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MVA 1988 (Amended 2019)ORIGINALChapter V
Section 113
Limits of Weight and Limitations on Use
Control of Traffic
Fine: ₹20,000 + ₹2,000/tonneCompoundable: NoEndorsement: No
BARE ACT PROVISION
Legal Text
No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer which — (a) exceeds the maximum weight fixed for the vehicle, or (b) exceeds the maximum permissible weight for any axle fixed by the Central Government under this section, or (c) is loaded in a manner as to make it dangerous.
Simplified Explanation
Section 113 addresses vehicle overloading — one of India's most economically significant and structurally damaging traffic violations. Overloaded trucks cause disproportionate road damage (the damage function is exponential with respect to axle load — a 10% overload causes approximately 46% more road damage), lead to tyre blowouts and brake failure, and are a major cause of serious accidents. The Central Government prescribes maximum gross vehicle weights (GVW) and axle load limits for each vehicle class. The penalty under Section 194 is deliberately punitive — ₹20,000 base fine plus ₹2,000 per tonne over the limit. A truck carrying 5 tonnes over its permissible limit faces a ₹30,000 fine. Additionally, the overloaded vehicle may be required to offload excess cargo on the spot before being permitted to proceed. The 2019 Amendment significantly strengthened this provision — the pre-amendment fine was a token ₹2,000, which operators routinely factored into their transportation economics. The 10-fold increase changed the calculus.
Historical Context
Overloading of goods vehicles has been an endemic problem in India driven by freight economics — operators could carry more cargo per trip, and the old penalties were trivial relative to the economic gain. Road damage caused by overloaded trucks has been estimated to cost India thousands of crores annually in premature road deterioration.Critical Changes
Penalty completely overhauled: from ₹2,000 flat to ₹20,000 + ₹2,000/tonne — 2019 Amendment.
Mandatory offloading of excess cargo at the check post.
Automated weigh-in-motion (WIM) systems being installed on national highways.
Liability of cargo owner also created — shipper who caused overloading is also liable.
Practical Scenarios
"A 10-tonne truck carrying 15 tonnes — 5 tonnes over limit; fine = ₹20,000 + ₹10,000 = ₹30,000."
"A bus certified for 50 passengers carrying 70 — passenger overloading offence under Section 128/194A."
Common Queries
Under Section 194 (as amended 2019): ₹20,000 base fine plus ₹2,000 for every tonne (or part thereof) by which the vehicle exceeds its permissible weight. A truck 5 tonnes over limit pays ₹20,000 + ₹10,000 = ₹30,000. The excess cargo must also be offloaded.
Separate from Section 113 (which covers weight), Section 66/128 covers passenger overloading — carrying more passengers than the registered seating capacity. The Section 194A penalty applies for passenger overloading in stage carriages.