How to register motor vehicles ?

			
By K. Krishnamurthy

The Motor Vehicles Act 1938, governs the purchase, ownership, usage
and transfer of motor vehicles in India.

What is a motor car?

A motor car means any motor vehicle other than a transport vehicle,
omnibus, road roller, tractor, motorcycle or invalid carriage.

What is a motorcycle?

A motorcycle is a two-wheeled motor vehicle inclusive of any
detachable sidecar having an extra wheel attached with motor. A
scooter is also a motorcycle.

Is registration of the motor vehicle compulsory?

Yes. No person can drive any motor vehicle, no owner permit other
person to drive any motor vehicle in any public place unless the
vehicle is registered.

How should a motor vehicle be registered?

An application in the prescribed from accompanied by documents and
other particulars shall be made to the RTO for registration. The fee
for registration has to be paid as prescribed. Some States permit
one-time payment even. On verification of the particulars and the
information furnished, the registering authority will issue a
certificate of registration (RC). Particulars given in the certificate
are entered in a register maintained by registering authority.

How is the number given for the vehicle?

The registering authority will assign to the vehicle for display
thereon the registration mark followed by such letters and figures as
are allotted to the State by the Central government.

What is its period of validity?

A certificate of registration in respect of a motor vehicle is valid
for a period of 15 years from the date of issue and is renewable.

How should the certificate be renewed?

Renewal can be obtained by making an application in the prescribed
form and will be for a period of five years. The renewal of the
registration certificate will be after the vehicle is inspected.

Can the authority refuse registration?

The authority may refuse to renew or register the vehicle if they have
reason to believe that the vehicle is stolen or mechanically defective
or fails to satisfy the requirements of the Act.

What happens when the owner of the vehicle takes the vehicle to
another State for using it there permanently?

If a motor vehicle registered in one State has been kept in another
State for a period exceeding 12 months, the owner shall apply to the
authorities in other the State asking for the assignment of a new
registration number, marking, and so on, enclosing the old
certificate.

The application for new registration in the other State
should be accompanied by:

- A `no-objection' certificate by the authority that issued the
 certificate;

- A receipt given by the authority acknowledging the receipt of
 application for registration in the different State; Or postal
 acknowledgement for proof of sending the application for transfer;

- A declaration by the owner that he has not received any direction;
 and

- If the vehicle was purchased under a hire purchase, or a lease or
 hypothecation agreement, a `no-objection' certificate from the party
 with an interest in the vehicle by virtue of the agreement.

What should be done if there is a change of residence or place of
work?

If the owner of vehicle changes his residence or his place of business
from the address recorded in the certificate he should intimate the
change of address and amend the certificate with the authority,
depending on the jurisdiction.

How to effect transfer of ownership of the motor vehicle?

The transferor, if he transfers the vehicle by way of sale or gift to
a person within the same State, the authority should be notified of
the transfer within 14 days of the event enclosing documents in proof
of transfer in a prescribed form and also sending a copy thereof to
the transferee. Both the transferor and the transferee should sign the
prescribed form.

In case the vehicle is registered outside the State, the transferor
shall send the application within 45 days of the transfer to the
registering authority concerned enclosing a `no-objection' certificate
from the registration Authority of the State where vehicle was registered
in the name of owner _ he should follow the same formalities enumerated for
vehicle registration.

What is the procedure for transfer _ when a person in whose name the
vehicle stands dies or a motor vehicle has been purchased or acquired
at public auction?

A person succeeding to the deceased person's vehicle or who acquires
it by purchase in an auction has to make an application for the
purpose of transfer to the registering authority in whose jurisdiction
the deceased had residence and where the person purchased vehicle
resides.

How can it be determined if the vehicle has been subject to
hypothecation or hire purchase?

The registering authority, while registering a vehicle, if it is
subject matter of hypothecation or hire purchase, will make an entry in
the certificate of registration regarding the existence of the said agreement.

What is the procedure if the transferee of the motor vehicle wants to
avail himself of the hire purchase facility already covered by the
hire-purchase agreement?

When a registered motor vehicle is transferred
and the transferee enters into an agreement of hypothecation or a hire
purchase agreement, the original registering authority will make an
entry regarding the existence of agreement.

How to find out if the hire purchase agreement has been cancelled or
terminated?

On an application being made by the concerned parties, enclosing proof
of the termination of the agreement, the registering authority will
notify the cancellation of agreement in the certificate.

No entry regarding the existence of any agreement will be made in the
certificate of registration unless parties concerned gives the consent
in writing.

Can the owner of a motor vehicle alter the vehicle?

The alteration can be done after giving notice to the registering
authority and on approval by him of the proposed alteration. No
permission is necessary for the addition or removal of fittings. Any
change proposed should not exceed two per cent of the weight entered
in the certificate of registration.

What are the powers of the registering authority?

He has powers to suspend the certificate of registration of the
vehicle if the vehicle is in such a condition that its use in a public
place would constitute danger for the public or if the owner fails to
comply with the requirements of the Act. This, he can do after issuing
notice and after verification and inspection of the vehicle.

What is the procedure for canceling the registration of the motor
vehicle?

On receipt of the report from the owner that the motor vehicle has
been destroyed or is incapable of use, his request for cancellation
will be ordered by the authority on verification and inspection and if
it is the original authority he will cancel the certificate. If the
will be ordered by the authority on verification and inspection and if
it is the original authority he will cancel the certificate. If the
vehicle is registered with some other authority the letter will be
forwarded to him.

Is the insurance of the motor vehicle mandatory?

Yes. No person shall use vehicle in a public place
unless it is insured and he possess a policy of insurance.

What are the requirements of an insurance policy and the limits of
liability of the insurer?

A policy of Insurance must be

- Issued by a person who is an authorised insurer;

- Insures the person or claimants specified in the policy;

- Against any liability which may be incurred by him in respect of
 death or bodily injury to any person or damage to any property of the
 third party caused by or arising out of the use of vehicle in a public
 place.

(The author is a Chennai-based advocate and notary public.)

Copyrights © 1999 The Hindu Business Line & Tribeca Internet Initiatives Inc.