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Motor Car - Definition - Law Dictionary Home Dictionary Definition motor-car

Definition :

Motor Car, means a mechanically propelled vehicle, not being a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and of which the weight unlades: (1) if it is constructed solely for the carriage of passengers and their effects, is adapted to carry not more than seven passengers exclusive of the driver, and is fitted with tyres of such type as may be specified in regulation made by the secretary of state, does not exceed 3,050 kilograms; (2) if it is constructed or adapted for use for the conveyance of goods or burden of any description does not exceed 3,050 kilograms, or 3,500 kilograms, if the vehicle carries a container or containers for holding, for the purpose of its propulsion; any fuel which is wholly gaseous at 17.5' Celsius under a pressure of 1.013 bar or plant and material for producing such fuel; or (3) in a case falling within neither head (1) nor head (2) above, does not exceed 2,540 kilograms, See Halsbury's Laws of England, 4th Edn., Vol. 40(1), para 11 at p. 22.

Formerly motor car meant the same as light locomotive except for certain provisions as to registration. But the (English) Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43), s. 2 (1) (e), defines motor cars as mechanically propelled vehicles (not being vehicles classified under this s. as motor cycles or invalid carriages), which are constructed themselves to carry a load or passengers and the weight of which unladen:

(i.) in the case of vehicles which are--

(1) constructed solely for the carrige of passengers and their effects; and

(2) adapted not to carry more than seven passengers and their effects; and

(3) fitted with tyres of the prescribed type; does not exceed 3 tons.

(ii.) in any other case does not exceed 2' tons.

A heavy motor car is a mechanically propelled vehicle (not being classified under the s. as motor cars), which is constructed to carry a load or passengers, and the weight of which unladen exceeds 2' tons.

A person under seventeen may not drive a motor car, or under twenty-one a heavy motor car, and in order to obtain a driving licence he must be physically fit (i.e., not suffer from certain physical diseases or disabilities which might cause him to be a source of danger); also he must pass a test in actual driving; but a person who has had a driving licence previously to the commencement of the Act need not pass a driving test (s. 5), and Motor Vehicles (Driving Licences) Regulation, 1930 (No. 938). Users of motor vehicles must be insured against third-party risks (s. 35), and Motor Vehicles (Third-party Risks) Regulations, 1930 (No. 1097). As to dimensions, overall length, construction, etc., see Motor Vehicles (Construction and Use) Regulations, 1931 (No. 4). As to rate of speed, offences, reckless and dangerous driving and also careless driving, see, generally, the Road Traffic Act, 1930-1936, and the various Regulations and Orders. There is an excise duty on all cars driven, rated on the horse-power (Finance Acts, 1920 and 1931). There are also Customs duties on all foreign motor cars.

It means any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor cycle or invalid carriage. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (26)]

While a tourist vehicle may include a motor car, a motor car, by definition, excludes an omnibus, Karnataka State Tourism Development Corporation Ltd. v. Karnataka State Transport Appellate Tribunal, AIR 1986 SC 2039: (1986) 4 SCC 421: (1986) 3 SCR 1008.

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