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MVA 1988 (Amended 2019)ORIGINALChapter V
Section 122
Leaving Vehicle in Dangerous Position
Control of Traffic
Fine: ₹500Compoundable: YesEndorsement: No
BARE ACT PROVISION
Legal Text
No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to be left in any position in a public place so as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the road or to the owners of property.
Simplified Explanation
Section 122 addresses the hazard of abandoned or carelessly positioned vehicles on public roads. The provision is deliberately broad — covering not just blocking traffic but also positions that cause danger (a broken-down vehicle on a blind curve without warning triangles), undue inconvenience (double parking blocking an adjacent parked vehicle), or property damage risk. The duty to avoid dangerous positioning applies to the person 'in charge' of the vehicle — which includes both the driver and the owner if they caused or allowed the dangerous positioning. In practice, breakdowns on highways — where a vehicle is left without reflective triangles, hazard lights, or other warnings — frequently involve Section 122 in accident investigations.
Historical Context
Section 122 becomes particularly relevant in accident aftermath cases — when a broken-down vehicle without proper warnings contributes to a secondary accident, the original driver/owner may face both Section 122 liability and contributory negligence in MACT compensation claims.Practical Scenarios
"A truck parked on a blind curve without warning triangles — Section 122 violation."
"A car blocking a fire exit in a parking structure — Section 122 violation."
Common Queries
Under Section 122 and good road safety practice: place warning triangles/reflectors at least 50 metres behind the vehicle; switch on hazard lights; move to the emergency lane if possible; call for assistance. Leaving a broken-down vehicle on the carriageway without warnings is a Section 122 violation.