Motor Vehicles Act 1988 Section 122: Explained in Plain Terms
Section 122 of the Motor Vehicles Act, 1988, deals with how vehicles are left or parked in public spaces. In simple language, this section makes it illegal to leave a motor vehicle or trailer in a public place in a way that causes obstruction, danger, or inconvenience to others.
Here’s the key text of the law:
“No person in charge of a motor vehicle shall cause or allow the vehicle to stand or be left unattended in a public place in such a manner or position as to cause or be likely to cause danger, obstruction or undue inconvenience to other users of the public place or to the public.”
This means if you park your car on a busy road, leave it in front of a gate, abandon it in a narrow street, or just leave your vehicle somewhere without thinking, you could be violating Section 122.
The Penalty: What Happens If You Violate Section 122?
Violating Section 122 is punishable under Section 177 of the same Act. Section 177 is the general provision for penalties for breaches of any rule or regulation for which no specific punishment is prescribed.
If you’re found violating Section 122:
- You may have to pay a fine of up to ₹100 for the first offence.
- For subsequent offences, the fine can go up to ₹300.
- In some municipal jurisdictions, additional towing charges or daily parking penalties may also apply.
Real-World Examples: How Section 122 Affects You
- Blocking entrances or exits: Parking in front of someone’s gate or a public building’s entrance may be considered obstruction.
- Double parking: Leaving your vehicle beside another parked vehicle on a narrow street is a classic case of “undue inconvenience.”
- Abandoning a vehicle: Leaving a broken-down car on the road for days is likely to invite action under this law.
- Parking near traffic signals or junctions: Even stopping for a short while at the wrong place can be considered dangerous or obstructive.
Local police departments and municipal traffic authorities often use this section when dealing with irresponsible or careless parking.
How Section 122 Is Enforced Across India
Enforcement varies from city to city. In metro cities like Delhi, Mumbai, and Bengaluru, Section 122 is often used to justify towing away of improperly parked vehicles, especially in no-parking zones.
For example:
- In Delhi, between January and July 2023, over 1.25 lakh vehicles were penalized under wrongful parking provisions, many of which involved Section 122.
- In Mumbai, the traffic police issued fines exceeding ₹10 crore in a year through challans involving improper vehicle positioning.
While Section 122 doesn’t explicitly mention towing, authorities often invoke related municipal laws or traffic regulations that give them the power to remove such vehicles in the interest of public safety.
Sources:
- Delhi Traffic Police Annual Report 2023
- Mumbai Traffic Police Enforcement Bulletin 2023
What Drivers Need to Be Aware Of
- Don’t assume short-term parking is safe: Even if you’re stepping out for “just a minute”, the law applies.
- Watch for signage: Many areas are marked with “No Parking” or “Tow Away Zone” signs — disobeying those is risky.
- Civic sense matters: Section 122 is meant to protect the right-of-way for emergency vehicles, pedestrians, cyclists, and fellow drivers.
This is especially important in Indian cities where space is tight and even one wrongly placed vehicle can cause massive disruption.
Courts Have Upheld the Law’s Intent
Indian courts have upheld that leaving a vehicle in a way that causes inconvenience or poses danger, even without the intent to do so, is a valid offence under Section 122. The focus is not on whether you meant to cause obstruction, but whether your action actually did.
In one Delhi High Court case, a commercial truck left overnight on a busy road was deemed an obstruction under Section 122, and the vehicle owner was held liable even though the breakdown was genuine. The court emphasised that responsibility lies with the driver to remove the vehicle or inform authorities.
Final Take: Why Section 122 Deserves Attention
Section 122 of the Motor Vehicles Act might seem like a minor rule on paper, but it plays a big role in keeping public roads functional, safe, and accessible. It applies to every driver, from the casual car owner to commercial transporters.
In a country where urban traffic congestion costs the economy over ₹1.5 lakh crore annually (as per a 2022 NITI Aayog report), minor violations like improper parking can add up to big problems. Section 122 exists to prevent that.
By simply being mindful of where and how we leave our vehicles, we help ease the strain on public spaces and reduce friction with law enforcement. It’s a small act of responsibility with real consequences — legal, financial, and civic.
