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Driving a defective/Unsafe Motor Vehicle

Last updated on Apr 8, 2022

You cannot drive, or allow someone to drive, a motor vehicle that has any defect which either you (owner) knows about or could have known about through ordinary care, which makes the car dangerous to other persons or vehicles1. For example, if the brakes of your vehicle are not functioning properly, your vehicle will be considered defective. 

The penalties for driving a defective motor vehicle are as follows1:

  • If you drive or allow anyone to drive a defective motor vehicle, then you will be punished with a fine of at least Rs. 1,500. The applicable fine amount might vary across states. 
  • If such a vehicle causes an accident that results in bodily injury or damage to property:
    • For the first offence, you will be punished with a fine of Rs. 5,000 or jail time of up to 3 months or both. The applicable fine amount might vary across states. 
    • For every subsequent offence, you will be punished with a fine of up to Rs. 10,000 or jail time of up to 6 months. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

 

State Offence Frequency of Offence/Type of Vehicle Fine Amount (In INR)
Delhi Driving an unsafe/defective vehicle Any offence 1,500
Driving an unsafe/defective vehicle, resulting in an accident that causes bodily injury or property damage First offence 5,000
Any subsequent offence 10,000
Karnataka

 

 Using vehicle in an unsafe condition

 

 Two/Three-Wheeler

 

 1,500

 
Light Motor Vehicle, Heavy Motor Vehicle and Others 3,000
  1. Section 190(1), The Motor Vehicles Act, 1988. [↩] [↩]

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