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Law Dictionary Letter M

Motor Vehicle

Legal definition for Indian law research

Definition

Motor vehicle, means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding [twenty-five cubic centimetres]. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (28)]

A 'motor vehicle' means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises', Automotive Manuacturers (P) Ltd. v. Government of Andhra Pradesh, AIR 1972 SC 229: (1972) 2 SCR 593: (1972) 1 SCC 125.

The word 'vehicle' itself connotes that it is a contrivance which moves. A vehicle which merely moves from one place to another need not necessarily be a motor vehicle within the meaning of s. 2(18) of the Bihar & Orissa Motor Vehicles Taxation Act, 1930, Bolani Ores Ltd. v. State of Orissa, AIR 1975 SC 17: (1974) 2 SCC 777. [Motor Vehicles Act, 1939, s. 2 (18); Bihar and Orissa Motor Vehicles Taxation act, 1930]

--merely because a vehicle does not carry passengers or goods does not means that it crease to be a motor vehicle. So long as it is a vehicle, which is mechanically propelled, and is adapted for use on roads, it is a motor vehicle within the meaning of the Motor Vehicles Act, 1998, Government of Andhra Pradesh v. Road Rollers Owners Welfare Association, (2004) 6 SCC 210 (212). [Motor Vehicles Act, 1988, s. 2(21) & (28)]

Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.

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