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MVA 1988 (Amended 2019)ORIGINALChapter V

Section 137-138

Appointment of Motor Vehicles Officers; Power to Make Rules for Control of Traffic

Control of Traffic
Fine: N/ACompoundable: N/AEndorsement: No
BARE ACT PROVISION

Legal Text

Section 137: The State Government may appoint such persons as it thinks fit, to be Motor Vehicles Inspectors for the purposes of this Act. Section 138: A State Government may make rules for the purpose of regulating the flow of traffic — including rules relating to the use of horns, the installation and use of lamps and lights, the use of safety belts, and the maximum noise levels permissible.

Simplified Explanation

Sections 137 and 138 provide the administrative and regulatory infrastructure for traffic control. Section 137 authorises State Governments to appoint Motor Vehicles Inspectors — the officers who conduct fitness inspections, permit verifications, and enforcement operations beyond ordinary traffic policing. Section 138 is the rule-making delegation that allows State Governments to prescribe detailed traffic regulations covering: horn use restrictions (silent zones near hospitals, schools); lighting requirements (headlights, taillights, indicators); safety belt specifications; noise level standards; and other traffic control measures. State rules made under Section 138 have the force of law — violations are penalised under Section 177 (general penalty). This section is the basis for many familiar state-level traffic regulations such as no-horn zones in Pune, specific tinted glass rules in Delhi, and noise pollution standards for vehicle horns.

Historical Context

The State rule-making power under Section 138 enables customisation of traffic regulations to local conditions — different road and traffic characteristics in Mumbai versus rural Rajasthan require different operational approaches.

Critical Changes

State rules under Section 138 now cover electronic enforcement provisions.

Noise pollution standards for vehicle horns strengthened in many states.

Practical Scenarios

"Maharashtra's no-honking zones under Section 138 rules."
"Delhi's specific tinted glass standards under Section 138."

Common Queries

Motor Vehicles Officers are government-appointed officials authorized to inspect vehicles, check documents, and enforce compliance with the Motor Vehicles Act. They may be gazetted or non-gazetted officers designated by the State Government.
Section 138 empowers State Governments to make rules for control of traffic on roads, including rules for pedestrian movement, use of traffic signals, direction of traffic flow, and road safety measures. Violations of such rules are penalized under Section 177A.
Rules framed under Section 138 have the force of law once notified. A citizen may challenge them through a writ petition if they are ultra vires the Act or violate fundamental rights, but the rules themselves are presumed valid until struck down by a court.