VIMALA MAHMOOD FOUNDATION
MOTOR VEHICLES ACT, 1988
59 of 1988
14th October, 1988
An Act to consolidate and amend the law relating to motor vehicles. BE it
enacted by Parliament in the Thirty-ninth Year of the Republic of India as
follows:SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Motor Vehicles Act, 1988.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may,
by notification in the Official Gazelle, appoint; and different dates may be
appointed for different States and any reference in this Act to the
commencement of this Act shall, in relation to a State, be construed as a
reference to the coming into force of this Act in that State.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,(1) "area", in relation to any provision of this Act, means such area as the
State Government may, having regard to the requirements of that
provision, specify by notification in the Official Gazette;
(2) "articulated vehicle" means a motor vehicle to which a semi-trailer is
attached;
(3) "axle weight" means in relation to an axle of a vehicle the total weight
transmitted by the several wheels attached to that axle to the surface on
which the vehicle rests;
(4) "certificate of registration" means the certificate issued by a
competent authority to the effect that a motor vehicle has been duly
registered in accordance with the provisions of Chapter IV;
(5) "conductor" in relation to a stage carriage, means a person engaged in
collecting fares from passengers, regulating their entrance into, or exit
from, the stage carriage and performing such other functions as may be
prescribed;
(6) "conductor's licence" means the licence issued by a competent
authority under Chapter III authorising the person specified therein to
act as a conductor;
(7) "contract carriage" means a motor vehicle which carries a passenger
or passengers for hire or reward and is engaged under a contract,
whether expressed or implied, for the use of such vehicle as a whole for
the carriage of passengers mentioned therein and entered into by a
person with a holder of a permit in relation to such vehicle or any person
authorised by him in this behalf on a fixed or an agreed rate or sum(a) on a time basis, whether or not with reference to any route or
distance; or
(b) from one point to another, and in either case, without stopping to pick
up or set down passengers not included in the contract anywhere during
the journey, and includes(i) a maxicab; and
(ii) a motorcab notwithstanding the separate fares are charged for its
passengers;
(8) "dealer" includes a person who is engaged(a) 1 [ x x x]
(b) in building bodies for attachment to chassis; or
(c) in the repair of motor vehicles; or
(d) in the business of hypothecation, leasing or hire-purchase of motor
vehicle;
(9) "driver" includes, in relation to a motor vehicle which is drawn by
another motor vehicle, the person who acts as a steersman of the drawn
vehicle:
(10) "driving licence" means the licence issued by a competent authority
under Chapter II authorising the person specified therein to drive,
otherwise than as a learner, a motor vehicle or a motor vehicle of any
specified class or description;
(11) "educational institution bus" means an omnibus, which is owned by
a college, school or other educational institution and used solely for the
purpose of transporting students or staff of the educational institution in
connection with any of its activities;
(12) "fares" includes sums payable for a season ticket or in respect of the
hire of a contract carriage;
(13) "goods" includes live-stock, and anything (other than equipment
ordinarily used with the vehicle) carried by a vehicle except living
persons, but does not include luggage or personal effects carried in a
motor car or in a trailer attached to a motor car or the personal luggage
of passengers travelling in the vehicle;
(14) "goods carriage" means any motor vehicle constructed or adapted for
use solely for the carriage of goods, or any motor vehicle not so
constructed or adapted when used for the carriage of goods;
(15) "gross vehicle weight" means in respect of any vehicle the total
weight of the vehicle and load certified and registered by the registering
authority as permissible for that vehicle;
(16) "heavy goods vehicle" means any goods carriage the gross vehicle
weight of which, or a tractor or a road-roller the unladen weight of either
of which, exceeds 12,000 kilograms;
(17) "heavy passenger motor vehicle" means any public service vehicle or
private service vehicle or educational institution bus or omnibus the
gross vehicle weight of any of which, or a motor car the unladen weight of
which, exceeds 12,000 kilograms;
(18) "invalid carriage" means a motor vehicle specially designed and
constructed, and not merely adapted, for the use of a person suffering
from some physical defect or disability, and used solely by or for such a
person;
(19) "learner's licence" means the licence issued by a competent
authority under Chapter II authorising the person specified therein to
drive as a learner, a motor vehicle or a motor vehicle of any specified
class or description;
(20) "licensing authority" means an authority empowered to issue
licences under Chapter II or, as the case may be, Chapter III;
(21) "light motor vehicle" means a transport vehicle or omnibus the gross
vehicle weight of either of which or a motor car or tractor or road-roller
the unladen weight of any of which, does not exceed 2 [7500] kilograms;
3 [(2lA) "manufacturer" means a person who is engaged in the
manufacture of motor vehicles;]
(22) "maxicab" means any motor vehicle constructed or adapted to carry
more than six passengers, but not more than twelve passengers,
excluding the driver, for hire or reward;
(23) "medium goods vehicle" means any goods carriage other than a light
motor vehicle or a heavy goods vehicle:
(24) "medium passenger motor vehicle" means any public service vehicle
or private service vehicle, or educational institution bus other than a
motor cycle, invalid carriage, light motor vehicle or heavy passenger
motor vehicle;
(25) "motorcab" means any molor vehicle constructed or adapted to carry
not more than six passengers excluding the driver for hire or reward;
(26) "motor car" means any molor vehicle other than a transport vehicle,
omnibus, road-roller, tractor, motor cycle or invalid carriage;
(27) "motor cycle" means a two-wheeled motor vehicle, inclusive of any
detachable side-car having an extra wheel, attached to the motor vehicle;
(28) "motor vehicle" or "vehicle" means any mechanically propelled
vehicle adapted for use upon roads whether the power of propulsion is
transmitted thereto from an external or internal source and includes a
chassis to which a body has not been attached and a trailer, but does not
include a vehicle running upon fixed rails or a vehicle of a special type
adapted for use only in a factory or in any other enclosed premises or a
vehicle having less than four wheels fitted with engine capacity of not
exceeding 4 [twenty-five cubic centimetres];
(29) "omnibus" means any motor vehicle constructed or adapted to carry
more than six persons excluding the driver;
(30) "owner" means a person in whose name a molor vehicle stands
registered, and where such person is a minor, the guardian of such
minor, and in relation to a motor vehicle which is the subject of a
hire-purchase, agreement, or an agreement of lease or an agreement of
hypothecation, the person in possession of the vehicle under that
agreement;
(31) "permit" means a permit issued by a Slate or Regional Transport
Authority or an authority prescribed in this behalf under this Act
authorising the use of a molor vehicle as a transport vehicle;
(32) "prescribed" means prescribed by rules made under this Act;
(33) "private service vehicle" means a motor vehicle constructed or
adapted to carry more than six persons excluding the driver and
ordinarily used by or on behalf of the owner of such vehicle for the
purpose of carrying persons for, or in connection with, his trade or
business otherwise than for hire or reward but docs not include a motor
vehicle used for public purposes;
(34) "public place" means a road, street, way or other place, whether a
thoroughfare or not, to which the public have a right of access, and
includes any place or stand at which passengers are picked up or set
down by a stage carriage;
(35) "public service vehicle" means any motor vehicle used or adapted to
be used for the carriage of passengers for hire or reward, and includes a
maxicab, a molorcab, contract carriage, and stage carriage;
(36) "registered axle weight" means in respect of the axle of any vehicle,
the axle weight certified and registered by the registering authority as
permissible for that axle;
(37) "registering authority" means an authority empowered to register
motor vehicles under Chapter IV;
(38) "route" means a line of travel which specifies the highway which may
be traversed by a motor vehicle between one terminus and another;
5 [(39) "semi-trailer" means a vehicle not mechanically propelled (other
than a trailer), which is intended to be connected to a motor vehicle and
which is so constructed that a portion of it is super-imposed on, and a
part of whose weight is borne by that motor vehicle;]
(40) "stage carriage" means a motor vehicle constructed or adapted to
carry more than six passengers excluding the driver for hire or reward at
separate fares paid by or for individual passengers, either for the whole
journey or for stages of the journey;
(41) "State Government" in relation to a Union territory means the
Administrator thereof appointed under article 239 of the Constitution;
(42) "State transport undertaking" means any undertaking providing
road transport service, where such undertaking is carried on by,(i) the Central Government or a State Government;
(ii) any Road Transport Corporation established under section 3 of the
Road Transport Corporations Act, 1950 (64 of 1950)- ;
(iii) any municipality or any corporation or company owned of controlled
by the Central Government or one or more Slate Governments, or by the
Central Government and one or more State Governments. 6 [(iv) Zila
Parishad or any other similar local authority.]
(43) "tourist vehicle" means a contract carriage .constructed or adapted
and equipped and maintained in accordance with such specifications as
may be prescribed in this behalf;
(44) "tractor" means a motor vehicle which is not itself constructed to
carry any load (other than equipment used for the purpose of
propulsion); but excludes a road- roller;
(45) "traffic signs" includes all signals, warning sign posts, direction
posts, markings on the road or other devices for the information,
guidance or direction of drivers of motor vehicles:
(46) "trailer" means any vehicle, other than a semi-trailer and a side-car,
drawn or intended to be drawn by a motor vehicle;
(47) "transport vehicle" means a public service vehicle, a goods carriage,
an educational institution bus or a private service vehicle;
(48) "unladen weight" means the weight of a vehicle or trailer including
all equipment ordinarily used with the vehicle or trailer when working,
but excluding the weight of a driver or attendant; and where alternative
parts or bodies are used the unladen weight of the vehicle means the
weight of the vehicle with the heaviest such alternative part or body;
(49) "weight" means the total weight transmilted for the time being by ihe
wheels of a vehicle to the surface on which the vehicle rests.
SECTION 03: NECESSITY FOR DRIVING LICENCE
(1) No person shall drive a motor vehicle in any public place unless he
holds an effective driving licence issued to him authorising him to drive
the vehicle; and no person shall so drive a transport vehicle [other than 7
[a motor cab or motor cycle] hired for his own use or rented under any
scheme made under sub-section (2) of section 75- ] unless his driving
licence specifically entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a
person receiving instructions in driving a motor vehicle shall be such as
may be prescribed by the Central Government.
SECTION 04: AGE LIMIT IN CONNECTION WITH DRIVING OF MOTOR
VEHICLES
(1) No person under the age of eighteen years shall drive a motor vehicle
in any public place: Provided that 8 [a motor cycle with engine capacity
not exceeding 50cc] may be driven in a public place by a person after
attaining the age of sixteen years.
(2) Subject to the provisions of section 18- , no person under the age of
twenty years shall drive a transport vehicle in any public place.
(3) No learner's licence or driving licence shall be issued to 'any person to
drive a vehicle of the class to which he has made an application unless
he is eligible lo drive that class of vehicle under this section.
SECTION 05: RESPONSIBILITY OF OWNERS OF MOTOR VEHICLES
FOR CONTRAVENTION OF SECTIONS 3 AND 4
No owner or person in charge of a motor vehicle shall cause or permit
any person who does not satisfy the provisions of section 3 - or section 4
- to drive the vehicle.
SECTION 06: RESTRICTIONS ON THE HOLDING OF DRIVING
LICENCES
(1) No person shall, while he holds any driving licence for the lime being
in force, hold any other driving licence except a learner's licence or a
driving licence issued in accordance with the provisions of section 18- or
a document authorising, in accordance with the rules made under
section 139- , the person specified therein to drive a motor vehicle.
(2) No holder of a driving licence or a learner's licence shall permit it to be
used by any other person.
(3) Nothing in this section shall prevent a licensing authority having the
jurisdiction referred to in sub-section (7) of section 9- from adding to the
classes of vehicles which the driving licence authorises the holder to
drive.
SECTION 07: RESTRICTIONS ON THE GRANTING OF LEARNER'S
LICENCES FOR CERTAIN VEHICLES
9 [(1) No person shall be granted a learner's licence to drive a transport
vehicle unless he has held a driving licence to drive a light motor vehicle
for at least one year.
(2) No person under the age of eighteen years shall be granted a learner's
licence to drive a motor cycle without gear except with the consent in
writing of the person having the care of the person desiring the learner's
licence.
SECTION 08: GRANT OF LEARNER'S LICENCE
Provided that a learner's licence limited to driving an invalid carriage
may be issued to the applicant, if the licensing authority is satisfied that
he is fit to drive such a carriage.
(5) No learner's licence shall be issued to any applicant unless he passes
to the satisfaction of the licensing authority such test as may be
prescribed by the Central Government.
(6) When an application has been duly made to the appropriate licensing
authority and the applicant has satisfied such authority of his physical
fitness under sub-section (3) and has passed to the satisfaction of the
licensing authority the test referred to in sub-section (5), the licensing
authority shall, subject to the provisions of section 7- , issue the
applicant a learner's licence unless the applicant is disqualified under
section 4- for driving a motor vehicle or is for the time being disqualified
for holding or obtaining a licence to drive a motor vehicle: Provided that a
licensing authority may issue a learner's licence to drive a motor cycle or
a light motor vehicle notwithstanding that it is not the appropriate
licensing authority, if such authority is satisfied that there is good
reason for the applicant's inability to apply to the appropriate licensing
authority.
(7) Where the Central Government is satisfied that it is necessary or
expedient so to do, it may, by rules made in this behalf, exempt
generally, either absolutely or subject to such conditions as may be
specified in the rules, any class of persons from the provisions of
sub-section (3), or sub-section (5), or both.
(8) Any learner's licence for driving a motor cycle in force immediately
before the commencement of this Act shall, after such commencement,
be deemed to be effective for driving a motor cycle with or without gear.
SECTION 09: GRANT OF DRIVING LICENCE
(1) Any person who is not for the time being disqualified for holding or
obtaining a driving licence may apply to the licensing authority having
jurisdiction in the area(i) in which he ordinarily resides or carries on business, or
(ii) in which the school or establishment referred to in section 12- from
where he is receiving or has received instruction in driving a motor
vehicle is situated, for the issue to him of a driving licence.
(2) Every application under sub-section (1) shall be in such form and
shall be accompanied by such fee and such documents as may be
prescribed by the Central Government.
11 [(3) If the applicant passes such test as may be prescribed by the
Central Government, he shall be issued the driving licence: Provided that
no such test shall be necessary where the applicant produces proof to
show that(a) (i) the applicant has previously held a driving licence to drive such
class of vehicle and that the period between the date of expiry of that
licence and the date of the application does not exceed five years, or
(ii) the applicant holds or has previously held a driving licence to drive
such class of vehicle issued under section 18- , or
(iii) the applicant holds a driving licence to drive such class of vehicle
issued by a
competent authority of any country outside India, subject to the
condition that the applicant complies with the provisions of sub-section
(3) of section 8- ,
(b) the applicant is not suffering from any disability which is likely to
cause the driving by him to be a source of danger to the public; and the
licensing authority may, for that purpose, require the applicant to
produce a medical certificate in the same form and in the same manner
as is referred to in subsection (3) of section 8- : Provided further that
where the application is for a driving licence to drive a motor vehicle (not
being a transport vehicle), the licencing authority may exempt the
applicant from the test of competence to drive a vehicle prescribed under
this sub-section, if the applicant possesses a driving certificate issued by
any institution recognised in this behalf by the State Government].
(4) Where the application is for a licence to drive a transport vehicle, no
such authorisation shall be granted to any applicant unless he
possesses such minimum educational qualification as may be
prescribed by the Central Government and a driving certificate issued by
a school or establishment referred to in section 12- .
11 [(5) Where the applicant does not pass the test, he may be permitted
to reappear for the test after a period of seven days: Provided that where
the applicant does not pass the test even after three appearances, he
shall not be qualified to reappear for such test before the expiry of a
period of sixty days from the date of last such test.]
(6) The test of competence to drive shall be carried out in a vehicle of the
type to which the application refers: Provided that a person who passed a
test in driving a motor cycle with gear shall be deemed also to have
passed a test in driving a motor cycle without gear.
(7) When any application has been duly made to the appropriate
licensing authority and the applicant has satisfied such authority of his
competence to drive, the licensing authority shall issue the applicant a
driving licence unless the applicant is for the time being disqualified for
holding or obtaining a driving licence: Provided that a licensing authority
may issue a driving licence to drive a motor cycle or a light motor vehicle
notwithstanding that it is not the appropriate licensing authority, if the
licensing authority is satisfied that there is good and sufficient reason for
the applicant's inability to apply to the appropriate licensing authority :
Provided further that the licensing authority shall not issue a new
driving licence to the applicant, if he had previously held a driving
licence, unless it is satisfied that there is good and sufficient reason for
his inability to obtain a duplicate copy of his former licence.
(8) If the licensing authority is satisfied, after giving the applicant an
opportunity of being heard, that he(a) is a habitual criminal or a habitual drunkard; or
(b) is a habitual addict to any narcotic drug or psychotropic substance
within the meaning of the Narcotic Drugs and Psychotropic Substances
Act, 1985 (61 of 1985)- ; or
(c) is a person whose licence to drive any motor vehicle has, at any time
earlier, been revoked, it may, for reasons to be recorded in writing, make
an order refusing to issue a driving licence to such person arid any
person aggrieved by an order made by a licensing authority under this
sub-section may, within thirty days of the receipt of the order, appeal to
the prescribed authority.
(9) Any driving licence for driving a motor cycle in force immediately
before the commencement of this Act shall, after such commencement,
be deemed to be effective for driving a motor cycle with or without gear.
SECTION 10: FORM AND CONTENTS OF LICENCES TO DRIVE
(1) Every learner's licence and driving licence, except a driving licence
issued under section 18- , shall be in such form and shall contain such
information as may be prescribed by the Central Government.
(2) A learner's licence or, as the case may be, driving licence shall also be
expressed as entitling the holder to drive a motor vehicle of one or more
of the following classes, namely:(a) motor cycle without gear;
(b) motor cycle with gear;
(c) invalid carriage;
(d) light motor vehicle;
12 [(e) transport vehicle;]
(i) road-roller;
(j) motor vehicle of a specified description.
SECTION 11: ADDITIONS TO DRIVING LICENCE
(1) Any person holding a driving licence to drive any class or description
of motor vehicles, who is not for the time being disqualifed for holding or
obtaining a driving licence to drive any other class or description of
motor vehicles, may apply to the licensing authority having jurisdiction
in the area in which he resides or carries on his business in such form
and accompanied by such, documents and with such fees as may be
prescribed by the Central Government for the addition of such other
class or description of motor vehicles to the licence.
(2) Subject to such rules as may be prescribed by the Central
Government, the provisions of section 9- shall apply to an application
under this section as if the said application was for the grant of a licence
under that section to drive the class or description of motor vehicles
which the applicant desires to be added to his licence.
SECTION 12: LICENSING AND REGULATION OF SCHOOLS OR
ESTABLISHMENTS FOR IMPARTING INSTRUCTION IN DRIVING OF
MOTOR VEHICLES
(1) The Central Government may make rules for the purpose of licensing
and regulating, by the State Governments, schools or establishments (by
whatever name called) for imparting instruction in driving of motor
vehicles and matters connected therewith.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:(a) licensing of such schools or establishments including grant, renewal
and revocation of such licences;
(b) supervision of such schools or establishments;
(c) the form of application and the form of licence and the particulars to
be contained therein;
(d) fee to be paid with the application for such licences;
(e) conditions subject to which such licences may be granted;
(f) appeals against the orders of refusal to grant or renew such licences
and appeals against the orders revoking such licences;
(g) conditions subject to which a person may establish and maintain any
such school or establishment for imparting instruction in driving of
motor vehicles;
(h) nature, syllabus and duration of course or courses for efficient
instruction in driving any motor vehicle;
(i) apparatus and equipment (including motor vehicles fitted with dual
control) required for the purpose of imparting such instruction;
(j) suitability of the premises at which such schools or establishments
may be established or maintained and facilities to be provided therein;
(k) qualifications, both educational and professional (including
experience), which a person imparting instruction in driving a motor
vehicle shall possess;
(l) inspection of such schools and establishments (including the services
rendered by them and the apparatus, equipments and motor vehicles
maintained by them for imparting such instruction);
(m) maintenance of records by such schools or establishments;
(n) financial stability of such schools or establishments;
(o) the driving certificates, if any, to be issued by such schools or
establishments and the form in which such driving certificates shall be
issued
and the requirements to be complied with for the purposes of issuing
such certificates;
(p) such other matters as may be necessary to carry out the purposes of
this section.
(3) Where the Central Government is satisfied that it is necessary or
expedient so to do, it may, by rules made in this behalf, exempt
generally, either absolutely or subject to such conditions as may be
specified in the rules, any class of schools or establishments imparting
instruction in driving of motor vehicles or matters connected therewith
from the provisions of this section.
(4) A school or establishment imparting instruction in driving of motor
vehicles or matters connected therewith immediately before the
commencement of this Act whether under a licence or not, may continue
to impart such instruction without a licence issued under this Act for a
period of one month from such commencement, and if it has made an
application for such licence under this Act within the said period of one
month and such application is in the prescribed form, contains the
prescribed particulars and is accompanied by the prescribed fee, till the
disposal of such application by the licensing authority.
SECTION 13: EXTENT OF EFFECTIVENESS OF LICENCES, TO DRIVE
MOTOR VEHICLES
A learner's licence or a driving licence issued under this Act shall be
effective throughout India.
SECTION 14: CURRENCY OF LICENCES TO DRIVE MOTOR VEHICLES
(1) A learner's licence issued under this Act shall, subject to the other
provisions of this Act, be effective for a period of six months from the date
of issue of the licence.
(2) A driving licence issued or renewed under this Act shall,(a) in the case of a licence to drive a transport vehicle, be effective for a
period of three years: 13 [ x x ] [Provided that in the case of licence to
drive a transport vehicle carrying goods of dangerous or hazardous
nature be effective for a period of one year and renewal thereof shall be
subject to the condition that the driver undergoes one day refresher
course of the prescribed syllabus; and]
(b) in the case of any other licence,(i) if the person obtaining the licence, either originally or on renewal
thereof, has not
attained the age of 14 [fifty years] on the date of issue or, as the case may
be, renewal thereof,(A) be effective for a period of twenty years from the dale of such issue or
renewal; or
(B) until the date on which such person attains the age of 14 [fifty years],
whichever is earlier;
15 [(ii) if the person referred to in sub-clause (0, has attained the age of
fifty years on the date of issue or as the case may be, renewal thereof, be
effective, on payment of such fee as may be prescribed, for a period of five
years from the date of such issue or renewal;] Provided that every driving
licence shall, notwithstanding its expiry under this sub-section continue
to be effective for a period of thirty days from such expiry.
SECTION 15: RENEWAL OF DRIVING LICENCES
(1)Any licensing authority may, on application made to it, renew a
driving licence issued under the provisions of this Act with effect from
the date of its expiry: Provided that in any case where the application for
the renewal of a licence is made more than thirty days after the date of its
expiry, the driving licence shall be renewed with effect from the date of its
renewal: Provided further that where the application is for the renewal of
a licence to drive a transport vehicle or where in any other case the
applicant has attained the age of forty years, the same shall be
accompanied by a medical certificate in the same form and in the same
manner as is referred to in sub-section (3) of section 8- , and the
provisions of sub-section (4) of section 8- shall, so far as may be, apply in
relation to every such case as they apply in relation to a learner's licence.
(2) An application for the renewal of a driving licence shall be made in
such form and accompanied by such documents as may be prescribed
by the Central Government.
(3) Where an application for the renewal of a driving licence is made
previous to, or not more than thirty days after the date of its expiry, the
fee payable for such renewal shall be such as may be prescribed by the
Central Government in this behalf.
(4) Where an application for the renewal of a driving licence is made more
than thirty days after the date of its expiry the fee payable for such
renewal shall be such amount as may be prescribed by the Central
Government: Provided that the fee referred to in sub-section (3) may be
accepted by the licensing authority in respect of an application for the
renewal of a driving licence made under this sub-section if it is satisfied
that the applicant was prevented by good and sufficient cause from
applying within the time specified in sub-section (3): Provided further
that if the application is made more than five years after the driving
licence has ceased to be effective the licensing authority may refuse to
renew the driving licence unless the applicant undergoes and passes to
its satisfaction the test of competence to drive referred to in sub-section
(3) of section 9- .
(5) Where the application for renewal has been rejected, the fee paid shall
be refunded to such extent and in such manner as may be prescribed by
the Central Government.
(6) Where the authority renewing the driving licence is not the authority
which issued the driving licence it shall intimate the fact of renewal to
the authority which issued the driving licence.
SECTION 16: REVOCATION OF DRIVING LICENCE ON GROUNDS OF
DISEASE OR DISABILITY
Notwithstanding anything contained in the foregoing sections, any
licensing authority may at any time revoke a driving licence or may
require, as a condition of continuing to hold such driving licence, the
holder thereof to produce a medical certificate in the same form and in
the same manner as is referred to in sub-section (3) of section 8 - if the
licensing authority has reasonable grounds to believe that the holder of
the driving licence is, by virtue of any disease or disability, unfit to drive
a motor vehicle and where the authority revoking a driving licence is not
the authority which issued the same, it shall ultimate the fact of
revocation to the authority which issued that licence.
SECTION 17: ORDERS REFUSING OR REVOKING DRIVING LICENCES
AND APPEALS THEREFROM
(1) Where a licensing authority refuses to issue any learner's licence or to
issue or renew, or revokes any driving licence, or refuses to add a class or
description of motor vehicle to any driving licence, it shall do so by an
order communicated to the applicant or the holder as the case may be,
giving the reasons in writing for such refusal or revocation.
(2) Any person aggrieved by an order made under sub-section (3) may,
within thirty days of the service on him of the order, appeal to the
prescribed authority which shall decide the appeal after giving such
person and the authority which made the order an opportunity of being
heard and the decision of the appellate authority shall be binding on the
authority which made the order.
SECTION 18: DRIVING LICENCES TO DRIVE MOTOR VEHICLES,
BELONGING TO THE CENTRALGOVERNMENT
(1) Such Authority as may be prescribed by the Central Government may
issue driving licence valid throughout India to persons who have
completed their eighteenth year to drive motor vehicles which are the
property or for the time being under the exclusive control, of the Central
Government and are used for Government purposes relating to the
defence of the country and unconnected with any commercial enterprise.
(2) A driving licence issued under this section shall specify the class or
description of vehicle which the holder is entitled to drive and the period
for which he is so entitled.
(3) A driving licence issued under this section shall not entitle the holder
to drive any motor vehicle except a motor vehicle referred to in
sub-section (1).
(4) The authority issuing any driving licence under this section shall at
the request of any State Government, furnish such information
respecting any person to whom a driving licence is issued as that
Government may at any time require.
SECTION 19: POWER OF LICENSING AUTHORITY TO DISQUALIFY
FROM HOLDING A DRIVING LICENCE OR REVOKE SUCH LICENCE
(1) If a licensing authority is satisfied after giving the holder of a driving
licence an opportunity of being heard, that he(a) is a habitual criminal or habitual drunkard; or
(b) is a habitual addict to any narcotic drug or psychotropic substance
within the meaning of the Narcotic Drugs and Psychotropic Substances
Act, 1985 (61 of 1985)- ; or
(c) is using or has used a motor vehicle in the commission of a cognizable
offence; or
(d) has by his previous conduct as driver of a motor vehicle shown that
his driving is likely to be attended with danger to the public; or
(e) has obtained any driving licence or a licence to drive a particular class
or description of motor vehicle by fraud or misrepresentation; or
(f) has committed any such act which is likely to cause nuisance or
danger to
the public, as may be prescribed by the Central Government, having
regard to the objects of this Act; or
(g) has failed to submit to or has not passed the tests referred to in the
proviso to sub-section (3) of section 22- ; or
(h) being a person under the age of eighteen years who has been granted
a
learner's licence or a driving licence with the consent in writing of the
person having the care of the holder of the licence and has ceased to be
in such care, it may, for reasons to be recorded in writing, make an
order(i) disqualifying that person for a specified period for holding or obtaining
any driving licence to drive all or any classes or descriptions of vehicles
specified in the licence; or
(ii) revoke any such licence.
(2) Where an order under sub-section (1) is made, the holder of a driving
licence shall forthwith surrender his driving licence to the licensing
authority making the order, if the driving licence has not already been
surrendered, and the licensing authority shall,(a) if the driving licence is a driving licence issued under this Act, keep it
until the disqualification has expired or has been removed; or
(b) if it is not a driving licence issued under this Act endorse the
disqualification upon it and send it to the licensing authority by which it
was issued; or
(c) in the case of revocation of any licence, endorse the revocation upon it
and if it is not the authority which issued the same, intimate the fact of
revocation to the authority which issued that licence: Provided that
where the driving licence of a person authorises him to drive more than
one class or description of motor vehicles and the order, made under
sub-section (1), disqualifies him from driving any specified class or
description of motor vehicles, the licensing authority shall endorse the
disqualification upon the driving licence and return the same to the
holder,
(3) Any person aggrieved by an order made by a licensing authority
under subsection (1) may, within thirty days of the receipt of the order,
appeal to the prescribed authority, and such appellate authority shall
give notice to the licensing authority and hear either party if so required
by that party and may pass such order as it thinks fit and an order
passed by any such appellate authority shall be final.
SECTION 20: POWER OF COURT TO DISQUALIFY
(1) Where a person is convicted of an offence under this Act or of an
offence in the commission of which a motor vehicle was used, the Court
by which such person is convicted may, subject to the provisions of this
Act, in addition to imposing any other punishment authorised by law,
declare the person so convicted to be disqualified, for such period as the
Court may specify, from holding any driving licence to drive all classes or
description of vehicles, or any particular class or description of such
vehicles, as are specified in such licence: Provided that in respect of an
offence punishable under section 183- no such order shall be made for
the first or second offence.
(2) Where a person is convicted of an offence under clause (c) of
subsection (1) of section 132- , section 134- or section 185- , the Court
convicting any person of any such offence shall order the disqualification
under sub-section (1), and if the offence is relatable to clause (c) of
subsection (1) of section 132 or section 134, such disqualification shall
be for a period of not less than one month, and if the offence is relatable
to section 185- , such disqualification shall be for a period of not less
than six months.
(3) A Court shall, unless for special reasons to be recorded in writing it
thinks fit to order otherwise, order the disqualification of a person(a) who having been convicted of an offence punishable under section
184 is again convicted of an offence punishable under that section,
(b) who is convicted of an offence punishable under section 189- , or
(c) who is convicted of an offence punishable under section 192- :
Provided
that the period of disqualification shall not exceed, in the case referred to
in
clause (a), five years, or in the case referred to in clause (b), two years or,
in the case referred to in clause (c), one year.
(4) A Court ordering the disqualification of a person convicted of an
offence punishable under section 184- may direct that such person
shall, whether he has previously passed the lest of competence to drive
as referred to in sub-section (3) of section 9- or not, remain disqualified
until he has subsequent to the making of the order of disqualification
passed that test to the satisfaction of the licensing authority.
(5) The Court to which an appeal would ordinarily lie from any conviction
of an offence of the nature specified in sub-section (1) may set aside or
vary any order of disqualification made under that sub-section
notwithstanding that no appeal would lie against the conviction as a
result of which such order of disqualification was made.
SECTION 21: SUSPENSION OF DRIVING LICENCE IN CERTAIN CASES
(1) Where, in relation to a person who had been previously convicted of
an offence punishable under section 184, a case is registered by a police
officer on the allegation that such person has, by such dangerous driving
as is referred to in the said section 184- , of any class or description of
motor vehicle caused the death of, or grievous hurt to, one or more
persons, the driving licence held by such person shall in relation to such
class or description of motor vehicle become suspended(a) for a period of six months from the date on which the case is
registered, or
(b) if such person is discharged or acquitted before the expiry of the
period aforesaid, until such discharge or acquittal, as the case may be.
(2) Where by virtue of the provisions of sub-section (1), the driving
licence held by a person becomes suspended, the police officer, by whom
the case referred to in sub-section (1) is registered, shall bring such
suspension to the notice of the Court competent to take cognizance of
such offence, and thereupon, such Court shall take possession of the
driving licence, endorse the suspension thereon and intimate the fact of
such endorsement to the licensing authority by which the licence was
granted or last renewed.
(3) Where the person referred to in sub-section (1) is acquitted or
discharged, the Court shall cancel the endorsement on such driving
licence with regard to the suspension thereof.
(4) If a driving licence in relation to a particular class or description of
motor vehicles is suspended under sub-section (1), the person holding
such licence shall be debarred from holding or obtaining any licence to
drive such particular class or description of motor vehicles so long as the
suspension of the driving licence remains in force.
SECTION 22: SUSPENSION OR CANCELLATION OF DRIVING LICENCE
ON CONVICTION
Provided that no such licence shall be returned unless the holder thereof
has, after the expiry of the priod of suspension, undergone and passed,
to the satisfaction of the licensing authority by which the licence was
issued or last renewed, a fresh test of competence to drive referred to in
sub-section (3) of section 9 - and produced a medical certificate in the
same form and in the same manner as is referred to in sub-section (3) of
section 8 –
(4) If a licence to drive a particular class or description of motor vehicles
is cancelled or suspended under this section, the person holding such a
licence, shall be debarred from holding, or obtaining, any licence to drive
such particular class or description of motor vehicles so long as the
cancellation or suspension of the driving licence remains in force.
SECTION 23: EFFECT OF DISQUALIFICATION ORDER
(1) A person in respect of whom any disqualification order is made under
section 19- or section 20- shall be debarred to the extent and for the
period specified in such order from holding or obtaining a driving licence
and the driving licence, if any, held by such person at the date of the
order shall cease to be effective to such extent and during such period.
(2) The operation of a disqualification order made under section 20- shall
not be suspended or postponed while an appeal is pending against such
order or against the conviction as a result of which such order is made,
unless the appellate Court so directs.
(3) Any person in respect of whom any disqualification order has been
made may at any time after the expiry of six months from the date of the
order apply to the Court or other authority by which the order was made,
to remove the disqualification; and the Court or authority, as the case
may be, may, having regard to all the circumstances, either cancel or
vary the disqualification order: Provided that where the Court or other
authority refuses to cancel or vary any disqualification order under this
section, a second application thereunder shall not be entertained before
the expiry of a period of three months from the date of such refusal.
SECTION 24: ENDORSEMENT
(1) The Court or authority making an order of disqualification shall
endorse or cause to be endorsed upon the driving licence if any, held by
the person disqualified, particulars of the order of disqualification and of
any conviction of an offence in respect of which an order of
disqualification is made; and particulars of any cancellation or variation
of an order of disqualification made under sub-section (3) of section 23shall be similarly so endorsed.
(2) A Court by which any person is convicted of an offence under this Act
as may be prescribed by the Central Government, having regard to the
objects of this Act, shall, whether or not a disqualification order is made
in respect of such conviction, endorse or cause to be endorsed
particulars at such conviction on any driving licence held by the person
convicted.
(3) Any person accused of an offence prescribed under sub-section (2)
shall when attending the Court bring with him his driving licence if it is
in his possession.
(4) Where any person is convicted of any offence under this Act and
sentenced to imprisonment for a period exceeding three months, the
Court awarding the sentence shall endorse the fact of such sentence
upon the driving licence of the person concerned and the prosecuting
authority shall intimate the fact of such endorsement to the authority by
which the driving licence was granted or last renewed.
(5) When the driving licence is endorsed or caused to be endorsed by any
Court, such Court shall send the particulars of the endorsement to the
licensing authority by which the driving licence was granted or last
renewed.
(6) Where on an appeal against any conviction or order of a Court, which
has been endorsed on a driving licence, the Appellate Court varies or sets
aside the conviction or order, the Appellate Court shall inform the
licensing authority by which the driving licence was granted or last
renewed and such authority shall amend or cause to be amended the
endorsement.
SECTION 25: TRANSFER OF ENDORSEMENT AND ISSUE OF DRIVING
LICENCE FREE FROM ENDORSEMENT
(1) An endorsement on any driving licence shall be transferred to any
new or duplicate driving licence obtained by the holder thereof until the
holder becomes entitled under the provisions of this section to have a
driving licence issued to him free from endorsement.
(2) Where a driving licence is required to be endorsed and the driving
licence is not in the possession of the Court or authority by which the
endorsement is to be made, then(a) if the person in respect of whom the endorsement is to be made is at
the time the holder of a driving licence, he shall produce the driving
licence to the Court or authority within five days, or such longer time as
the Court or authority may fix; or
(b) if, not being then the holder of a driving licence, he subsequently
obtains a driving licence, he shall within five days after obtaining the
driving licence produce it to the Court or authority, and if the driving
licence is not
produced within the lime specified, it shall, on the expiration of such
time, be of no effect until it is produced for the purpose of endorsement.
(3) A person whose driving licence has been endorsed shall, if during a
continuous period of three years after such endorsement no further
endorsement has been made against him, be entitled on surrendering
his driving licence and on payment of a fee of five rupees, to receive a new
driving licence free from all endorsements: Provided that if the
endorsement is only in respect of an offence contravening the speed
limits referred to in section 112, such person shall be entitled to receive a
new driving licence free from such endorsements on the expiration of one
year of the date of the endorsement: Provided further that in reckoning
the said period of three years and one year, respectively, and period
during which the said person was disqualified for holding or obtaining a
driving licence shall be excluded.
SECTION 26: MAINTENANCE OF STATE REGISTERS OF DRIVING
LICENCES
(1) Each State Government shall maintain, in such form as may be
prescribed by the Central Government, a register to be known as the
State Register of Driving Licences, in respect of driving licences issued
and renewed by the licensing authorities of the State Government,
containing the following particulars, namely:(a) names and addresses of holders of driving licences; (b) licence
numbers; (c) dates of issue or renewal of licences; (d) dales of expiry of
licences; (e) classes and types of vehicles authorised to be driven; and
(f) such other particulars as the Central Government may prescribe.
(2) Each State Government shall supply to the Central Government a 16
[printed copy or copy in such other form as the Central Government may
require], of the State Register of Driving Licences and shall inform the
Central Government without delay of all additions to and other
amendments in such register made from lime to time.
(3) The State Register of Driving Licences shall be maintained in such
manner as may be prescribed by the State Government,
SECTION 27: POWER OF CENTRAL GOVERNMENT TO MAKE RULES
-The Central Government may make rules(a) regarding conditions referred to in sub-section (2) of section 3;
(b) providing for the form in which the application for learner's licence
may be made, the information it shall contain and the documents to be
submitted with the application referred to in sub-section (2) of section
8- ;
(c) providing for the form of medical certificate referred to in sub-section
(3) of section 8- ;
(d) providing for the particulars for the test referred to in sub-section (5)
of section 8- ;
(e) providing for the form in which the application for driving licence may
be made, the information it shall contain and the documents to be
submitted with the application referred to in sub-section (2) of section
9- ;
(f) providing for the particulars regarding test of competence to drive,
referred to in sub-section (3) of section 9- ;
(g) specifying the minimum educational qualifications of persons to
whom licences to drive transport vehicles may be issued under this Act
and the time within which such qualifications are to be acquired by such
persons;
(h) providing for the form and contents of the licences referred to in subsection (1) of section 10- ;
(i) providing for the form and contents of the application referred to in
sub-section (1) of section 11- and documents to be submilted with the
application and the fee to be charged;
(j) providing for the conditions subject to which section 9 shall apply to
an application made under section 11(k) providing for the form and contents of the application referred to in
sub-section (1) of section 15- and the documents to accompany such
application under sub-section (2) of section 15- ;
(l) providing for the authority to grant licences under sub-section (1) of
section 18;
(m) specifying the fees payable under sub-section (2) of section 8- ,
subsection
(2) of section 9- and sub-sections (3) and (4) of section 15- for the grant of
learner's licences, and for the grant and renewal of driving licences and
licences for the purpose of regulating the schools or establishments for
imparting instructions in driving motor vehicles;
(n) specifying the acts for the purposes of clause (f) of sub-section (1) of
section 19;
(o) specifying the offences under this Act for the purposes of sub-section
(2) of section 24- ;
(p) to provide for all or any of the mailers referred to in sub-section (1) of
section 26- ;
(q) any other matter which is, or has to be, prescribed by the Central
Government.
SECTION 28: POWER OF STATE GOVERNMENT TO MAKE RULES
(1) A State Government may make rules for the purpose of carrying into
effect the provisions of this Chapter other than the matters specified in
section 27.
(2) Without prejudice to the generality of the foregoing power, such rules
may provide for(a) the appointment, jurisdiction, control and functions of licensing
authorities and other prescribed authorities;
(b) the conduct and hearing of appeals that may be preferred under the
Chapter, the fees to be paid in respect of such appeals and the refund of
such fees : Provided that no fee so fixed shall exceed twenty-five rupees;
(c) the issue of duplicate licences to replace licences lost, destroyed or
mutilated, the replacement of photographs which have become obsolete
and the fees to be charged therefor;
(d) the badges and uniform to be worn by drivers of transport vehicles
and the fees to be paid in respect of badges;
(e) the fee payable for the issue of a medical certificate under sub-section
(3) of section 8- ;
(f) the exemption of prescribed persons, or prescribed classes of persons,
from payment of all or any portion of the fees payable under this
Chapter;
(g) the communication of particulars of licences granted by one licensing
authority to other licensing authorities;
(h) the duties, functions and conduct of such persons to whom licences
to drive transport vehicles are issued;
(i) the exemption of drivers of road-rollers from all or any of the
provisions of this Chapter or of the rules made thereunder;
(j) the manner in which the State Register of Driving Licences shall be
maintained under section 26;
(k) any other matter which is to be, or may be, prescribed.
SECTION 29: NECESSITY FOR CONDUCTOR'S LICENCE
(1) No person shall act as a conductor of a stage carriage unless he holds
an effective conductor's licence issued to him authorising him to act as
such conductor, and no person shall employ or permit any person who is
not so licensed to act as a conductor of a stage carriage.
(2) A State Government may prescribe the conditions subject to which
sub-section (1) shall not apply to a driver of a stage carriage performing
the functions of a conductor or to a person employed to act as a
conductor for a period not exceeding one month.
SECTION 30: GRANT OF CONDUCTOR'S LICENCE
.-(1) Any person who possesses such minimum educational qualification
as may be prescribed by the State Government and is not disqualified
under sub-section (1) of section 31- and who is not for the time being
disqualified for holding or obtaining a conductor's licence may apply to
the licensing authority having jurisdiction in the area in which he
ordinarily resides or carries on business for the issue to him of a
conductor's licence.
(2) Every application under sub-section (1) shall be in such form and
shall contain such information as may be prescribed.
(3) Every application for a conductor's licence shall be accompanied by a
medical certificate in such form as may be prescribed, signed by a
registered medical practitioner and shall also be accompanied by two
clear copies of a recent photograph of the applicant.
(4) A conductor's licence issued under this Chapter shall be in such form
and contain such particulars as may be prescribed and shall be effective
throughout the State in which it is issued.
(5) The fee for a conductor's licence and for each renewal thereof shall be
one-half of that for a driving licence.
SECTION
31:
DISQUALIFICATIONS
CONDUCTOR'S LICENCE
FOR
THE
GRANT
OF
(1) No person under the age of eighteen years shall hold, or be granted, a
conductor's licence.
(2) The licensing authority may refuse to issue a conductor's licence(a) if the applicant does not possess the minimum educational
qualification;
(b) if the medical certificate produced by the applicant discloses that he
is physically unfit to act as a conductor: and
(c) if any previous conductor's licence held by the applicant was revoked.
SECTION 32: REVOCATION OF A CONDUCTOR'S LICENCE ON
GROUNDS OF DISEASE OR DISABILITY
A conductor's licence may at any time be revoked by any licensing
authority if that authority has reasonable grounds to believe that the
bolder of the licence is suffering from any disease or disability which is
likely to render him permanently unfit to hold such a licence and where
the authority revoking a conductor's licence is not the authority which
issued the same, it shall intimate the fact of such revocation to the
authority which issued that licence: Provided that before revoking any
licence, the licensing authority shall give the person holding such licence
a reasonable opportunity of being beard.
SECTION 33: ORDERS REFUSING ETC., CONDUCTOR'S LICENCES
AND APPEALS THEREFROM
(1) Where a licensing authority refuses to issue or renew, or revokes any
conductor's licence, it shall do so by an order communicated to the
applicant or the holder, as the case may be, giving the reasons in writing
for such refusal or revocation.
(2) Any person aggrieved by an order made under sub-section (1) may,
within thirty days of the service on him of the order, appeal to the
prescribed authority which shall decide the appeal after giving such
person and the authority which made the order an opportunity of being
heard and the decision of the appellate authority shall be binding on the
authority which made the order.
SECTION 34: POWER OF LICENSING AUTHORITY TO DISQUALIFY
(1) If any licensing authority is of opinion that it is necessary to disqualify
the holder of a conductor's licence for holding or obtaining such a licence
on account of his previous conduct as a conductor, it may, for reasons to
be recorded, make an order disqualifying that person for a specified
period, not exceeding 'one year, for holding or obtaining a conductor's
licence: Provided that before disqualifying the holder of a licence, the
licensing authority shall give the person holding such licence a
reasonable opportunity of being heard.
(2) Upon the issue of any such order, the holder of the conductor's
licence shall forthwith surrender the licence to the authority making the
order, if the licence has not already been surrendered, and the authority
shall keep the licence until the disqualification has expired or has been
removed.
(3) Where the authority disqualifying the holder of a conductor's licence
under this section is not the authority which issued the licence, it shall
intimate the fact of such disqualification to the authority which issued
the same.
(4) Any person aggrieved by an order made under sub-section (1) may,
within thirty days of the service on him of the order, appeal to the
prescribed authority which shall decide the appeal after giving such
person and the authority which made the order an opportunity of being
heard and the decision of the appellate authority shall be binding on the
authority which made the order.
SECTION 35: POWER OF COURT TO DISQUALIFY
(2) The Court to which an appeal lies from any conviction of an offence
under this Act may set aside or vary any order of disqualification made
by the Court below, and the Court to which appeals ordinarily lie from
such Court, may set aside or vary any order of disqualification made by
that Court, notwithstanding that no appeal lies against the conviction in
connection with which such order was made.
SECTION 36: CERTAIN PROVISIONS OF CHAPTER II TO APPLY TO
CONDUCTOR'S LICENCE
The provisions of sub-section (2) of section 6 - , sections 14 - , 15 - and
23 - , sub-section (1) of section 24 - and section 25 - shall, so far as may
be, apply in relation to a conductor's licence, as they apply in relation to
a driving licence.
SECTION 37: SAVINGS
If any licence to act as a conductor of a stage carriage (by whatever name
called) has been issued in any State and is effective immediately before
the commencement of this Act, it shall continue to be effective,
notwithstanding such commencement, for the period for which it would
have been effective, if this Act had not been passed, arid every such
licence shall be deemed to be a licence issued under this Chapter as if
this Chapter has been in force on the date on which that licence was
granted.
SECTION 38: POWER OF STATE GOVERNMENT TO MAKE RULES
(1) A Stale Government may make rules for the purpose of carrying into
effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules
may provide for(a) the appointment, jurisdiction, control and functions of licensing
authorities and other prescribed authorities under this Chapter;
(b) the conditions subject to which drivers of stage carriages performing
the
functions of a conductor and persons temporarily employed to act as
conductors may be exempted from the provisions of sub-section (1) of
section 29- :
(c) the minimum educational qualifications of conductors; their cuties
and
functions and the conduct of persons to whom conductor's licences arc
issued;
(d) the form of application for conductor's licences or for renewal of such
licences and the particulars it may contain;
(e) the form in which conductor's licences may be issued or renewed and
the particulars it may contain;
(f) the issue of duplicate licences to replace licences lost, destroyed or
mutilated, the replacement of photographs which have become obsolete
and the lees to be charged therefor;
(g) the conduct and hearing of appeals that may be preferred under this
Chapter, the fees to be paid in respect of such appeals and the refund of
such fees: Provided that no fee so fixed shall exceed twenty-five rupees:
(h) the badges and uniform to be worn by conductors of stage callage s
and the fees to be paid in respect of such badges;
(i) the grant of the certificates referred to in sub-section (3) of section 30by registered medical practitioners and the form of such cenificates:
(j) the. conditions subject to which, and the extent to which, a
condactor's licence issued in another Stale shall be effective in the State:
(k) the communication of particulars of conductor's licences from one
authority to other authorities; and
(l) any other matter which is to be, or may be, prescribed.
SECTION 39: NECESSITY FOR REGISTRATION
No person shall drive any motor vehicle and no owner of a motor vehicle
shall cause or permit the vehicle to be driven in any public place or in
any other place unless the vehicle is registered in accordance with this
Chapter and the certificate of registration of the vehicle has not been
suspended or cancelled and the vehicle carries a registration mark
displayed in the prescribed manner: Provided that nothing in this section
shall apply to a motor vehicle in possession of a dealer subject to such
conditions as may be prescribed by the Central Government.
SECTION 40: REGISTRATION, WHERE TO BE MADE
Subject to the provisions of section 42 - , section 43 and section 60 - ,
every owner of a motor vehicle shall cause the vehicle to be registered by
a registering autliority in whose jurisdiction he has the residence or
place of business where the vehicle is normally kept.
SECTION 41: REGISTRATION, HOW TO BE MADE
(1) An application by or on behalf of the owner of a motor vehicle for
registration shall be in such form and shall be accompanied by such
documents, particulars and information and shall be made within such
period as may be prescribed by the Central Government; Provided that
where a motor vehicle is jointly owned by more persons than one, the
application shall be made by one of them on behalf of all the owners and
such applicant shall be deemed to be the owner of the motor vehicle for
the purposes of this Act.
(2) An application referred to in sub-section (1) shall be accompanied by
such fee as may be prescribed by the Central Government.
(3) The registering authority shall issue to the owner of a motor vehicle
registered by it a certificate of registration in such form and containing
such particulars and information and in such manner as may be
prescribed by the Central Government.
(4) In addition to the other particulars required to be included in the
certificate of registration, it shall also specify the type of the motor
vehicle, being a type as the Central Government may, having regard to
the design construction and use of the motor vehicle, by notification in
the Official Gazette, specify.
(5) The registering authority shall enter the particulars of the certificate
referred to in sub-section (3) in a register to be maintained in such form
and manner as may be prescribed by the Central Government.
(6) The registering authority shall assign to the vehicle, for display
thereon, distinguishing mark (in this Act referred to as the registration
mark) consisting of one of the groups of such of those letters and
followed by such letters and figures as are allotted to the State by the
Central Government from time to time by notification in the Official
Gazette, and displayed and shown on the motor vehicle in such form and
in such manner as may be prescribed by the Central Government.
(7) A certificate of registration issued under sub-section (3), whether
before or after the commencement of this Act, in respect of a motor
vehicle, other than a transport vehicle, shall, subject to the provisions
contained in this Act, be valid only for a period of fifteen years from the
date of issue of such certificate and shall be renewable.
(8) An application by or on behalf of the owner of a motor vehicle, other
than a transport vehicle, for the renewal of a certificate of registration
shall be made within such period and in such form containing such
particulars and information as may be prescribed by the Central
Government.
(9) An application referred to in sub-section (8) shall be accompanied by
such fee as may be prescribed by the Central Government.
(10) Subject to the provisions of section 56- , the registering authority
may, on receipt of an application under sub-section (8), renew the
certificate of registration for a period of five years and intimate the fact to
the original registering authority, if it is not the original registering
authority.
(11) If the owner fails to make an application under sub-section (1), or, as
the case may be, under sub-section (8) within the period prescribed, the
registering authority may, having regard to the circumstances of the
case, require the owner to pay, in lieu of any action that may be taken
against him under section 177- , such amount not exceeding one
hundred rupees as may be prescribed under sub-section (13): Provided
that action under section 177- shall be taken against the owner where
the owner fails to pay the said amount.
(12) Where the owner has paid the amount under sub-section (11), no
action shall be taken against him under section 177- .
(13) For the purposes of sub-section (11), the State Government may
prescribe different amounts having regard to the period of delay on the
part of the owner in making an application under sub-section (1) or
subsection (8).
(14) An application for the issue of a duplicate certificate of registration
shall be made to the 17 [last registering authority] in such form,
containing such particulars and information along with such fee as may
be prescribed by the Central Government.
SECTION 42: SPECIAL PROVISION FOR REGISTRATION OF MOTOR
VEHICLES OF DIPLOMATIC OFFICERS, ETC
(1) Where an application for registration of a motor vehicle is made under
sub-section (1) of section 41 by or on behalf of any diplomatic officer or
consular officer, then notwithstanding anything contained in
sub-section (3) or sub-section (6) of that section, the registering
authority shall register the vehicle in such manner and in accordance
with such procedure as may be provided by rules made in this behalf by
the Central Government under sub-section (3) and shall assign to the
vehicle for display thereon a special registration mark in accordance with
the provisions contained in those rules and shall issue a certificate
(hereafter in this section referred to as the certificate of registration) that
the vehicle has been registered under this section; and any vehicle so
registered shall not, so long as it remains the property of any diplomatic
officer or consular officer, require to be registered otherwise under this
Act.
(2) If any vehicle registered under this section ceases to be the property of
any diplomatic officer or consular officer, the certificate of registration
issued under this section shall also cease to be effective, and the
provisions of sections 39- and 40- shall thereupon apply.
(3) The Central Government may make rules for the registration of motor
vehicles belonging to diplomatic officers and consular officers regarding
the procedure to be followed by the registering authority for registering
such vehicles, the form in which the certificates of registration of such
vehicles are to be issued, the manner in which such certificates of
registration are to be sent to the owners of the vehicles and the special
registration marks to be assigned to such vehicles.
(4) For the purposes of this section, "diplomatic officer" or "consular
officer" means any person who is recognised as such by the Central
Government and if any question arises as to whether a person is or is not
such an officer, the decision of the Central Government thereon shall be
final.
SECTION 43: TEMPORARY REGISTRATION
(1) Notwithstanding anything contained in section 40- the owner of a
motor vehicle may apply to any registering authority or other prescribed
authority to have the vehicle temporarily registered in the prescribed
manner and for the issue in the prescribed manner of a temporary
certificate of registration and a temporary registration mark.
(2) A registration made under this section shall be valid only for a period
not exceeding one month, and shall not be renewable: Provided that
where a motor vehicle so registered is a chassis to which a body has not
been attached and the same is detained in a workshop beyond the said
period of one month for being fitted 18 [with a body or any unforeseen
circumstances beyond the control of the owner], the period may, on
payment of such fees, if any, as may be prescribed, be extended by such
further period or periods as the registering authority or other prescribed
authority, as the case may be, may allow.
19 [(3) In a case where the motor vehicle is held under hire-purchase
agreement, lease or hypothecation, the registering authority or other
prescribed authority shall issue a temporary certificate of registration of
such vehicle, which shall incorporate legibly and prominently the full
name and address of the person with whom such agreement has been
entered into by the owner.]
SECTION 44: PRODUCTION OF VEHICLE AT THE TIME OF
REGISTRATION
-The registering authority shall before proceeding to register a motor
vehicle or renew the certificate of registration in respect of a motor
vehicle, other than a transport vehicle, require the person applying for
registration of the vehicle or, as the case may be, for renewing the
certificate of registration to produce the vehicle either before itself or
such authority as the State Government may by order appoint in order
that the registering authority may satisfy itself that the particulars
contained in the application are true and that the vehicle complies with
the requirements of this Act and of the rules made thereunder.
SECTION 45: REFUSAL OF REGISTRATION OR RENEWAL OF THE
CERTIFICATE OF REGISTRATION
-The regis- tering authority may, by order, refuse to register any motor
vehicle, or renew the certificate of registration in respect of a motor
vehicle (other than a transport vehicle), if in either case, the registering
authority has reason to believe that it is a stolen motor vehicle or the
vehicle is mechanically defective or fails to comply with the requirements
of this Act or of the rules made thereunder, or if the applicant fails to
furnish particulars of any previous registration of the vehicle or
furnishes inaccurate particulars in the application for registration of the
vehicle or, as the case may be, for renewal of the certificate or
registration thereof and the registering authority shall furnish the
applicant whose vehicle is refused registration, or whose application for
renewal of the certificate of registration is refused, a copy of such order,
together with the reasons for such refusal.
SECTION 46: EFFECTIVENESS IN INDIA OF REGISTRATION
-Subject to the provisions of section 47 - , a motor vehicle registered in
accordance with this Chapter in any State shall not require to be
registered elsewhere in India and a certificate of registration issued or in
force under this Act in respect of such vehicle shall be effective
throughout India.
SECTION 47: ASSIGNMENT OF NEW REGISTRATION MARK ON
REMOVAL TO ANOTHER STATE
(1) When a motor vehicle registered in one State has been kept in another
State, tor a period exceeding twelve months, the owner of the vehicle
shall, within such period and in such form containing such particulars
as may be prescribed by the Central Government, apply to the
registering authority, within whose jurisdiction the vehicle then is, for
the assignment of a new registration mark and shall present the
certificate of registration to that registering authority: Provided that an
application under this subsection shall be accompanied(i) by the no objection certificate obtained under section 48- , or
(ii) in a case where no such certificate has been obtained, by(a) the receipt obtained under sub-section (2) of section 48- ; or
(b) the postal acknowledgement received by the owner of the vehicle if he
has sent an application in this behalf by registered post
acknowledgement due to the registering authority referred to in section
48- , together with a declaration that he has not received any
communication from such authority refusing to grant such certificate or
requiring him to comply with any direction subject to which such
certificate may be granted: Provided further that, in a case where a motor
vehicle is held under a hire-purchase, lease or hypothecation agreement,
an application under this sub-section shall be accompanied by a no
objection certificate from the person with whom such agreement has
been entered
into, and the provisions of section 51- , so far as may be, regarding
obtaining of such certificate from the person with whom such agreement
has been entered into, shall apply.
(2) The registering authority, to which application is made under
sub-section (1), shall after making such verification, as it thinks fit, of
the returns, if any, received under section 62- , assign the vehicle a
registration mark as specified in subsection (6) of section 41- to be
displayed and shown thereafter on the vehicle and shall enter the mark
upon the certificate of registration before returning it to the applicant
and shall, in communication with the registering authority by whom the
vehicle was previously registered, arrange for the transfer of the
registration of the vehicle from the records of that registering authority to
its own records.
(3) Where a motor vehicle is held under a hire-purchase or lease or
hypothecation agreement, the registering authority shall, after assigning
the vehicle a registration mark under sub-section (2), inform the person
whose name has been specified in the certificate of registration as the
person with whom the registered owner has entered into the
hire-purchase or lease or hypothecation agreement (by sending to such
person a notice by registered post acknowledgement due at the address
of such person entered in the certificate of registration the fact of
assignment of the said registration mark)
(4) A State Government may make roles under section 65- requiring the
owner of a motor vehicle not registered within the State, which is
brought into or is for the time being in the State, to furnish to the
prescribed authority in the State such information with respect to the
motor vehicle and its registration as may be prescribed.
(5) If the owner fails to make an application under sub-section (1) within
the period prescribed, the registering authority may, having regard to the
circumstances of the case, require the owner to pay, in lien of any action
that may be taken against him under section 177- , such amount not
exceeding one hundred rupees as may be prescribed under sub-section
(7): Provided that action under section 177- shall be taken against the
owner where the owner fails to pay the said amount.
(6) Where the owner has paid the amount under sub-section (5), no
action shall be taken against him under section 177- .
(7) For the purposes of sub-section (5), the Slate Government may
prescribe different amounts having regard to the period of delay on the
part of the owner in making an application under sub-section (1).
SECTION 48: NO OBJECTION CERTIFICATE
(1) The owner of a motor vehicle when applying for the assignment of a
new registration mark unde sub-section (1) of section 47- , or where the
transfer of a motor vehicle is to be effected in a State other than the State
of its registration, the transferor of such vehicle when reporting the
transfer under sub-section (1) of section 50- , shall make an application
in such form and in such manner as may be prescribed by the Central
Government to the registering authority by which the vehicle was
registered for the issue of a certificate (hereafter in this section referred
to as the no objection certificate), to the effect that the registering
authority has no objection for assigning a new registration mark to the
vehicle or, as the case may be, for entering the particulars of the transfer
of ownership in the certificate of registration.
(2) The registering authority shall, on receipt of an application under
subsection (l), issue a receipt in such form as may be prescribed by the
Central Government.
(3) On receipt of an application under sub-section (1), the registering
authority may, after making such inquiry and requiring the applicant to
comply with such directions as it deems fit and within thirty days of the
receipt thereof, by order in writing, communicate to the applicant that it
has granted or refused to grant the no objection certificate. Provided that
a registering authority shall not refuse to grant the no objection
certificate unless it has recorded in writing the reasons for doing so and
a copy of the same has been communicated to the applicant.
(4) Where within a period of thirty days referred to in sub-section (3), the
registering authority does not refuse to grant the no objection certificate
or does not communicate the refusal to the applicant, the registering
authority shall be deemed to have granted the no objection certificate,
(5) Before granting or refusing to grant the no objection certificate, the
registering authority shall obtain a report in writing from the police that
no case relating to the theft of the motor vehicle concerned has been
reported or is pending, verify whether all the amounts due to
Government including road tax in respect of that motor vehicle have
been paid and take into account such other factors as may be prescribed
by the Central Government.
20 [(6) The owner of the vehicle shall also inform at the earliest, in
writing, the registering authority about the theft of his vehicle together
with the name of the police station where the theft report was lodged,
and the registering authority shall take into account such report while
disposing of any application for no objection certification, registration,
transfer of ownership or issue of duplicate registration certificate].
SECTION 49: CHANGE OF RESIDENCE OR PLACE OF BUSINESS
(1) If the owner of a motor vehicle ceases to reside or have his place of
business at the address recorded in the certificate of registration of the
vehicle, he shall, within thirty days of any such change of address,
intimate in such form accompanied by such documents as may be
prescribed by the Central Government, his new address, to the
registering authority by which the certificate of registration was issued,
or, if the new address is within the jurisdiction of another registering
authority, to that other registering authority, and shall at the same time
forward the certificate of registration to the registering authority or, as
the case may be, to the other registering authority in order that the new
address may be entered therein.
(2) If the owner of a motor vehicle fails to intimate his new address to the
concerned registering authority within the period specified in
sub-section (1), the registering authority may, having regard to the
circumstances of the case, require the owner to pay, in lieu of any action
that may be taken against him under section 177- , such amount not
exceeding one hundred rupees as may be prescribed under sub-section
(4): Provided that action under section 177 shall be taken against the
owner where he fails to pay the said amount.
(3) Where a person has paid the amount under sub-section (2), no action
shall be taken against him under section 177- .
(4) For the purposes of sub-section (2), a State Government may
prescribe different amounts having regard to the period of delay in
intimating his new address.
(5) On receipt of intimation under sub-section (1), the registering
authority may, after making such verification as it may think fit, cause
the new address to be entered in the certificate of registration.
(6) A registering authority other than the original registering authority
making any such entry shall communicate the altered address to the
original registering authority.
(7) Nothing in sub-section (1) shall apply where the change of the
address recorded in the certificate of registration is due to a temporary
absence not intended to exceed six months in duration or where the
motor vehicle is neither used nor removed from the address recorded in
the certificate of registration.
SECTION 50: TRANSFER OF OWNERSHIP
(1) Where the ownership of any motor vehicle registered under this
Chapter is transferred,(a) the transferor shall,(i) in the case of a vehicle registered within the same State within
fourteen days of the transfer, report the fact of transfer, in such form
with such documents and in such manner, as may be prescribed by the
Central Government to the registering authority
within whose jurisdiction the transfer is to be effected and shall
simultaneously send a copy of the said report to the transferee', and
(ii) in the case of a vehicle registered outside the State, within forty-five
days of the transfer, forward to the registering authority referred to in
sub-clause (i)(A) the no objection certificate obtained under section 48; or
(B) in a case where no such certificate has been obtained,(I) the receipt obtained under sub-section (2) of section 48- ; or
(II) the postal acknowledgement received by the transferee if he has sent
an application in this behalf by registered post acknowledgement due to
the registering authority referred to in section 48, together with a
declaration that he has not received any communication from such
authority refusing to grant such certificate or requiring him to comply
with any direction subject to which such certificate may be granted;
(b) the transferee shall, within thirty days of the transfer, report the
transfer to the registering authority within whose jurisdiction he has the
residence or place of business where the vehicle is normally kept, as the
case may be. and shall forward the certificate of registration to that
registering authority together with the prescribed fee and a copy of the
report received by him from the transferor in older that particulars of the
transfer of ownership may be entered in the certificate of registration.
(2) Where(a) the person in whose name a motor vehicle stands registered dies, or
(b) a motor vehicle has been purchased or acquired at a public auction
conducted by, or on behalf of. Government, the person succeeding to the
possession of the vehicle or, as the case may be, who has purchased or
acquired the motor vehicle, shall make an application for the purpose of
transferring the ownership of the vehicle in his name, to the registering
authority in whose jurisdiction he has the residence or place of business
where the vehicle is normally kept, as the case may be, in such manner,
accompanied with such fee, and within such period as may be
prescribed by the Central Government.
(3) If the transferor or the transferee fails to report to the registering
authority the fact of transfer within the period specified in clause (a) or
clause (b) of sub-section (1), as the case may be, or if the person who is
required to make an application under sub-section (2) (hereafter in this
section referred to as the other person) fails to make such application
within the period prescribed, the registering authority may, having
regard to the circumstances of the case, require the transferor or the
transferee, or the other person, as the case may be, to pay, in lieu of any
action that may be taken against him under section 177- such amount
not exceeding one hundred rupees as may be prescribed under
sub-section (5): Provided that action under section 177- shall be taken
against the transferor or the transferee or the other person, as the case
may be, where he fails to pay the said amount.
(4) Where a person has paid the amount under sub-section (3), no action
shall be taken against him under section 177- .
(5) For the purposes of sub-section (3), a State Government may
prescribe different amounts having regard to the period of delay on the
part of the transferor or the transferee in reporting the fact of transfer of
ownership of the motor vehicle or of the other person in making the
application under subsection (2).
(6) On receipt of a report under sub-section (1), or an application under
sub-section (2), the registering authority may cause the transfer of
ownership to be entered in the certificate of registration.
(7) A registering authority making any such entry shall communicate the
transfer of ownership to the transferor and to the original registering
authority, if it is not the original registering authority.
SECTION 51: SPECIAL PROVISIONS REGARDING MOTOR VEHICLE
SUBJECT TO HIRE PURCHASE AGREEMENT, ETC
(1) Where an application for registration of a motor vehicle which is held
under a hire-purchase, lease or hypothecation agreement (hereafter in
this section referred to as the said agreement) is made, the registering
authority shall make an entry in the certificate of registration regarding
the existence of the said agreement.
(2) Where the ownership of any motor vehicle registered under this
Chapter is transferred and the transferee enters into the said agreement
any person, the 21 [last registering authority] shall, on receipt of an
application in such form as the Central Government may prescribe from
the parties to the said agreement, make an entry as to the existence of
the said agreement in the certificate of registration 22 [and an intimation
in this regard shall be sent to the original registering authority if the last
registering authority is not the original registering authority].
(3) Any entry made under sub-section (1) or sub-section (2). may be
cancelled by the 21 [last registering authority] on proof of the
termination of the said agreement by the parties concerned on an
application being made in such form as the Central Government may
prescribe 22 [and an intimation in this behalf shall be sent to the original
registering authority if the last registering authority is not the original
registering authority].
(4) No entry regarding the transfer of ownership of any motor vehicle
which is held under the said agreement shall be made in the certificate of
registration except with the written consent of the person whose name
has been specified in the certificate of registration as the person with
whom the registered owner has entered into the said agreement.
(5) Where the person whose name has been specified in the certificate of
registration as the person with whom the registered owner has entered
into the said agreement, satisfies the registering authority that he has
taken possesssion of the vehicle 23 [from the registered owner] owing to
the default of the registered owner under the provisions of the said
agreement and that the registered owner refuses to deliver the certificate
of registration or has absconded, such authority may, after giving the
registered owner an opportunity to make such representation as he may
wish to make (by sending to him a notice by registered post
acknowledgement due at his address entered in the certificate of
registration) and notwithstanding that the certificate of registration is
not produced before it, cancel the certificate and issue a fresh certificate
of registration in the name of the person with whom the registered owner
has entered into the said agreement: Provided that a fresh certificate of
registration shall not be issued in respect of a motor vehicle, unless such
person pays the prescribed fee: Provided further that a fresh certificate of
registration issued in respect of a motor vehicle, other than a transport
vehicle, shall be valid only for the remaining period for which the
certificate cancelled under this sub-section would have been in force.
(6) The registered owner shall, before applying to the appropriate
authority, for the renewal of a permit under section 81- or for the issue of
duplicate certificate of registration under sub-section (14) of section 41- ,
or for the assignment of a new registration mark 24 [under section 47- ,
or removal of the vehicle to another State, or at the time of conversion of
the vehicle from one class to another, or for issue of no objection
certificate under section 48- , or for change of residence or place of
business under section 49- , or for the alteration of the vehicle under
section 52- , make an application] to the person with whom the
registered owner has entered into the said agreement, (such person
being hereafter in this section referred to as the financier) for the issue of
a no objection certificate (hereafter in this section referred to as the
certificate).
(7) Within seven days of the receipt of an application under sub-section
(6), the financier may issue, or refuse, for reasons which shall be
recorded in writing communicate to the applicant, to issue, the
certificate applied for, and where the financier fails to issue the
certificate and also fails to communicate the reasons for refusal to issue
the certificate to the applicant within the said period of seven days, the
certificate applied for shall be deemed to have been issued by the
financier.
(8) The registered owner shall, while applying to the appropriate
authority for the renewal of any permit under section 81- , or for the
issue of a duplicate certificate of registration under sub-section (14) of
section 41- , or while applying for assignment of a new registration mark
under section 47- , submit with such application the certificate if any,
obtained under sub-section (7) or, where no such certificate has been
obtained, the communication received from the financier under that
sub-section, or, as the case may be, a declaration that he has not
received any communication from the financier within the period of
seven days specified in that subsection.
(9) On receipt of an application for the renewal of any permit or for the
issue of duplicate certificate of registration or for assignment of a new
registration mark in .respect of a vehicle which is held under the said
agreement, the appropriate authority may, subject to the other
provisions of this Act,(a) in a case where the financier has refused to issue the certificate
applied for after giving the applicant an opportunity of being heard,
either(i) renew or refuse to renew the permit, or
(ii) issue or refuse to issue the duplicate certificate of registration, or
(iii) assign or refuse to assign a new registration mark;
(b) in any other case,(i) renew the permit, or
(ii) issue duplicate certificate of registration, or
(iii) assign a new registration mark.
(10) A registering authority making an entry in the certificate of
registration regarding(a) hire-purchase, lease or hypothecation agreement of a motor vehicle,
or (b) the cancellation under sob-section (3) of an entry, or (c)
recording transfer of ownership of motor vehicle, or (d) any alteration in
a motor vehicle, or (e) suspension or cancellation of registration of a
motor vehicle, or
(f ) change of address, shall communicate 25 [by registered post
acknowledgement due] to the financier that such entry has been made.
26
[(11) A registering authority registering the new vehicle, or
issuing the duplicate certificate of registration or a no objection
certificate or a temporary certificate of registration, or issuing or
renewing, a fitness certificate r substituting entries relating to another
motor vehicle in the permit, shall intimate the financier of such
transaction.
(12) The registering authority where it is not the original registering
authority, when making entry under sub-section (1) or sub-section (2),
or cancelling the said entry under sub-section (3) or issuing the fresh
certificate of registration under subsection (5) shall communicate the
same to the original registering authority.]
SECTION 52: ALTERATION IN MOTOR VEHICLE
29(1) No owner of a motor vehicle shall so alter the vehicle that the
particulars contained in the certificate of registration are at variance
with those originally specified by the manufacturer: Provided that where
the owner of a motor vehicle makes modification of the engine, or any
part thereof, of a vehicle for facilitating its operation by different type of
fuel or source of energy including battery, compressed natural gas, solar
power, liquid petroleum gas or any other fuel or source of energy, by
fitment of a conversion kit, such modification shall be carried out subject
to such conditions as may be prescribed: Provided further that the
Central Government may prescribe specifications, conditions for
approval, retrofitment and other related matters for such conversion
kits: Provided also that the Central Government may grant exemption for
alteration of vehicles in a manner other than specified above, for any
specific purpose.
(2) Notwithstanding anything contained in sub-section (1), a State
Government may, by notification in the Official Gazette, authorise,
subject to such conditions as may be specified in the notification, and
permit any person owning not less than ten transport vehicles to alter
any vehicle owned by him so as to replace the engine thereof with engine
of the same make and type, without the approval of registering authority.
(3) Where any alteration has been made in motor vehicle without the
approval of registering authority or by reason of replacement of its engine
without such approval under sub-section (2), the owner of the vehicle
shall, within fourteen days of the making of the alteration, report the
alteration to the registering authority within whose jurisdiction he
resides and shall forward the certificate of registration to that authority
together with the prescribed fee in order that particulars of registration
may be entered therein.
(4) A registering authority other than the original registering authority
making any such entry shall communicate the details of the entry to the
original registering authority.
(5) Subject to the provisions made under sub-sections (1), (2), (3) and (4),
no person holding a vehicle under a hire-purchase agreement shall make
any alteration to the vehicle except with the written consent of the
registered owner.
Explanation. For the purposes of this section, "alteration" means a
change in the structure of a vehicle which results in a change in its basic
feature.
SECTION 53: SUSPENSION OF REGISTRATION
(1) If any registering authority or other prescribed authority has reason
to believe that any motor vehicle within its jurisdiction(a) is in such a condition that its use in a public place would constitute a
danger to the public, or that it fails to comply with the requirements of
this Act or of the rules made thereunder, or
(b) has been, or is being, used for hire or reward without a valid permit
for being used as such, the authority may, after giving the owner an
opportunity of making any representation he may wish to make (by
sending to the owner a notice by registered post acknowledgement due at
his address entered in the certificate of registration), for reasons to be
recorded in writing, suspend the certificate of registration of the vehicle(i) in any case falling under clause (a), until the defects are rectified to its
satisfaction; and
(ii) in any case falling under clause (b), for a period not exceeding four
months.
(2) An authority other than a registering authority shall when making a
suspension order under sub-section (1), intimate in writing the fact of
such suspension and the reasons therefor to the registering authority
within whose jurisdiction the vehicle is at the lime of the suspension.
(3) Where the registration of a motor vehicle has been suspended under
subsection (1) for a continuous period of not less than one month, the
registering authority, within whose jurisdiction the vehicle was when the
registration was suspended, shall, if it is not the original registering
authority, inform that authority of the suspension.
(4) The owner of a motor vehicle shall, on the demand of a registering
authority or other prescribed authority which has suspended the
certificate of registration of the vehicle under this section, sorrender die
certificate of registration.
(5) A certificate of registration surrendered under sub-section (4) shall be
returned to the owner when the order suspending registration has been
rescinded and not before.
SECTION 54: CANCELLATION OF REGISTRATION SUSPENDED
UNDER SECTION 53
-Where the suspension of registration of a vehicle under section 53 - has
continued without interruption for a period of not less than six months,
the registering authority within whose jurisdiction the vehicle was when
the registration was suspended, may, if it is the original registering
authority, cancel the registration, and if it is not the original registering
authority, shall forward the certificate of registration to that authority
which may cancel the registration.
SECTION 55: CANCELLATION OF REGISTRATION
(1) If a motor vehicle has been destroyed or has been rendered
permanently incapable of use, the owner shall, within fourteen days or
as soon as may be, report the fact to the registering authority within
whose jurisdiction be has the residence or place of business where the
vehicle is normally kept, as the case may be, and shall forward to the
authority the certificate of registration of the vehicle.
(2) The registering authority shall, if it is the original registering
authority, cancel the registration and the certificate of registration, or, if
it is not, shall forward the report and the certificate of' registration to the
original registering authority and that authority shall cancel the
registration.
(3) Any registering authority may order the examination of a motor
vehicle within its jurisdiction by such authority as the State Government
may by order appoint and, if upon such examination and after giving the
owner an opportunity to make any representation he may wish to make
(by sending to the owner a notice by registered post acknowledgement
due at his address entered in the certificate of registration), it is satisfied
that the vehicle is in such a condition that it is incapable of being used or
its use in a public place would constitute a danger to the public and that
it is beyond reasonable repair, may cancel the registration.
(4) If a registering authority is satisfied that a motor vehicle has been
permanently removed out of India, the registering authority shall cancel
the registration.
(5) If a registering authority is satisfied that the registration of a motor
vehicle has been obtained on the basis of documents which were, or by
representation of facts which was, false in any material particular, or the
engine number or the chassis number embossed thereon are different
from such number entered in the certificate of registration, the
registering authority shall after giving the owner an opportunity to make
such representation as he may wish to make (by sending to the owner a
notice by registered post acknowledgement due at his address entered in
the certificate of registration), and for reasons to be recorded in writing,
cancel the registration.
(6) A registering authority cancelling the registration of a motor vehicle
under section 54- or under this section shall communicate such fact in
writing to the owner of the vehicle, and the owner of the vehicle shall
forthwith surrender to that authority the certificate of registration of the
vehicle.
(7) A registering authority making an order of cancellation under section
54- or under this section shall, if it is the original registering authority,
cancel the certificate of registration and the entry relating to the vehicle
in its records, and, if it is not the original registering authority, forward
the certificate of registration to that authority, and that authority shall
cancel the certificate of registration and the entry relating to the motor
vehicle in its records.
(8) The expression "original registering authority" in this section and in
sections 41- , 49- , 50- , 52- , 53- and 54 means the registering authority
in whose records the registration of the vehicle is recorded.
(9) In this section "certificate of registration" includes a certificate of
registration renewed under the provisions of this Act,
SECTION 56: CERTIFICATE OF FITNESS OF TRANSPORT VEHICLES
(1) Subject to the provisions of sections 59- and 60- , a transport vehicle
shall not be deemed to be validly registered for the purposes of section
39- , unless it carries a certificate of fitness in such form containing such
particulars and information as may be prescribed by the Central
Government, issued by the prescribed authority, or by an authorized
testing station mentioned in sub-section (2), to the effect that the vehicle
complies for the time being with all the requirements of this Act and the
rules made thereunder : Provided that where the prescribed authority or
the "authorized testing station" refuses to issue such certificate, it shall
supply the owner of the vehicle with its reasons in writing for such
refusal.
(2) The "authorized testing station" referred to in sub-section (1) means a
vehicle service station or public or private garage which the State
Government, having regard to the experience, training and ability of the
operator of such station or garage and the testing equipment and the
testing personnel therein, may specify in accordance with the rules made
by the Central Government for regulation and control of such stations or
garages.
(3) Subject to the provisions of sub-section (4), certificate of fitness shall
remain effective for such period as may be prescribed by the Central
Government having regard to the objects of this Act.
(4) The prescribed authority may for reasons to be recorded in writing
cancel a certificate of fitness at any time, if satisfied that the vehicle to
which it relates no longer complies with all the requirements of this Act
and the rules made thereunder; and on such cancellation the certificate
of registration of the vehicle and any permit granted in respect of the
vehicle under Chapter V shall be deemed to be suspended until a new
certificate of fitness has been obtained : 30 [Provided that no such
cancellation shall be made by the prescribed authority unless such
prescribed authority holds such technical qualification as may be
prescribed or where the prescribed authority does not hold such
technical qualification on the basis of the report of an officer having such
qualifications.]
(5) A certificate of fitness issued under this Act shall, while it remains
effective be valid throughout India.
SECTION 57: APPEALS
- 31 [ (1) Any person aggrieved by an order of the registering authority
under sections 41- , 42- , 43- , 45- , 47- , 48- , 49- , 50- , 52- , 53- , 55or 56- may, within thirty days of the date on which he has received notice
of such order, appeal against the order to the prescribed authority].
(2) The appellate authority shall give notice of the appeal to the original
authority and after giving an opportunity to the original authority and
the appellant to be heard in the appeal pass such order as it thinks fit.
SECTION 58: SPECIAL PROVISIONS IN REGARD TO TRANSPORT
VEHICLES
(1) The Central Government may, having regard to the number, nature
and size of the tyres attached to the wheels of a transport vehicle (other
than a motorcab), and its make and model and other relevant,
considerations, by notification in the Official Gazette, specify, in relation
to each make and model of a transport vehicle, the 32 [maximum gross
vehicle weight] of such vehicle and the maximum safe axle weight of each
axle of such vehicle.
(2) A registering authority, when registering a transport vehicle, other
than a motorcab, shall enter in the record of registration and shall also
enter in the certificate of registration of the vehicle the following
particulars, namely:(a) the unladen weight of the vehicle;
(b) the number, nature and size of the tyres attached to each wheel;
(c) the gross vehicle weight of the vehicle and the registered axle weights
pertaining to the several axles thereof; and
(d) if the vehicle is used or adapted to be used for the carriage of
passengers
solely or in addition to goods, the number of passengers for whom
accommodation is provided, and the owner of the vehicle shall have the
same particulars exhibited in the prescribed manner on the vehicle.
(3) There shall not be entered in the certificate of registration of any such
vehicle any gross vehicle weight or a registered axle weight of any of the
axles different from that specified in the notification under sub-section
(1) in relation to the make and model of such vehicle and to the number,
nature and size of the tyres attached to its wheels: Provided that where it
appears to the Central Government that heavier weights than those
specified in the notification under sub-section (1) may be permitted in a
particular locality for vehicles of a particular type, the Central
Government may, by order in the Official Gazette direct that the
provisions of this sub-section shall apply with such modifications as
may be specified in the order.
33
(5) In order that the gross vehicle weight entered in the certificate of
registration of a vehicle may be revised in accordance with the provisions
of sub-section (3), the registering authority may require the owner of
transport vehicle in accordance with such. procedure as may be
prescribed to produce the certificate of registration within such time as
may be specified by the registering authority.
SECTION 59: POWER TO FIX THE AGE LIMIT OF MOTOR VEHICLE
(1) The Central Government may, having regard to the public safety,
convenience and objects of this Act, by notification in the Official
Gazette, specify the life of a motor vehicle reckoned from the date of its
manufacture, after the expiry of which the motor vehicle shall not be
deemed to comply with the requirements of this Act and the rules made
thereunder : Provided that the Central Government may specify different
ages for different classes or different types of motor vehicles.
(2) Notwithstanding anything contained in sub-section (1), the Central
Government may, having regard to the purpose of a motor vehicle, such
as, display or use for the purposes of a demonstration in any exhibition,
use for the purposes of technical research or taking part in a vintage car
rally, by notification in the Official Gazette, exempt, by a general or
special order, subject to such conditions as may be specified in such
notification, any class or type of motor vehicle from the operation of
subsection (1) for the purpose to be stated in the notification.
(3) Notwithstanding anything contained in section 56- , no prescribed
authority or authorized testing station shall grant a certificate of fitness
to a motor vehicle in contravention of the provisions of any notification
issued under sub-section (1).
SECTION 60: REGISTRATION OF VEHICLES BELONGING TO THE
CENTRAL GOVERNMENT
(1) Suc:h authority as the Central Government may, by notification in
the Official Gazette, specify, may register any motor vehicle which is the
property or for the time being under the exclusive control of the Central
Government and is used for Government purposes relating to the
defence of the country and unconnected with any commercial enterprise
and any vehicle so registered shall not, so long as it remains the property
or under the exclusive control of the Central Government, require to be
registered otherwise under this Act.
(2) The authority registering a vehicle under sub-section (1) shall assign
a registration mark in accordance with the provisions contained in the
rules made in this behalf by the Central Government and shall issue a
certificate in respect of that vehicle to the effect that such vehicle
complies for the time being with all the requirements of this Act and the
rules made thereunder and that the vehicle has been registered under
this section.
(3) A vehicle registered under this section shall carry the certificate
issued under sub-section (2).
(4) If a vehicle registered under this section ceases to be the property or
under the exclusive control of the Central Government, the provisions of
sections 39- and 40- shall thereupon apply.
(5) The authority registering a vehicle under sub-section (1) shall furnish
to any State Government all such information regarding the general
nature, overall dimensions and axle weights of the vehicle as the State
Government may at any time require.
SECTION 61: APPLICATION OF CHAPTER TO TRAILERS
(1) The provisions of this Chapter shall apply to the registration of
trailers as they apply to the registration of any other motor vehicle.
(2) The registration mark assigned to a trailer shall be displayed in such
manner on the side of the drawing vehicle as may be prescribed by the
Central Government.
(3) No person shall drive a motor vehicle to which a trailer is or trailers
are attached unless the registration mark of the motor vehicle so driven
is displayed on the trailer or on the last trailer in the train, as the case
may be, in such manner as may be prescribed by the Central
Government.
SECTION 62: INFORMATION REGARDING STOLEN AND RECOVERED
MOTOR VEHICLES TO BE FURNISHED BY THE POLICE TO THE STATE
TRANSPORT AUTHORITY
-The State Government may, if it thinks necessary or expedient so to do
in the public interest, direct the submission by the Inspector General of
Police (by whatever designation called) and such other police officers as
the State Government may specify in this behalf, of such returns
containing the information regarding vehicles which have been stolen
and stolen vehicles which have been recovered of which the police are
aware, to the State Transport Authority, and may prescribe the form in
which and the period within which such returns shall be made.
SECTION 63: MAINTENANCE OF STATE REGISTERS OF MOTOR
VEHICLES
(1) Each State Government shall maintain in such form as may be
prescribed by the Central Government a register to be known as the
State Register of Motor Vehicles, in respect of the motor vehicles in that
State, containing the following particulars, namely:(a) registration numbers; (b) years of manufacture; (c) classes and
types;
(d) names and addresses of registered owners; and
(e) such other particulars as may be prescribed by the Central
Government.
(2) Each Stale Government shall supply to the Central Government 34 [if
so desired by it] a printed copy of the State Register of Motor Vehicles
and shall also inform the Central Government without delay of all
additions to and other amendments in such register made from time to
time.
(3) The State Register of Motor Vehicles shall be maintained in such
manner as may be prescribed by the State Government.
SECTION 64: POWER OF CENTRAL GOVERNMENT TO MAKE RULES
-The Central Government may make rules to provide for all or any of the
following matters, namely:(a) the period within which and the form in which an application shall be
made and the documents, particulars and information it shall
accompany under sub-section (1) of section 41- ;
(b) the form in which the certificate of registration shall be made and the
particulars and information it shall contain and the manner in which it
shall be issued under sub-section (3) of section 41- ;
(c) the form and manner in which the particulars of the certificate of
registration shall be entered in the records of the registering authority
under sub-section (5) of section 41- ;
(d) the manner in which and the form in which the registration mark, the
letters and figures and other particulars referred to in sub-section (6) of
section 41- shall be displayed and shown;
(e) the period within which and the form in which the application shall be
made and the particulars and information it shall contain under
subsection (8) of section 41- ;
(f) the form in which the application referred to in sub-section (14) of
section 41- shall be made, the particulars and information it shall
contain and the fee to be charged;
(g) the form in which and the period within which the application referred
to in sub-section (1) of section 47- shall be made and the particulars it
shall contain;
(h) the form in which and the manner in which the application for "No
Objection Certificate" shall be made under sub-section (1) of section 48and the form of receipt to be issued under sub-section (2) of section 48- :
(i) the matters that are to be complied with by an applicant before no
objection certificate may be issued under section 48- ;
(j) the form in which the intimation of change of address shall be made
under sub-section (1) of section 49- and the documents to be submitted
along with the application;
(k) the form in which and the manner in which the intimation of transfer
of ownership shall be made under sub-section (1) of section 50- or under
sub-section (2) of section 50- and the document to be submitted along
with the application;
(l) the form in which the application under sub-section (2) or sub-section
(3) of section 51- shall be made;
(m) the form in which the certificate of fitness shall be issued under
subsection (1) of section 56- and the particulars and information it shall
contain;
(n) the period for which the certificate of fitness granted or renewed
under section 56- shall be effective;
(o) the fees to be charged for the issue or renewal or alteration of
certificates of registration, for making an entry regarding transfer of
ownership on a certificate of registration, for making or cancelling an
endorsement in respect of agreement of hire-purchase or lease or
hypothecation on a certificate of registration, for certificates of fitness for
registration marks, and for the examination or inspection of motor
vehicles, and the refund of such fees.
(p) any other matter which is to be, or may be, prescribed by the Central
Government.
SECTION 65: POWER OF STATE GOVERNMENT TO MAKE ROLES
(1) A State Government may make rules for the purpose of carrying into
effect the provisions of this Chapter other than the matters specified in
section 64- .
(2) Without prejudice to the generality of the foregoing power, such rules
may provide for(a) the conduct and hearing of appeals that may be preferred under this
Chapter (the fees to be paid in respect of such appeals and the refund of
such fees);
(b) the appointment, functions and jurisdiction of registering and other
prescribed authorities;
(c) the exemption of road-rollers, graders and other vehicles designed
and used solely for the construction, repair and cleaning of roads from
all or any of the provisions of this Chapter and the rules made
thereunder and the conditions governing such exemption;
(d) the issue or renewal of certificates of registration and fitness and
duplicates of such certificates to replace the certificates lost, destroyed
or mutilated;
(e) the production of certificates of registration before the registering
authority for the revision of entries therein of particulars relating to the
gross vehicle weight;
(f) the temporary registration of motor vehicles, and the issue of
temporary certificate of registration and marks;
(g) the manna- in which the particulars referred to in sub-section (2) of
section 58- and other prescribed particulars shall be exhibited;
(h) the exemption of prescribed persons or prescribed classes of persons
from payment of all or any portion of the fees payable under this
Chapiter;
(i) the forms, other than those prescribed by the Central Government, to
be used for the purpose of this Chapter,
(j) the communication between registering authorities of particulars of
certificates of registration and by owners of vehicles registered outside
the State of particulars of such vehicles and of their registration;
(k) the amount or amounts under sub-section (13) of section 41- or
sub-section(7) of section 47- or sub-section (4) of section 49- or
sub-section (5) of section 50- ;
(l) the extension of the validity of certificates of fitness pending
consideration of applications for their renewal;
(m) the exemption from the provisions of this Chapter, and the
conditions and fees for exemption, of motor vehicles in the possession of
dealers;
(n) the form in which and the period within which the return under
section 62- shall be sent;
(o) the manner in which the State Register of Motor Vehicles shall be
maintained under section 63- ;
(p) any other matter which is to be or may be prescribed.
SECTION 66: NECESSITY FOR PERMITS
(1) No owner of a motor vehicle shall use or permit the use of the vehicle
as a transport vehicle in any public place whether or not such vehicle is
actually carrying any passengers or goods save in accordance with the
conditions of a permit granted or countersigned by a Regional or State
Transport Authority or any prescribed authority authorising him the use
of the vehicle in that place in the manner in which the vehicle is being
used: Provided that a stage carriage permit shall, subject to any
conditions that may be specified in the permit, authorise the use of the
vehicle as a contract carriage: Provided further that a stage carriage
permit may, subject to any conditions that may be specified in the
permit, authorise the use of the vehicle as a goods carriage either when
carrying passengers or not: Provided also that a goods carriage permit
shall, subject to any conditions that may be specified in the permit,
authorise the holder to use the vehicle tor the carriage of goods for or in
connection with a trade or business carried on by him.
(2) The holder of a goods carriage permit may use the vehicle, for the
drawing of any trailer or semi-trailer not owned by him, subject to such
conditions as may be prescribed: 35 [Provided that the holder of a permit
of any articulated vehicle may use the prime-mover of that articulated
vehicle for any other semi-trailor.]
(3) The provisions of sub-section (1) shall not applyzzz (a)[* * * *]
(b) to any transport vehicle owned by a local authority or by a person
acting
under contract with a local authority and used solely for road cleaning,
road watering or conservance purposes;
(c) to any transport vehicle used solely for police, fire brigade or
ambulance purposes;
(d) to any transport vehicle used solely for the conveyance of corpses and
the mourners accompanying the corpses;
(e) to any transport vehicle used for towing a disabled vehicle or for
removing goods from a disabled vehicle to a place of safety;
(f) to any transport vehicle used for any other public purpose as may be
prescribed by the State Government in this behalf;
(g) to any transport vehicle used by a person who manufactures or deals
in
motor vehicles or builds bodies for attachment to chassis, solely for such
purposes and in accordance with such conditions as the Central
Government may, by notification in the Official Gazette, specify in this
behalf;
37 (i) to any goods vehicle, the gross vehicle weight of which does not
exceed 3,000 kilograms;
(j) subject to such conditions as the Central Government may, by
notification in the Official Gazette, specify, to any transport vehicle
purchased in one State and proceeding to a place, situated in that State
or in any other State, without carrying any passenger or goods;
(k) to any transport vehicle which has been temporarily registered under
section 43- while proceeding empty to any place for the purpose of
registration of the vehicle;
36 [(l) to any motor vehicle which is operated by electric battery,
compressed natural gas or solar energy];
(m) to any transport vehicle which, owing to flood, earthquake or any
other natural calamity, obstruction on road, or unforeseen
circumstances, is required to be diverted through any other route,
whether within or outside the State, with a view to enabling it to reach its
destination;
(n) to any transport vehicle used for such purposes as the Central or
Slate Government may, by order, specify;
(o) to any transport vehicle which is subject to a hire-purchase, lease or
hypothecation agreement and which owing to the default of the owner
has been taken possession, of by or on behalf of the person with whom
the
owner has entered into such agreement, to enable such motor vehicle to
reach its destination; or
(p) to any transport vehicle while proceeding empty to any place for
purpose of repair.
(4) Subject to the provisions of sub-section (3), sub-section (1) shall, if
the State Government by rule made under section 96- so prescribes
apply to any motor vehicle adapted to carry more than nine persons
excluding the driver.
SECTION 67: POWER TO STATE GOVERNMENT TO CONTROL ROAD
TRANSPORT
(1) A State Government, having regard to(a) the advantages offered to the public, trade and industry by the
development of motor transport,
(b) the desirability of co-ordinating road and rail transport,
(c) the desirability of preventing the deterioration of the road system; and
(d) the desirability of preventing uneconomic competition among holders
of permits, may, from lime to time, by notification in the Official Gazette,
issue directions both to the State Transport Authority and Regional
Transport Authority(i) regarding the fixing of fares and freights (including the maximum and
minimum in
respect thereof) for stage carriages, contract carriages and goods
carriages: zza [* * * *]
(ii) regarding the prohibition or restriction, subject to such conditions as
may be specified
in the directions, of the conveying of long distance goods traffic generally,
or of specified classes of goods by goods carriages;
(iii) regarding any other matter which may appear to the State
Government necessary or expedient for giving effect to any agreement
entered into with the Central Government or any other State
Government or the Government of any other country relating to the
regulation of motor transport generally, and in particular to its
co-ordination with other means of transpart and the conveying of long
distance goods traffic: Provided that no such notification in respect of the
matters referred to in clause (ii) or clause (iii) shall be issued unless a
draft of the proposed directions is published in the Official Gazette
specifying therein a date being not less than one month after such
publication, on or after which the draft will be taken into consideration
and any objection or suggestion which
may be received has, in consultation with the State Transport Authority,
been considered after giving the representatives of the interests affected
an opportunity of being beard.
(2) Any direction under sub-section(1) regarding the fixing of fares and
freights for stage carriages, contract carriages and goods carriages may
provide that such fares or freights shall be inclusive of the tax payable by
the passengers or the consignors of the goods, as the case may be, to the
operators of the stage carriages, contract carriages or goods carriages
under any law for the time being in force relating to tax on passengers
and goods.
SECTION 68: TRANSPORT AUTHORITIES
(1) The State Government shall by notification in the Official Gazette,
constitute for the State a State Transport Authority to exercise and
discharge the powers and functions specified in sub-section (3), and
shall in like manner constitute Regional Transport Authorities to
exercise and discharge throughout such areas (in this Chapter referred
to as regions) as may be specified in the notification in respect of each
Regional Transport Authority; the powers and functions conferred by or
under this Chapter on such Authorities: Provided that in the Union
Territories, the Administrator may abstain from constituting any
Regional Transport Authority.
(2) A State Transport Authority or a Regional Transport Authority shall
consist of a Chairman who has had judicial experience or experience as
an appellate or a revisional authority or as an adjudicating authority
competent to pass any order or take any decision under any law and in
the case of a State Transport Authority, such other persons (whether
officials or not), not being more than four and, in the case of a Regional
Transport Authority, such other persons (whether officials or not), not
being more than two, as the State Government may think fit to appoint;
but no person who has any financial interest whether as proprietor,
employee or otherwise in any transport undertaking shall be appointed,
or continue to be, a member of a State or Regional Transport Authority,
and, if any person being a member of any such Authority acquires a
financial interest in any transport undertaking, he shall within four
weeks of so doing, give notice in writing to the State Government of the
acquisition of such interest and shall vacate office: Provided that nothing
in this sub-section shall prevent any of the members of the State
Transport Authority or a Regional Transport Authority, as the case may
be, to preside over a meeting of such Authority during the absence of the
Chairman, notwithstanding that such member does not possess judicial
experience or experience as an appellate or a revisional authority or as
an adjudicating authority competent to pass any order or take any
decision under any law: Provided further that the State Government
may,(i) where it considers necessary or expedient so to do, constitute the
State Transport Authority or a Regional Transport Authority for any
region so as to consist of only one member who shall be an official with
judicial experience or experience as an appellate or a revisional authority
or as an adjudicating authority competent to pass any order or take any
decision under any law;
(ii) by rules made in this behalf, provide for the transaction of business of
such authorities in the absence of the Chairman or any other member
and specify the circumstances under which, and the manner in which,
such business could be so transacted: Provided also that nothing in this
subsection shall be construed as debarring an official (other than an
official connected directly with the management or operation of a
transport undertaking) from being appointed or continuing as a member
of any such authority merely by reason of the fact that the Government
employing the official has, or acquires, any financial interest in a
transport undertaking.
(3) The State Transport Authority and every Regional Transport
Authority shall give effect to any directions issued under section 67- and
the State Transport Authority shall, subject to such directions and save
as otherwise provided by or under this Act, exercise and discharge
throughout the State the following powers and functions, namely:(a) to co-ordinate and regulate the activities and policies of the Regional
Transport Authorities, if any, of the State;
(b) to perform the duties of a Regional Transport Authority where there is
no such Authority and, if it thinks fit or if so required by a Regional
Transport Authority, to perform those duties in respect of any route
common to two or more regions;
(c) to settle all disputes and decide all matters on which differences of
opinion arise between Regional Transport Authorities;
38 [(ca) Government to formulate routes for plying stage carriages; and]
(d) to discharge such other functions as may be prescribed.
(4) For the purpose of exercising and discharging the powers and
functions specified in sub-section (3), a State Transport Authority may,
subject to such conditions as may be prescribed, issue directions to any
Regional Transport Authority, and the Regional Transport Authority
shall, in the discharge of its functions under this Act, give effect to and
be guided by such directions.
(5) The State Transport Authority and any Regional Transport Authority,
if authorised in this behalf by rules made under section 96- , may
delegate such of its powers and functions to such authority or person
subject to such restrictions, limitations and conditions as may be
prescribed by the said rules.
SECTION 69: GENERAL PROVISION AS TO APPLICATIONS FOR
PERMITS
(1) Every application for a permit shall be made to the Regional
Transport Authority of the region in which it is proposed to use the
vehicle or vehicles: Provided that if it is proposed to use the vehicle or
vehicles in two or more regions lying within the same State, the
application shall be made to the Regional Transport Authority of the
region in which the major portion of the proposed route or area lies, and
in case the portion of the proposed route or area in each of the regions is
approximately equal, to the Regional Transport Authority of the region in
which it is proposed to keep the vehicle or vehicles: Provided further that
if it is proposed to use the vehicle or vehicles in two or more regions lying
in different States, the application shall be made to the Regional
Transport Authority of the region in which the applicant resides or has
his principal place of business.
(2) Notwithstanding anything contained in sub-section (1), the State
Government may, by notification in the Official Gazette, direct that in the
case of any vehicle or vehicles proposed to be used in two or mure
regions lying in different States, the application under that sub-section
shall be made to the State Transport Authority of the region in which the
applicant resides or has his principal place of business.
SECTION 70: APPLICATION FOR STAGE CARRIAGE PERMIT
(1) An application for a permit in respect of a stage carriage (in this
Chapter referred to as a stage carriage permit) or as a reserve stage
carriage shall, as far as may be, contain the following particulars,
namely:(a) the route or routes or the area or areas to which the application
relates;
(b) the type and sealing capacity of each such vehicle;
(c) the minimum and maximum number of daily trips proposed to be
provided and the time-table of the normal trips
(d) the number of vehicles intended to be kept in reserve to maintain the
service and to provide for special occasions;
(e) the arrangements intended to be made for the housing, maintenance
and
repair of the vehicles, for the comfort and convenience of passengers and
for the storage and safe custody of luggage;
(f) such other matters as may be prescribed.
(2) An application referred to in sub-section (1) shall be accompanied by
such documents as may be prescribed.
SECTION 71: PROCEDURE OF REGIONAL TRANSPORT AUTHORITY IN
CONSIDERING APPLICATION FOR STAGE CARRIAGE PERMIT
(1) A Regional Transport Authority shall, while considering an
application for a stage carriage permit, have regard to the objects of this
Act. 39 [x x x]
(2) A Regional Transport Authority shall refuse to grant a stage carriage
permit if it appears from any time-table furnished that the provisions of
this Act relating lo the speed at which vehicles may be driven are likely to
be contravened: Provided that before such refusal an opportunity shall
be given to the applicant to amend the time-table so as to conform to the
said provisions.
(3) (a) The State Government shall, if so directed by the Central
Government having regard to the number of vehicles, road conditions
and other relevant matters, by notification in the Official Gazette, direct
a State Transport Authority and a Regional Transport Authority to limit
the number of stage carriages generally or of any specified type, as may
be fixed and specified in the notification, operating on city routes in
towns with a population of not less than five lakhs.
(b) Where the number of stage carriages are fixed under clause (a), the
Government of the State shall reserve in the State certain percentage of
stage carriage permits for the scheduled castes and the, scheduled tribes
in the same ratio as in the case of appointments made by direct
recruitment to public services in the State.
(c) Where the number of stage carriages are fixed under clause (a), the
Regional Transport Authority shall reserve such number of permits for
the scheduled castes and the scheduled tribes as may be fixed by the
State Government under sub-clause (b).
(d) After reserving such number of permits as is referred to in clause (c),
the Regional Transport Authority shall in considering an application
have regard to the following matters, namely:(i) financial stability of the applicant;
(ii) satisfactory performance as a stage carriage operator including
payment of tax if the applicant is or has been an operator of stage
carriage service; and
(iii) such other matters as may be prescribed by the State Government:
Provided that, other conditions being equal, preference shall be given to
applications for permits from(i) State transport undertakings;
(ii) co-operative societies registered or deemed to have been registered
under any enactment for the time being in force; 40 [x x x]
(iii) ex-servicemen; 41 [or]
41 [(iv) any other class or category of persons, as the State Government
may, for reasons to be recorded in writing, consider necessary]. 42 [ x x x]
SECTION 72: GRANT OF STAGE CARRIAGE PERMIT
(1) Subject to the provisions of section 71- , a Regional Transport
Authority' may, on an application made to it under section. 70- , grant a
stage carriage permit in accordance with the application or with such
modifications as it deems fit or refuse to grant such a permit: Provided
that no such permit shall be granted in respect of any route or area not
specified in the application.
(2) The Regional Transport Authority, if it decides to grant a stage
carriage permit, may grant the permit for a stage carriage of a specified
description and may, subject lo any rules that may be made under this
Act, attach to the permit any one or more of the following conditions,
namely:(i) that the vehicles shall be used only in a specified area, or on a
specified route or routes;
(ii) that the operation of the stage carriage shall be commenced with
effect from a specified date;
(iii) the minimum and maximum number of daily trips to be provided in
relation to any route or area generally or on specified days and
occasions;
(iv) that copies of the time-table of the stage carriage approved by the
Regional Transport Authority shall be exhibited on the vehicles and at
specified stands and halts on the route or within the area;
(v) that the stage carriage shall be operated within such margins of
deviation from the approved time-table as the Regional Transport
Authority may from time to time specify;
(vi) that within municipal limits and such other areas and places as may
be prescribed, passengers or goods shall not be taken up or set down
except at specified points;
(vii) the maximum number of passengers and the maximum weight of
luggage that may be carried on the sage carnage, either generally or on
specified occasions or at specified times awl seasons:
(viii) the weight and nature of passengers' luggage that shall be carried
free of charge, the total weight of luggage that may be carried in relation
to each passenger, and the arrangements that shall be made for the
carriage of luggage without causing inconvenience to passengers;
(ix) the rate of charge that may be levied for passengers' luggage in excess
of the free allowance:
(x) that vehicles of a specified type fitted with body conforming to
approved specifications shall be used: Provided that the attachment of
this condition to a permit shall not prevent the continued use, for a
period of two years from the date of publication of the approved
specifications, of any vehicle operating on that date;
(xi) that specified standards of comfort and cleanliness shall be
maintained in the vehicles;
(xii) the conditions subject to which goods may be carried in the stage
carriage in addition to or to the exclusion of passengers;
(xiii) that fares shall be charged in accordance with the approved fare
table;
(xiv) that a copy of or extract from the fare table approved by the Regional
Transport Authority and particulars of any special fares or rates of fares
so approved tor particular occasions shall be exhibited on the stage
carriage and at specified stands and halts;
(xv) that tickets bearing specified particulars shall be issued to
passengers and shall show the fares actually charged and that records of
tickets issued shall be kepi in a specified manner;
(xvi) that mails shall be carried on the vehicle subject to such conditions
(including conditions as to the time in which mails are to be carried and
the charges which may be levied) as may be specified:
(xvii) the vehicles to be kept as reserve by the holder of the permit to
maintain the operation and to provide for special occasions;
(xviii) the conditions subject to which vehicle may be used as a contract
carriage;
(xix) that specified arrangements shall be made for the housing,
maintenance and repair of vehicle;
(xx) that any specified bus station or shelter maintained by Government
or a local authority shall be used and that any specified rent or fee shall
be paid for such use;
(xxi) that the conditions of the permit shall not be departed from, save
with the approval of the Regional Transport Authority;
(xxii) that the Regional Transport Authority may, after giving notice of
not less than one month,(a) vary the conditions of the permit;
(b) attach to the permit further conditions: Provided that the conditions
specified in pursuance of clause (i) shall not be varied so as to alter the
distance covered by the original route by more than 24 kilometres, and
any variation within such limits shall be made only after the Regional
Transport Authority is satisfied that such variation will serve the
convenience of the public and that it is not expedient to grant a separate
permit in respect of the original route as so varied or any part thereof;
(xxiii) that the holder of a permit shall furnish to the Regional Transport
Authority such periodical returns, statistics and other information as
the State Government may from time to time prescribe;
(xxiv) any other conditions which may be prescribed.
SECTION 73: APPLICATION FOR CONTRACT CARRIAGE PERMIT
-An application for a permit in respect of a contract carriage (in this
Chapter referred to as a contract carriage permit) shall contain the
following particulars, namely:(a) the type and seating capacity of the vehicle; (b) the area for which
the permit is required; (c) any other particulars which may be
prescribed.
SECTION 74: GRANT OF CONTRACT CARRIAGE PERMIT
(1) Subject to the provisions of sub-section (3), a Regional Transport
Authority may, on an application made to it under section 73- , grant a
contract carriage permit in accordance with the application or with such
modifications as it deems fit or refuse to grant such a permit: Provided
that no such permit shall be granted in respect of any area not specified
in the application.
(2) The Regional Transport Authority, if it decides to grant a contract
carriage permit, may, subject to any rules that may be made under this
Act, attach to the permit any one or more of the following conditions,
namely:-
(i) that the vehicles shall be used only in a specified area or on a specified
route or routes;
(ii) that except in accordance with specified conditions, no contract of
hiring, other than an extension or modification of a subsisting contract,
may be entered into outside the specified area;
(iii) the maximum number of passengers and the maximum weight of
luggage that may be carried on the vehicles, either generally or on
specified occasions or at specified times and seasons;
(iv) the conditions subject to which goods may be carried in any contract
carriage in addition to, or to the exclusion of. passengers;
(v) that, in the case of motorcabs, specified fares or rates of fares shall be
charged and a copy of the fare table shall be exhibited on the vehicle;
(vi) that, in the case of vehicles other than motorcabs, specified rates of
hiring not exceeding specified maximum: shall be charged;
(vii) that in the case of motorcabs, a specified weight of passengers'
luggage shall be carried free of charge, and that the charge, if any, for
any luggage in excess thereof shall be at a specified rate;
(viii) that, in the case of motorcabs, a taximeter shall be fitted and
maintained in proper working order, if prescribed;
(ix) that the Regional Transport Authority may, after giving notice of not
less than one month,- (a) vary the conditions of the permit; (b) attach to
the permit further conditions;
(x) that the conditions of permit shall not be departed from save with the
approval of the Regional Transport Authority;
(xi) that specified standards of comfort and cleanliness shall be
maintained in the vehicles;
(xii) that, except in the circumstances of exceptional nature, the plying of
the vehicle or carrying of the passengers shall not be refused;
(xiii) any other conditions which may be prescribed.
(3) (a) The State Government shall, if so directed by the Central
Government, having regard to the number of vehicles, road conditions
and other relevant matters, by notification in the Official Gazette, direct
a State Transport Authority and a Regional Transport Authority to limit
the number of contract carriages generally or of any specified type, as
may be fixed and specified in the notification, operating on city routes in
towns with a population of not less than Five lakhs.
(b) Where the number of contract carriages are fixed under clause (a), the
Regional Transport Authority shall, in considering an application for the
grant of permit in respect of any such contract carriage, have regard to
the following matters, namely:(i) financial stability of the applicant;
(ii) satisfactory performance as a contract carriage operator including
payment of tax if the applicant is or has been an operator of contract
carriages; and
(iii) such other matters as may be prescribed by the State Government:
Provided that, other conditions being equal, preference shall be given to
applications for permits from(i) the India Tourism Development Corporation; (ii) State Tourism
Development Corporations; (iii) State Tourism Departments; (iv) State
transport undertakings;
(v) co-operative societies registered or deemed to have been registered
under any enactment for the time being in force;
(vi) ex-servicemen,
SECTION 75: SCHEME FOR RENTING OF MOTOR CABS
(1) The Central Government may, by notification in the Official Gazette,
make a scheme for the purpose of regulating the business of renting of
43 [motorcabs or motor cycles to persons desiring to drive either by
themselves or through drivers, motorcabs or motor cycles] for their own
use and for matters connected therewith.
(2) A scheme made under sub-section (1) may provide for all or any of the
following matters, namely:(a) licensing of operators under the scheme including grant, renewal and
revocation of such licences;
(b) form of application and form of licences and the particulars to be
contained therein;
(c) fee to be paid with the application for such licences;
(d) the authorities to which the application shall be made;
(e) condition subject to which such licences may be granted, renewed or
revoked;
(f) appeals against orders of refusal to grant or renew such licences and
appeals against orders revoking such licences;
(g) conditions subject to which motorcabs may be rented;
(h) maintenance of records and inspection of such records;
(i) such other matters as may be necessary to carry out the purposes of
this section.
SECTION 76: APPLICATION FOR PRIVATE SERVICE VEHICLE PERMIT
(1) A Regional Transport Authority may, on an application made to it,
grant a private service vehicle permit in accordance with the application
or with such modification as it deems fit or refuse to grant such permit:
Provided that no such permit shall be granted in respect of any area or
route not specified in the application.
(2} An application for a permit to use a motor vehicle as a private service
vehicle shall contain the following particulars, namely:(a) type and seating capacity of the vehicle;
(b) the area or the route or routes to which the application relates;
(c) the manner in which it is claimed that the purpose of carrying
persons
otherwise than for hire or reward or in connection with the trade or
business carried on by the applicant will be served by the vehicle; and
(d) any other particulars which may be prescribed.
(3) The Regional Transport Authority if it decides to grant the permit
may, subject to any rules that may be made under this Act, attach to the
permit any one or more of the following conditions, namely:(i) that the vehicle be used only in a specified area or on a specified route
or routes;
(ii) the maximum number of persons and the maximum weight of
luggage that may be carried;
(iii) that the Regional Transport Authority may, after giving notice of not
less than one month(a) vary the conditions of the permit;
(b) attach to the permit further conditions;
(iv) that the conditions of permit shall not be departed from, save with
the approval of the Regional Transport Authority;
(v) that specified standards of comforts and cleanliness shall be
maintained in the vehicle;
(vi) that the holder of the permit shall furnish to the Regional Transport
Authority such periodical returns, statistics and other information as
the State Government may, from time to time, specify; and
(vii) such other conditions as may be prescribed.
SECTION 77: APPLICATION FOR GOODS CARRIAGE PERMIT
-An application for a permit to use a motor vehicle for the carriage of
goods for hire or reward or for the carriage of goods for or in connection
with a trade or business carried on by the applicant (in this Chapter
referred to as a goods carriage permit) shall, as far as may be, contain the
following particulars, namely:(a) the area or the route or routes to which the application relates; (b)
the type and capacity of the vehicle; (c) the nature of the goods it is
proposed to carry;
(d) the arrangements intended to be made for the housing, maintenance
and repair of the vehicle and for the storage and safe custody of the
goods;
(e) such particulars as the Regional Transport Authority may require
with respect to any business as a carrier of goods for hire or reward
carried on by the applicant at any time before the making of the
application, and of the rates charged by the applicant;
(f) particulars of any agreement, or arrangement, affecting in any
material respect the provision within the region of the Regional
Transport Authority of facilities for the transport of goods for hire or
reward, entered into by the applicant with any other person by whom
such facilities are provided, whether within or without the region;
(g) any other particulars which may be prescribed.
SECTION 78: CONSIDERATION OF APPLICATION FOR GOODS
CARRIAGE PERMIT
-A Regional Transport Authority shall, in considering an application for a
goods carriage permit, have regard to the following matters, namely:(a) the nature of the goods to be carried with special reference to their
dangerous or hazardous nature to human life;
(b) the nature of the chemicals or explosives to be carried with special
reference to the safety to human life.
SECTION 79: GRANT OF GOODS CARRIAGE PERMIT
(1) A Regional Transport Authority may, on an application made to it
under section 77- , grant a goods carriage permit to be valid throughout
the State or in accordance with the application or with such
modifications as it deems fit or refuse to grant such a permit: Provided
that no such permit shall be granted in respect of any area or route not
specified in the application.
(2) The Regional Transport Authority, if it decides to grant a goods
carriage permit, may grant the permit and may, subject to any rules that
may be made under this Act, attach to the permit any one or more of the
following conditions, namely:(i) that the vehicle shall be used only in a specified area or on a specified
route or routes;
(ii) that the gross vehicle weight of any vehicle used shall not exceed a
specified maximum;
(iii) that goods of a specified nature shall not be carried;
(iv) that goods shall be carried at specified rates;
(v) that specified arrangement shall be made for the housing,
maintenance
and repair of the vehicle and the storage and safe custody of the goods
carried;
(vi) that the holder of the permit shall furnish to the Regional Transport
Authority such periodical returns, statistics and other information as
the State Government may, from time to time, prescribe;
(vii) that the Regional Transport Authority may, after giving notice of not
less than one month,(a) vary the conditions of the permit;
(b) attach to the permit further conditions;
(viii) that the conditions of the permit shall not be departed from, save
with the approval of the Regional Transport Authority;
(ix) any other conditions which may be prescribed.
(3) The conditions referred to in sub-section (2) may include conditions
relating to the packaging and carriage of goods of dangerous or
hazardous nature to human life.
SECTION 80: PROCEDURE IN APPLYING FOR AND GRANTING
PERMITS
(1) An application for a permit of any kind maybe made at any time.
(2) A 44 [Regional Transport Authority, State Transport Authority or any
prescribed authority referred to in sub-section (1) of section 66- ] shall
not ordinarily refuse to grant an application for permit of any kind made
at any time under this Act: Provided that the 44 [Regional Transport
Authority, State Transport Authority or any prescribed authority
referred to in sub-section (1) of section 66- ] may summarily refuse the
application if the grant of any permit in accordance with the application
would have the effect of increasing the number of stage carriages as fixed
and specified in a notification in the Official Gazette under clause (a) of
sub-section (3) of section 71- or of contract carriages as fixed and
specified in a notification in the Official Gazette under clause (a) of
subsection (3) of section 74- : Provided further that where a 45 [Regional
Transport Authority, State Transport Authority or any prescribed
authority referred to in sub-section (1) of section 66- ] refuses an
application for the giant of a permit of any land under this Act, it shall
give to the applicant in writing its reasons for the refusal of the same and
an opportunity of being heard in the matter.
(3) An application to vary the conditions of any permit, other than a
temporary permit, by the inclusion of a new route or routes or a new area
or by altering the route or routes or area covered by it, or in the case of a
stage carriage permit by increasing the number of trips above the
specified maximum or by the variation, extension or curtailment of the
route or routes or the area specified in the permit shall be treated as an
application for the grant of a new permit: Provided that it shall not be
necessary so to treat an application made by the holder of stage carriage
permit who provides the only service on any route to increase the
frequency of the service so provided without any increase in the number
of vehicles: Provided further that,(i) in the case of variation, the termini shall not be altered and the
distance covered by the variation shall not exceed twenty-four
kilometres;
(ii) in the case of extension, the distance covered by extension shall not
exceed twenty-four kilometres from the termini, and any such variation
or extension within such limits shall be made only after the transport
authority is satisfied that such variation will serve the convenience of the
public and that
it is not expedient to grant a separate permit in respect of the original
route as so varied or extended or any pan thereof.
(4) A 45 [Regional Transport Authority, Stale Transport Authority or any
prescribed authority referred to in sub-section (1) of section 66- ] may,
before such date as may be specified by it in this behalf, replace any
permit granted by it before the said date by a fresh permit conforming to
the provisions of section 72- or section 74- or section 76- or section 79- ,
as the case may be, and the fresh permit shall be valid for the same route
or routes or the same area for which the replaced permit was valid:
Provided that no condition other than a condition which was already
attached lo the replaced permit or which could have been attached
thereto under the law in force when that permit was granted shall be
attached to the fresh permit except with the consent in writing of the
holder of the permit.
(5) Notwithstanding anything contained in section 81- , a permit issued
under the provisions of sub-section (4) shall be effective without renewal
for the remainder of the period during which the replaced permit would
have been so effective. of the period of six weeks from the date of the
application. An application; which does not mention the date, is still an
application which complies with the requirements of section 80- (2); Tarn
Singh v. S.T.A. Tribunal. An application, which is presented under
subsection, or sub-section (2), of section 80- , is required to be
published. However, no time has been prescribed, for the publication of
the application under sec. 80(3).
(ii) Grievances, by some applicants for permits to the effect that they
were not being supplied with copies of applications of competing
applicants and were, therefore, not able to make any representations or
petitions praying for an early disposal of their own applications are not
"representations" within the meaning of section 80- (3) and non-supply
of copies of such petitions to
applicants does not prejudice them: Sudhansha Sekhar v. Regional
Transport Authority.
(iii) Section 80- , gives power to the Regional Transport Authority to
consider the respective claims of the various applicants. It can, in
making a selection, look into the comparative merits of the claimants
and prefer some of the applicants to others. Its power is confined to make
a selection out of the applicants who have already applied for the grant of
permits. It cannot say that there are no proper applicants at all and,
consequently, all the applications are rejected and the applications will
be invited afresh following the procedure, laid down under section 80- .
Its power is confined to make a selection and, in that connection, to
consider the case of each applicant on its own merits. It has no power to
refuse to make a selection out of the various applicants; Narendra
Kumar Das v. Appellate Board.
SECTION 81: DURATION AND RENEWAL OF PERMITS
(1) A permit other than a temporary permit issued under section 87- or a
special permit issued under sub-section (8) of section 88- shall be
effective [from the date of issuance or renewal thereof] for a period of five
years: Provided that where the permit is countersigned under subsection
(1) of section 88- , such countersignature shall remain effective without
renewal for such period so as to synchronise with the validity of the
primary permit.
(2) A permit may be renewed on an application made not less than fifteen
days before the date of its expiry.
(3) Notwithstanding anything contained in sub-section (2), the Regional
Transport Authority or the State Transport Authority as the case may be,
entertain an application for the renewal of a permit after the last date
specified in that sub-section if it is satisfied that the applicant was
prevented by good and sufficient cause from making an application
within the time specified.
(4) The Regional Transport Authority or the State Transport Authority, as
the case may be, may reject an application for the renewal of a permit on
one or more of the following grounds, namely:(a) the financial condition of the applicant as evidenced by insolvency, or
decrees for payment of debts remaining unsatisfied for a period of thirty
days, prior lo the date of consideration of the application;
(b) the applicant had been punished twice or more for any of the
following offences within twelve months reckoned from fifteen days prior
to the date
of consideration of the application committed as a result of the operation
of a stage carriage service by the applicant, namely:(i) plying any vehicle(1) without payment of tax due on such vehicle;
(2) without payment of tax during the grace period allowed for payment
of such tax and then stop the plying of such vehicle;
(3) on any unauthorised route;
(ii) making unathorised trips: Provided that in computing the number of
punishments for the purpose of clause (b), any punishment stayed by
the older of an appellate authority shall not be taken into account:
Provided further that no application under this subsection shall be
rejected unless an opportunity of being heard is given to the applicant.
(5) Where a permit has been renewed under this section after the expiry
of the period thereof, such renewal shall have effect from the date of such
expiry irrespective of whether or not a temporary permit has been
granted under clause (d) of section 87- , and where a temporary permit
has been granted, the fee paid in respect of such temporary permit shall
be refunded.
SECTION 82: TRANSFER OF PERMIT
(1) Save as provided in sub-section (2), a permit shall not be transferable
from one person to another except with the permission of the transport
authority which granted the permit and shall not, without such
permission, operate to confer on any person to whom a vehicle covered
by the permit is transferred any right to use that vehicle in the manner
authorised by the permit.
(2) Where the holder of a permit dies, the person succeeding to the
possession of the vehicle covered by the permit may, for a period of three
months, use die permit as if it had been granted to himself: Provided that
such person has, within thirty days of the death of the holder, informed
the transport authority which granted the permit of the death of the
holder and of his own intention to use the permit: Provided further that
no permit shall be so used after the date on which it would have ceased
to be effective without renewal in the hands of the deceased holder.
(3) The transport authority may, on application made to it within three
months of the death of the holder of a permit, transfer the permit to the
person succeeding to the possession of the vehicles covered by the
permit: Provided that the Transport Authority may entertain an
application made after the expiry of the said period of three months if it is
satisfied that the applicant was prevented by good and sufficient cause
from making an application within the time specified.
SECTION 83: REPLACEMENT OF VEHICLES
-The holder of a permit may, with the permission of the authority by
which the permit was granted, replace any vehicle covered by the permit
by any other vehicle of the same nature.
SECTION 84: GENERAL CONDITIONS ATTACHING TO ALL PERMITS
-The following shall be conditions of every permit(a) that the vehicle to which the permit relates carries valid certificate of
fitness issued under section 56- and is at all times so maintained as to
comply with the requirements of this Act and the rules made thereunder;
(b) that the vehicle to which the permit relates is not driven at a speed
exceeding the speed permitted under this Act:
(c) that any prohibition or restriction imposed any fares or freight fixed
by notification made under section 67- are observed in connection with
the vehicle to which the permit relates;
(d) that the vehicle to which the permit relates is not driven in
contravention of the provisions of section 5- or section 113- ;
(e) that the provisions of this Act limiting the hours of work of drivers are
observed in connection with any vehicle or vehicles to which the permit
relates;
(f) that the provisions of Chapters X, XI, and XII so far as they apply to
the holder of the permit are observed; and
(g) that the name and address of the operator shall be painted or
otherwise firmly affixed to every vehicle to which the permit relates on
the exterior of the body of that vehicle on both sides thereof in a colour or
colours vividly contrasting to the colour of the vehicle centered as high as
practicable below the window line in bold letters.
SECTION 85: GENERAL FORM OF PERMITS
-Every permit issued under this Act shall be complete in itself and shall
contain all the necessary particulars of the permit and the conditions
attached thereto.
SECTION 86: CANCELLATION AND SUSPENSION OF PERMITS
(1) The transport authority which granted a permit may cancel the
permit or may suspend it for such period as it thinks tit(a) on the breach of any condition specified in section 84- or of any
condition contained in the permit, or
(b) if the holder of the permit uses or causes or allows a vehicle to be used
in any manner not authorised by the permit, or
(c) if the holder of the permit ceases to own the vehicle covered by the
permit, or
{d) if the holder of the permit has obtained the permit by fraud or
misrepresentation, or
(e) if the holder of the goods carriage permit, fails without reasonable
cause, to use the vehicle for the purposes for which the permit was
granted, or
(f) if the holder of the permit acquires the citizenship of any foreign
country:
Provided that no permit shall be suspended or cancelled unless an
opportunity has been given to the holder of the permit to furnish his
explanation.
(2) The Transport Authority may exercise the powers conferred on it
under sub-section (1) in relation to a permit granted by any authority or
person to whom power in this behalf has been delegated under
subsection (5) of section 68- as if the said permit was a permit granted by
the Transport Authority.
(3) Where a Transport Authority cancels or suspends a permit, it shall
give to the holder in writing its reasons for the action taken.
(4) The powers exercisable under sub-section (1) (other than the power to
cancel a permit) by the Transport Authority which granted the permit
may be exercised by any authority or person to whom such powers have
been delegated under sub-section (5) of section 68- .
(5) Where a permit is liable to be cancelled or suspended under clause (a)
or clause (b) or clause (e) of sub-section (1) and the Transport Authority
is of opinion that having regard to the circumstances of the case, it would
not be necessary or expedient so to cancel or suspend the permit if the
holder of the permit agrees to pay a certain sum of money, then
notwithstanding anything contained in sub-section (1), the Transport
Authority may, instead of cancelling or suspending the permit, as the
case may be, recover from the holder of the permit the sum of money
agreed upon.
(6) The powers exercisable by the Transport Authority under sub-section
(5) may, where an appeal has been preferred under section 89- , be
exercised also by the appellate authority.
(7) In relation to a permit referred to in sub-section (9) of section 88- , the
powers exercisable under sub-section (1) (other than the power to cancel
a permit) by the Transport Authority which granted the permit, may be
exercised by any Transport Authority and any authority or persons to
whom power in this behalf has been delegated under sub-section (5) of
section 68- , as if the said permit was a permit granted by any such
authority or persons.
SECTION 87: TEMPORARY PERMITS
(1) A Regional Transport Authority and the State Transport Authority
may without following the procedure laid down in section 80- , grant
permits, to be effective for a limited period which shall, not in any case
exceed four months, to authorise the use of a transport vehicle
temporarily(a) for the conveyance of passengers on special occasions such as to and
from fairs and religious gatherings, or
(b) for the purposes of a seasonal business, or
(c) to meet a particular temporary need, or
(d) pending decision on an application for the renewal of a permit, and
may attach to any such permit such condition as it may think fit:
Provided that a Regional Transport Authority or, as the case may be.
State Transport Authority may, in the case of goods carriages, under the
circumstances of an exceptional nature, and for reasons to be recorded
in writing, grant a permit for a period exceeding four months, but not
exceeding one year.
(2) Notwithstanding anything contained in sub-section (1), a temporary
permit may be granted thereunder in respect of any route or area where(i) no permit could be issued under section 72- or section 74- or section
76- or section 79- in respect of that route or area by reason of an order of
a Court or other competent authority restraining the issue of the same,
for a period not exceeding the period for which the issue of the permit
has been so restrained; or
(ii) as a result of the suspension by a Court or other competent authority
of the permit of any vehicle in respect of that route or area, there is no
transport vehicle of the same class with a valid permit in respect of that
route or area, or there is no adequate number of such vehicles in respect
of that route or area, for a period not exceeding the period of such
suspension : Provided that the number of transport vehicles in respect of
which temporary permits are so granted shall not exceed the number of
vehicles in respect of which
the issue of the permits have been restrained or, as the ease may be, the
permit has been suspended.
SECTION 88: VALIDATION OF PERMITS FOR USE OUTSIDE REGION IN
WHICH GRANTED
(1) Except as may be otherwise prescribed, a permit granted by the
Regional Transport Authority of any one region shall not be valid in any
other region, unless the permit has been countersigned by the Regional
Transport Authority of that other region, and a permit granted in any one
State shall not be valid in any other State unless countersigned by the
State Transport Authority of that other State or by the Regional
Transport Authority concerned Provided that a goods carnage permit,
granted by the Regional Transport Authority of any one region, for any
area in any other region or regions within the same State, shall be valid
in that area without the countersignature of the Regional Transport
Authority of the other region or of each of the other regions concerned:
Provided further that where both the starting point and the terminal
point of a route are situate within the same State, but part of such route
lies in any other State and the length of such part does not exceed
sixteen kilometres, the permit shall be valid in the other State in respect
of that part of the route which is in that other State notwithstanding that
such permit has not been countersigned by the State Transport
Authority or the Regional Transport Authority of that other State:
Provided also that(a) where a motor vehicle covered by a permit granted in one State is to
be used for the purposes of defence in any other State, such vehicle shall
display a certificate, in such form, and issued by such Authority, as the
Central Government may, by notification in the Official Gazette, specify,
to the effect that the vehicle shall be used for the period specified therein
exclusively for the purposes of defence; and
(b) any such permit shall be valid in that other State notwithstanding
that
such permit has not been countersigned by the State Transport
Authority or the Regional Transport Authority of that other State.
(2) Notwithstanding anything contained in sub-section (1), a permit
granted or countersigned by a State Transport Authority shall be valid in
the whole State or in such regions within the State as may be specified in
the permit.
(3) A Regional Transport Authority when countersigning the permit may
attach to the permit any condition which it might have imposed if it had
granted the permit and may likewise vary any condition attached to the
permit by the authority by which the permit was granted.
(4) The provisions of this Chapter relating to the grant, revocation and
suspension of permits shall apply to the grant, revocation and
suspension of countersignatures of permits: Provided that it shall not be
necessary to follow the procedure laid down in section 80- for the grant
of countersignatures of permits, where the permits granted in any one
State are required to be countersigned by the State Transport Authority
of another State or by the Regional Transport Authority concerned as a
result of any agreement arrived at between the States after complying
with the requirements of sub-section (5).
(5) Every proposal to enter into an agreement between the States to fix
the number of permits which is proposed to be granted or countersigned
in respect of each route or area, shall be published by each of the State
Governments concerned in the Official Gazette and in any one or more of
the newspapers in regional language circulating in the area or route
proposed to be covered by the agreement together with a notice of the
date before which representations in connection therewith may be
submitted, and the date not being less than thirty days from the date of
publication in the Official Gazette, on which, and the authority by which,
and the lime and place at which, the proposal and any representation
received in connection therewith will be considered.
(6) Every agreement arrived at between the States shall, in so far as it
relates to the grant of countersignature of permits, be published by each
of the State Governments concerned in the Official Gazette and in any
one or more of the newspapers in the regional language circulating in the
area or route covered by the agreement and the State Transport
Authority of the State and the Regional Transport Authority concerned
shall give effect to it.
(7) Notwithstanding anything contained in sub-section (1), a Regional
Transport Authority of one region may issue a temporary permit under
section 87- to be valid in another region or State with the concurrence,
given generally or for the particular occasion, of the Regional Transport
Authority of that other region or of the State Transport Authority of that
other State, as the case may be.
(8) Notwithstanding anything contained in sub-section (1), but subject to
any rules that may be made under this Act by the Central Government,
the Regional Transport Authority of any one region or, as the case may
be, the State Transport Authority, may, for the convenience of the public,
47 [grant a special permit to any public service vehicle including any
vehicle covered] by a permit issued under section 72- (including a
reserve stage carriage) or under section 74- or under sub-section (9) of
this section for carrying a passenger or passengers for hire or reward
under a contract, express or implied, for the use of the vehicle as a whole
without stopping to pick up or set down along the line of route
passengers not included in the contract, and in every case where such
special permit is granted, the Regional Transport Authority shall assign
to the vehicle, for display thereon, a special distinguishing mark in the
form and manner specified by the Central Government and such special
permit shall be valid in any other region or State without the
countersignature of the Regional Transport Authority of the other region
or of the State Transport Authority of the other State, as the case may be.
(9) Notwithstanding anything contained in sub-section (1) but subject to
any rules that may be made by the Central Government under
sub-section (14), any Slate Transport Authority may, for the purpose of
promoting tourism, grant permits in respect of tourist vehicles valid for
the whole of India, or in such contiguous States not being less than three
in number including the State in which the permit is issued as may be
specified in such permit in accordance with the choice indicated in the
application and the provisions of sections 73- , 74- , 80- , 81- , 82- , 83- ,
84- , 85- , 8648 [clause (d) of sub-section (1) of section 87- and section 89- ] shall, as
far as may be, apply in relation to such permits. 49 [ x x x]
(11) The following shall be conditions of every permit granted under
subsection (9). namely:(i) every motor vehicle in respect of which such permit is granted shall
conform lo such description, requirement regarding the seating capacity,
standards of comforts, amenities and other matters, as the Central
Government may specify in this behalf;
(ii) every such motor vehicle shall be driven by a person having such
qualifications and satisfying such conditions as may be specified by the
Central Government; and
(iii) such other conditions as may be prescribed by the Central
Government.
(12) Notwithstanding anything contained in sub-section (1), but, subject
to the rules that may be made by the Central Government under
subsection (14), the appropriate authority may, for the purpose of
encouraging long distance inter-State road transport, grant in a State,
national permits in respect of goods carriages and the provisions of
sections 69- , 77- , 79- , 80- , 81- , 82- , 83- , 84- , 85- , 86- , 50 [clause
(d) of sub-section (1) of section 87- and section 89- ] shall, as far as may
be, apply to or in relation to the grant of national permits. 51 [ x x x]
(14) (a) The Central Government may make rules for carrying out the
provisions of this section.
(b) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:-
(i) the authorisation fee payable for the issue of a permit referred to in
sub-sections (9) and (12);
(ii) the fixation of the laden weight of the motor vehicle;
(iii) the distinguishing particulars or marks to be carried or exhibited in
or on the motor vehicle:
(iv) the colour or colours in which the motor vehicle is to be painted;
(v) such other matters as the appropriate authority shall consider in
granting a national permit. Explanation-In this section,(a) "appropriate authority", in relation to a national permit, means the
authority which is authorised under this Act to grant a goods carriage
permit;
(b) "authorisation fee" means the annual fee, not exceeding one thousand
rupees, which may be charged by the appropriate authority of a State to
enable a motor vehicle, covered by the permit referred to in sub-sections
(9) and (12) to be used in other Stales subject to the payment of taxes or
fees, if any, levied by the States concerned;
(c) "national permit" means a permit granted by the appropriate
authority to goods carriages to operate throughout the territory of India
or in such contiguous Slates not being less than four in number,
including the State in which the permit is issued as may be specified in
such permit in accordance with the choice indicated in the application.
SECTION 89: APPEALS
(1) Any person(a) aggrieved by the refusal of the State or a Regional Transport Authority
to grant a permit, or by any condition attached to a permit granted to
him, or
(b) aggrieved by the revocation or suspension of the permit or by any
variation of the conditions thereof, or
(c) aggrieved by the refusal to transfer the permit under section 82- , or
(d) aggrieved by the refusal of the State or a Regional Transport Authority
to countersign a permit, or by any condition attached to such
countersignature, or
(e) aggrieved by the refusal of renewal of a permit, or
(f) aggrieved by the refusal to grant permission under section 83- , or
(g) aggrieved by any other order which may be prescribed, may, within
the prescribed time and in the prescribed manner, appeal to the State
Transport Appellate Tribunal constituted under sub-section (2), who
shall, after giving such person and the original authority an opportunity
of being heard, give a decision thereon which shall be final.
52 [(2) The State Government shall constitute such number of Transport
Appellate Tribunals as it thinks fit and each such Tribunal shall consist
of a judicial officer who is not below the rank of a District Judge or who is
qualified to be a Judge of the High Court and it shall exercise jurisdiction
within such area as may be notified by that Government.]
(3) Notwithstanding anything contained in sub-section (1) or sub-section
(2), every appeal pending at the commencement of this Act, shall
continue to be proceeded with and disposed of as if this Act had not been
passed.
SECTION 90: REVISION
-The State Transport Appellate Tribunal may, on an application made to
it, call for the record of any case in which an order has been made by a
State Transport Authority or Regional Transport Authority against which
no appeal lies, and if it appears to the State Transport Appellate Tribunal
that the order made by the State Transport Authority or Regional
Transport Authority is improper or illegal, the State Transport Appellate
Tribunal may pass such order in relation to the case as it deems fit and
every such order shall be final: Provided that the State Transport
Appellate Tribunal shall not entertain any application from a person
aggrieved by an order of a State Transport Authority or Regional
Transport Authority, unless the application is made within thirty days
from the date of the order: Provided further that the State Transport
Appellate Tribunal may entertain the application after the expiry of the
said period of thirty days, if it is satisfied that the applicant was
prevented by good and sufficient cause from making the application in
time: Provided also that the State Transport Appellate Tribunal shall not
pass an order under this section prejudicial to any person without giving
him a reasonable opportunity of being heard.
SECTION 91: RESTRICTION OF HOURS OF WORK OF DRIVERS
53[(1) The hours of work of any person engaged for operating a transport
vehicle shall be such as provided in the Motor Transport Workers Act,
1961 (27 of 1961)].
(2) A State Government may, by notification in the Official Gazette, grant
such exemptions from the provisions of sub-section (1) as it thinks fit, to
meet cases of emergency or of delays by reason of circumstances which
could not be foreseen.
(3) A State Government or, if authorised in this behalf by the State
Government by rules made under section 96- , the State or a Regional
Transport Authority may require persons employing any person whose
work is subject to any of the provisions of sub-section (1) to fix
beforehand the hours of work of such persons so as to conform to those
provisions, and may provide for the recording of the hours so fixed.
(4) No person shall work or shall cause or allow any other person to work
outside the hours fixed or recorded for the work of such persons under
sub-section (3).
(5) A State Government may prescribe the circumstances under which
and the period during which the driver of a vehicle although not engaged
in work is required to remain on or near the vehicle may be deemed to be
an interval for rest within the meaning of sub-section (1).
SECTION 92: VOIDANCE OF CONTRACTS RESTRICTIVE OF LIABILITY
-Any contract for the conveyance of a passenger in a stage carriage or
contract carriage, in respect of which a permit has been issued under
this Chapter, shall, so far as it purports to negative or restrict the
liability of any person in respect of any claim made against that person in
respect of the death of, or bodily injury to, the passenger while being
carried in, entering or alighting from the vehicle, or purports to impose
any conditions with respect to the enforcement of any such liability, be
void.
SECTION 93: AGENT OR CANVASSER TO OBTAIN LICENCE
(1) No person shall engage himself(i) as an agent or a canvasser, in the sale of tickets for travel by public
service vehicles or in otherwise soliciting customers for such vehicles, or
(ii) as an agent in the business of collecting, forwarding or distributing
goods carried by goods carriages, unless he has obtained a licence from
such authority and subject to such conditions as may be prescribed by
the State Government.
(2) The conditions referred to in sub-section (1) may include all or any of
the following matters, namely:(a) the period for which a licence may be granted or renewed; (b) the fee
payable for the issue or renewal of the licence; (c) the deposit of
security(i) of a sum not exceeding rupees fifty thousand in the case of an agent in
the business of collecting, forwarding or distributing goods carried by
goods carriages:
(ii) of a sum not exceeding rupees five thousand in the case of any other
agent or canvasser, and the circumstances under which the security
may be forfeited;
(d) the provision by the agent of insurance of goods in transit;
(e) the authority by which and the circumstances under which the
licence may be suspended or revoked;
(f) such other conditions as may be prescribed by the State Government.
(3) It shall be a condition of every licence that no agent or canvasser to
whom the licence is granted shall advertise in any newspaper, book, list,
classified directory or other publication unless there is contained in such
advertisement appearing in such newspaper, book, list, classified
directory or other publication the licence number, the date of expiry of
licence and the particulars of the authority which granted the licence.
SECTION 94: BAR ON JURISDICTION OF CIVIL COURTS
-No Civil Court shall have jurisdiction to entertain any question relating
to the grant of a permit under this Act, and no injunction in respect of
any action taken or to be taken by the duly constituted authorities under
this Act with regard to the grant of a permit, shall be entertained by any
Civil Court.
SECTION 95: POWER OF STATE GOVERNMENT TO MAKE RULES AS
TO STAGE CARRIAGES AND CONTRACT CARRIAGES
(1) A State Government may make rules to regulate, in respect of stage
carriages and contract carriages and the conduct of passengers in such
vehicles.
(2) Without prejudice to the generality of the foregoing provision, such
rules may(a) authorise the removal from such vehicle of any person contravening
the
rules by the driver or conductor of the vehicle, or, on the request of the
driver or conductor, or any passenger, by any police officer;
(b) require a passenger who is reasonably suspected by the driver or
conductor of contravening the rules to give his name and address to a
police officer or to the driver or conductor on demand;
(c) require a passenger to declare, if so demanded by the driver or
conductor, the journey he intends to take or has taken in the vehicle and
to
pay the fare for the whole of such journey and to accept any ticket issued
therefor;
(d) require, on demand being made for the purpose by the driver or
conductor or other person authorised by the owners of the vehicle,
production during the journey and surrender at the end of the journey
by the holder thereof of any ticket issued to him;
(e) require a passenger, if so requester by the driver or conductor, to
leave the vehicle on the completion of the journey the fare for which he
has paid;
(f) require the surrender by the bolder thereof on the expiry of the period
for which it is issued of a ticket issued to him:
(g ) require a passenger to abstain from doing anything which is likely to
obstruct or interfere with the working of the vehicle or to cause damage
to
any part of die vehicle or its equipment or to cause injury or discomfort
to any other passenger,
(h) require a passenger not to smoke in any vehicle on which a notice
prohibiting smoking is exhibited;
(i) require the maintenance of complaint books in stage carriages and
prescribe the conditions under which passengers can record any
complaints in the same.
SECTION 96: POWER OF STATE GOVERNMENT TO MAKE RULES FOR
THE PURPOSES OF THIS CHAPTER
(1) A State Government may make rules for the purpose of carrying into
effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, rules
under this section may be made with respect to all or any of the following
matters, namely:(i)the period of appointment and the terms of appointment of and the
conduct of business by Regional and State Transport Authorities and the
reports lo be furnished by them;
(ii) the conduct of business by any such authority in the absence of any
member (including the Chairman) thereof and the nature of business
which, the circumstances under which and the manner in which,
business could be so conducted;
(iii) The conduct and hearing of appeals that may be preferred under this
Chapter, the fees to be paid in respect of such appeals and the refund of
such fees;
(iv) the forms to be used for the purposes of this Chapter, including the
forms of permits;
(v) the issue of copies of permits in place of permits lost, destroyed or
mutilated;
(vi) the documents, plates and marks to be carried by transport vehicles,
the manner in which they are to be carried and the languages in which
any such documents are to be expressed;
(vii) the fees to be paid in respect of applications for permits, duplicate
permits and plates;
(viii) the exemption of prescribed persons or prescribed classes of
persons from payment of all or any or any portion of the fees payable
under this Chapter;
(ix) the custody, production and cancellation on revocation or expiration
of permits, and the return of permits which have been cancelled;
(x) the conditions subject to which, and the extent to which, a permit
granted in another State shall be valid in the State without
countersignature;
(xi) the conditions subject to which, and the extent to which, a permit
granted in one region shall be valid in another region within the State
without countersignature;
(xii) the conditions to be attached to permits for the purpose of giving
effect
to any agreement such as is referred to in clause (iii) of sub-section (1) of
section 67- ;
(xiii) the authorities to whom, the time within which and the manner in
which appeals may be made;
(xiv) the construction and fittings of, and the equipment to be carried by,
stage and contract carriages, whether generally or in specified areas:
(xv) the determination of the number of passengers a stage or contract
carriage is adapted to carry and the number which may be carried;
(xvi) the conditions subject to which goods may be carried on stage and
contract carriages partly or wholly in lieu of passengers;
(xvii) the safe custody and disposal of property left in a stage or contract
carriage;
(xviii) regulating the painting or marking of transport vehicles and the
display of advertising matter thereon, and in particular prohibiting the
painting or marking of transport vehicles in such colour or manner as to
induce any person to believe that the vehicle is used for the transport of
mails; (xix) the conveyance in stage or contract carriages of corpses or
persons suffering from any infectious or contagious disease or goods
likely to cause discomfort or injuriy to passengers and the inspection
and disinfection of such carriages; if used for such purposes:
(xx) the provision of taxi meters on motorcabs requiring approval or
standard types of taxi meters to be used and examining testing and
sealing taxi meters;
(xxi) prohibiting the picking up or setting down of passengers by stage or
contract carriages at specified places or in specified areas or at places
other than duly notified stands or halting places and requiring the driver
of a stage carriage to stop and remain stationary for a reasonable time
when so required by a passenger desiring to board or alight from the
vehicle at a notified halting place;
(xxii) the requirerments which shall be complied with in the construction
or use of any duly notified stand or halting place, including the provision
of adequate equipment and facilities for the convenience of all users
thereof; the fees, if any, which may be charged for the use of such
facilities, the records which shall be maintained at such stands or
places, the staff to be employed thereat, and the duties and conduct of
such staff, and generally for maintaining such stands and places in a
serviceable and clean condition;
(xxiii) the regulation of motorcab ranks;
(xxiv) requiring the owners of transport vehicles to notify any change of
address or to report the failure of or damage to any vehicle used for the
conveyance of passengers for hire or reward;
(xxv) authorising specified persons to enter at all reasonable times and
inspect all premises used by permit holders for the purposes of their
business;
(xxvi) requiring the person in charge of a stage carnage to carry any
person tendering the legal or customary fare;
(xxvii) the conditions under which and the types of containers or vehicles
in which animals or birds may be carried and the seasons during which
animals or birds may or may not be carried;
(xxviii) the licensing of and the regulation of the conduct of agents or
canvassers who engage in the sale of tickets for travel by public service
vehicles or otherwise solicit customers for such vehicles;
(xxix) the licensing of agents engaged in the business of collecting for
forwarding and distributing goods carried by goods carriages;
(xxx) the inspection of transport vehicles and their contents and of the
permits relating to them;
(xxxi) the carriage of persons other than the driver in goods carriages;
(xxxii) the records to be maintained and the returns to be furnished by
the owners of transport vehicles; and
(xxxiii) any other matter which is to be or may be prescribed.
SECTION 97: DEFINITION
-In this Chapter, unless the context otherwise requires, "road transport
service" means a service of motor vehicles carrying passengers or goods
or both by road for hire or reward.
SECTION 98: CHAPTER TO OVERRIDE CHAPTER V AND OTHER LAWS
-The provisions of this Chapter and the rules and orders made
thereunder shall have effect notwithstanding anything inconsistent
therewith contained in Chapter V or in any other law for the time being in
force or in any instrument having effect by virtue of any such law.
SECTION 99: PREPARATION AND PUBLICATION OF PROPOSAL
REGARDING ROAD TRANSPORT SERVICE OF A STATE TRANSPORT
UNDERTAKING
54 [(1) Where any State Government is of opinion that for the purpose of
providing an efficient, adequate, economical and properly co-ordinated
road transport service, it is necessary in the public interest that road
transport services in general or any particular class of such service in
relation to any area or route or portion thereof should be run and
operated by the State transport undertaking, whether to the exclusion,
complete or partial, of other persons or otherwise, the State Government
may formulate a proposal regarding a scheme giving particulars of the
nature of the services proposed to be rendered, the area or route
proposed to be covered and other relevant particulars respecting thereto
and shall publish such proposal in the Official Gazette of the State
formulating such proposal and in not less than one newspaper in the
regional language circulating in the area or route proposed to be covered
by such scheme and also in such other manner as the State Government
formulating such proposal deem fit.
55 [(2) Notwithstanding anything contained in sub-section (1), when a
proposal is published under that sub-section, then from the date of
publication of such proposal; no permit shall be granted to any person,
except a temporary permit during the pendency of the proposal and such
temporary permit shall be valid only for a period of one year from the
date of its issue or till the date of final publication of the scheme under
section 100- , whichever is earlier.]
SECTION 100: OBJECTION TO THE PROPOSAL
(1) On the publication of any proposal regarding a scheme in the Official
Gazette and in not less than one newspaper in the regional language
circulating in the area or route which is to be covered by such proposal
any person may, within thirty days from the dale of its publication in the
Official Gazette, file objections to it before the Stale Government.
(2) The Stale Government may, after considering the objections and after
giving an opportunity to the objector or his representatives and the
representatives of the Slate transport undertaking to be heard in the
matter, if they so desire, approve or modify such proposal.
(3) The scheme relating to the proposal as approved or modified under
sub-section (2) shall then be published in the Official Gazette by the
Stale Government making such scheme and in not less than one
newspaper in the regional language circulating in the area or route
covered by such scheme and the same shall thereupon become final on
the date of its publication in the Official Gazette and shall be called the
approved scheme and the area or route to which it relates shall be called
the notified area or notified route: Provided that no such scheme which
relates to any inter-State route shall be deemed to be an approved
scheme unless it has the previous approval of the Central Government.
(4) Notwithstanding anything contained in this section, where a scheme
is not published as an approved scheme under sub-section (3) in the
Official Gazette within a period of one year from the date of publication of
the proposal regarding the scheme in the Official Gazette under
sub-section
(1), the proposal shall be deemed to have lapsed.
SECTION 101: OPERATION OF ADDITIONAL SERVICES BY A STATE
TRANSPORT UNDERTAKING IN CERTAIN CIRCUMSTANCES
-Notwithstanding anything contained in section 87 - , a State transport
undertaking may, in the public interest operate additional services for
the conveyance of the passengers on special occasions such as to and
from fairs and religious gatherings: Provided that the State transport
undertaking shall inform about the operation of such additional services
to the concernced Transport Authority without delay.
SECTION 102: CANCELLATION OR MODIFICATION OF SCHEME
(1) The State Government may, at any time, if it considers necessary, in
the public interest so to do, modify any approved scheme after giving(i) the State transport undertaking: and
(ii) any other person who, in the opinion of the State Government, is
likely to
be affected by the proposed modification, an opportunity of being heard
in respect of the proposed modification.
(2) The State Government shall publish any modification proposed under
sub-section (1) in the Official Gazette and in one of the newspapers in the
regional languages circulating in the area in which it is proposed to be
covered by such modification, together with the date, not being less than
thirty days from such publication in the Official Gazette, and the time
and place at which any representation received in this behalf will be
heard by the State Government.
SECTION 103: ISSUE OF PERMITS TO STATE TRANSPORT
UNDERTAKINGS
(1) Where, in pursuance of an approved scheme, any State transport
undertaking applies in such manner as may be prescribed by the State
Government in this behalf for a stage carriage permit or a goods carriage
permit or a contract carriage permit in respect of a notified area or
notified route, the State Transport Authority in any case where the said
area or route lies in more than one region and the Regional Transport
Authority in any other case shall issue such permit to the State
transport undertaking, notwithstanding anything to the contrary
contained in Chapter V.
(2) For the purpose of giving effect to the approved scheme in respect of a
notified area or notified route, the State Transport Authority or, as the
case may be, the Regional Transport Authority concerned may, by
order,(a) refuse to entertain any application for the grant or renewal of any
other permit or reject any such application as may be pending;
(b) cancel any existing permit;
(c) modify the terms of any existing permit so as to(i) render the permit ineffective beyond a specified date;
(ii) reduce the number of vehicles authorised to be used under the
permit;
(iii) curtail the area or route covered by the permit in so far as such
permit relates to the notified area or notified route.
(3) For the removal of doubts, it is hereby declared that no appeal shall
lie against any action taken, or order passed, by the State Transport
Authority or any Regional Transport Authority under sub-section (1) or
sub-section (2).
SECTION 104: RESTRICTION ON GRANT OF PERMITS IN RESPECT OF
A NOTIFIED AREA OR NOTIFIED ROUTE
-Where a scheme has been published under sub-section (3) of section
100 - in respect of any notified area or notified route, the State Transport
Authority or the Regional Transport Authority, as the case may be, shall
not grant any permit except in accordance with the provisions of the
scheme: Provided that where no application for a permit has been made
by the State transport undertaking in respect of any notified area or
notified route in pursuance of an approved scheme, the State Transport
Authority or the Regional Transport Authority, as the case may be, may
grant temporary permits to any person in respect of such notified area or
notified route subject to the condition that such permit shall cease to be
effective on the issue of a permit to the State transport undertaking in
respect of that area or route.
SECTION 105: PRINCIPLES AND METHOD OF DETERMINING
COMPENSATION AND PAYMENT THEREOF
(1) Where, in exercise of the powers conferred by clause (b) or clause (c) of
sub-section (2) of section 103- , any existing permit is cancelled or the
terms thereof are modified, there shall be paid by the State transport
undertaking to the holder of the permit, compensation, the amount of
which shall be determined in accordance with the provisions of
subsection (4) or sub-section (5), as the case may be.
(2) Notwithstanding anything contained in sub-section (1), no
compensation shall be payable on account of the cancellation of any
existing permit or any modification of the terms thereof, when a permit
for an alternative route or area in lieu thereof has been offered by the
State Transport Authority or the Regional Transport Authority, as the
case may be and accepted by the holder of the permit.
(3) For the removal of doubts, it is hereby declared that no compensation
shall be payable on account of the refusal to renew a permit under clause
(a) of sub-section (2) of section 103- .
(4) Where, in exercise of the powers conferred by clause (b) or sub-clause
(i) or sub-clause (ii) of clause (c) of sub-section (2) of section 103- , any
existing permit is cancelled or the terms thereof are modified so as to
prevent the holder of the permit from using any vehicle authorised to be
used thereunder for the full period from which the permit, would
otherwise have been effective, the compensation payable to the holder of
the permit for each vehicle affected by such cancellation or modification
shall be computed as follows:(a) for every complete month or part of a month exceeding fifteen days of
the unexpired period of the permit: Two hundred rupees;
(b) for part of a month not exceeding fifteen days of the unexpired period
of
the permit; One hundred rupees: Provided that the amount of
compensation shall, in no case, be less than four hundred rupees.
(5) Where, in exercise of the powers conferred by sub-clause (iii) of clause
(c) of sub-section (2) of section 103- , the terms of an existing permit are
modified so as to curtail the area or route of any vehicle authorised to be
used thereunder, the compensation payable to the holder of the permit
on account of such curtailment shall be an amount computed in
accordance with the following formula, namely:(6) The amount of compensation payable under this section shall be paid
by the State transport undertaking to the person or persons entitled
thereto within one month from the date on which the cancellation or
modification of the permit becomes effective: Provided that where the
State transport undertaking fails to make the payment within the said
period of one month, it shall pay interest at the rate of seven per cent. per
annum from the date on which it falls due.
SECTION 106: DISPOSAL OF ARTICLE FOUND IN VEHICLES
-Where any article found in any transport vehicle operated by the State
transport undertaking is not claimed by its owner within the prescribed
period, the State transport undertaking may sell the article in the
prescribed manner and the sale proceeds thereof, after deducting the
costs incidental to sale, shall be paid to the owner on demand.
SECTION 107: POWER OF STATE GOVERNMENT TO MAKE RULES
(1) The State Government may make rules for the purpose of carrying
into effect the provisions of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:(a) the form in which any proposal regarding a scheme may be published
under section 99- ;
(b) the manner in which objections may be filed under sub-section (1) of
section 100- ;
(c) the manner in which objections may be considered and disposed of
under sub-section (2) of section 100- ;
(d) the form in which any approved scheme may be published under
subsection (3) of section 100- ;
(e) the manner in which application under sub-section (1) of section 103may be made;
(f) the period within which the owner may claim any article found left in
any transport vehicle under section 106- and the manner of sale of such
article;
(g) the manner of service of orders under this Chapter;
(h) any other matter which has to be, or may be, prescribed.
SECTION 108: CERTAIN POWERS OF STATE GOVERNMENT
EXERCISABLE BY THE CENTRAL GOVERNMENT
-The powers conferred on the State Government under this Chapter
shall, in relation to a corporation or company owned or controlled by the
Central Government or by the Central Government and one or more
State Governments, be exercisable only by the Central Government in
relation to an inter-State route or area.
SECTION 109: GENERAL PROVISION REGARDING CONSTRUCTION
AND MAINTENANCE OF VEHICLES
(1) Every motor vehicle shall be so constructed and so maintained as to
be at all times under the effective control of the person driving the
vehicle.
(2) Every motor vehicle shall be so constructed as to have right hand
steering control unless it is equipped with a mechanical or electrical
signalling device of a prescribed nature.
56 [(3) If the Central Government is of the opinion that it is necessary or
expedient so to do, in public interest, it may by order published in the
Official Gazette, notify that any article or process used by a
manufacturer shall conform to such standard as may be specified in that
order].
SECTION 110: POWER OF CENTRAL GOVERNMENT TO MAKE RULES
(1) The Central Government may make rules regulating the construction,
equipment and maintenance of motor vehicles and trailers with respect
to all or any of the following matters, namely:(a) the width, height, length and overhand of vehicles and of the loads
carried;
57 [(b) the size, nature, maximum retail price and condition of lyres,
including embossing thereon of date and year of manufacture, and the
maximum load carrying capacity;]
(c) brakes and steering gear;
(d) the use of safety glasses including prohibition of the use of tinted
safety glasses;
(e) signalling appliances, lamps and reflectors;
(f) speed governors;
(g) the emission of smoke, visible vapour, sparks, ashes, grit or oil;
(h) the reduction of noise emitted by or caused by vehicles;
(i) the embossment of chassis number and engine number and the date
of manufacture;
(j) safety belts, handle bars of motor cycles, auto-dippers and other
equipments essential for safety of drivers, passengers and other road
users;
(k) standards of the components used in the vehicle as inbuilt safely
devices;
(l) provision for transportation of goods of dangerous or hazardous
nature to human life;
(m) standards for emission of air pollutants;
58 [(n) installation of catalytic converters in the class of vehicles to be
prescribed;
(o) the placement of audio-visual or radio or tape recorder type of devices
in public vehicles:
(p) warranty after sale of vehicle and norms therefor:] Provided that any
rules
relating to the matters dealing with the protection of environment, so far
as
may be, shall be made after consultation with the Ministry of the
Government of India dealing with environment.
(2) Rules may be made under sub-section (1) governing the matters
mentioned therein, including the manner of ensuring the compliance
with such matters and the maintenance of motor vehicles in respect of
such matters, either generally in respect of motor vehicles or trailers or
in respect of motor vehicles or trailers of a particular class or in
particular circumstances.
(3) Notwithstanding anything contained in this section,(a) the Central Government may exempt any class of motor vehicles from
the provisions of this Chapter;
(b) a State Government may exempt any motor vehicle or any class or
description of motor vehicles from the rules made under sub-section (1)
subject to such conditions as may be prescribed by the Central
Government.
SECTION 111: POWER OF STATE GOVERNMENT TO MAKE RULES
-( 1) A State Government may make rules regulating the construction,
equipment and maintenance of motor vehicles and trailers with respect
to all matters other than the matters specified in sub-section (1) of
section 110- .
(2) Without prejudice to the generality of the foregoing power, rules may
be made under this section governing all or any of the following matters
either generally in respect of motor vehicles or trailers or in respect of
motor vehicles or trailers of a particular class or description or in
particular circumstances, namely:(a) seating arrangements in public service vehicles and the protection of
passengers against the weather:
(b) prohibiting or restricting the use of audible signals at certain times or
in certain places;
(c) prohibiting the carrying of appliances likely to cause annoyance or
danger;
(d) the periodical testing and inspection of vehicles by prescribed
authorities
59
[and fees to be charged for such test];
(e) the particulars other than registration marks to be exhibited by
vehicles and the manner in which they shall be exhibited;
(f) the use of trailers with motor vehicles; and 60 [ x x x]
SECTION 112: LIMITS OF SPEED
(1) No person shall drive a motor vehicle or cause or allow a motor vehicle
to be driven in any public place at a speed exceeding the maximum speed
or below the minimum speed fixed for the vehicle under this Act or by or
under any other law for the time being in force: Provided that such
maximum speed shall in no case exceed the maximum fixed for any
motor vehicle or class or description of motor vehicles by the Central,
Government by notification in the Official Gazette.
(2) The State Government or any authority authorised in this behalf by
the State Government may, if satisfied that it is necessary to restrict the
speed of motor vehicles in the interest of public safety or convenience or
because of the nature of any road or bridge, by notification in the Official
Gazette, and by causing appropriate traffic signs to be placed or erected
under section 116- at suitable places. fix such maximum speed limits or
minimum speed limits as it thinks fit for motor vehicles or any specified
class or description of motor vehicles or for motor vehicles to which a
trailer is attached, either generally or in a particular area or on a
particular road or roads: Provided that no such notification is necessary
if any restriction under this section is to remain in force for not more
than one month.
(3) Nothing in this section shall apply to any vehicle registered under
section 60- while it is being used in the execution of military manoeuvres
within the area and during the period specified in the notification under
sub-section (1) of section 2- of the Manoeuvres, Field Firing and Artillery
Practice Act, 1938 (5 of 1938) .
SECTION 113: LIMITS OF WEIGHT AND LIMITATIONS ON USE
(1) The State Government may prescribe the conditions for the issue of
permits for 61 [transport vehicles] by the State or Regional Transport
Authorities and may prohibit or restrict the use of such vehicles in any
area or route.
(2) Except as may be otherwise prescribed, no person shall drive or cause
or allow to be driven in any public place any motor vehicle which is not
fitted with pneumatic tyres.
(3) No person shall drive or cause or allow to be driven in any public
place any motor vehicle or trailer-
(a) the unladen weight of which exceeds the unladen weight specified in
the certificate of registration of the vehicle, or
(b) the laden weight, of which exceeds the gross vehicle weight specified
in the certificate of registration.
(4) Where the driver or person in charge of a motor vehicle or trailer
driven in contravention of sub-section (2) or clause (a) of sub- section 3is not the owner, a Court may presume that the offence was committed
with the knowledge of or under the orders of the owner of the motor
vehicle or trailer.
SECTION 114: POWER TO HAVE VEHICLE WEIGHED
62 [(1) Any officer of the Motor Vehicles Department authorised in this
behalf by the State Government shall, if he has reason to believe that a
goods vehicle or trailer is being used in contravention of section 113- ,]
require the driver to convey the vehicle to a weighing device, if any,
within a distance of ten kilometres from any point on the forward route
or within a distance of twenty kilometres from the destination of the
vehicle for weighment; and if on such weighment the vehicle is found to
contravene in any respect the provisions of section 113- regarding
weight, he may, by order in writing, direct the driver to off-load the
excess weight at his own risk and not to remove the vehicle or trailer
from that place until the laden weight has been reduced or the vehicle or
trailer has otherwise been dealt with so that it complies with section 113and on receipt of such notice, the driver shall comply with such
directions.
(2) Where the person authorised under sub-section (1) makes the said
order in writing, he shall also endorse the relevant details of the
overloading on the goods carriage permit and also intimate the fact of
such endorsement to the authority which issued that permit.
SECTION 115: POWER TO RESTRICT THE USE OF VEHICLES
-The State Government or any authority authorised in this behalf by the
State Government, if satisfied that it is necessary in the interest of public
safety or convenience, or because of the nature of any road or bridge,
may by notification in the Official Gazette, prohibit or restrict, subject to
such exceptions and conditions as may be specified in the notification,
the driving of motor vehicles or of any specified class or description of
motor vehicles or the use of trailers either generally in a specified area or
on a specified road and when any such prohibition or restriction is
imposed, shall cause appropriate traffic signs to be placed or erected
under section 116 - at suitable places: Provided that where any
prohibition or restriction under this section is to remain in force for not
more than one month, notification thereof in the Official Gazette shall
not be necessary, but such local publicity as the circumstances may
permit, shall be given of such prohibition or restriction.
SECTION 116: POWER TO ERECT TRAFFIC SIGNS
(1) (a) The State Government or any authority authorised in this behalf
by the State Government may cause or permit traffic signs to be placed
or erected in any public place for the purpose of bringing to public notice
any speed limits fixed under sub-section (2) of section 112- or any
prohibitions or restrictions imposed under section 115- or generally for
the purpose of regulating motor vehicle traffic.
(b) A State Government or any authority authorised in this behalf by the
State Government may, by notification in the Official Gazette or by the
erection at suitable places of the appropriate traffic sign referred to in
Part A of the Schedule, designate certain roads as main roads for the
purposes of the driving regulations made by the Central Government.
(2) Traffic signs placed or erected under sub-section (1) for any purpose
for which provision is made in the Schedule shall be of the size, colour
and type and shall have the meanings set forth in the Schedule, but the
State Government or any authority empowered in this behalf by the
State Government may make or authorise the addition to any sign set
forth in the said Schedule, of transcriptions of the words, letters or
figures thereon in such script as the State Government may think fit
provided that the transcriptions shall be of similar size and colour to the
words, letters or figures set forth in the Schedule.
(3) Except as provided by sub-section (1), no traffic sign shall, after the
commencement of this Act, be placed or erected on or near any road: but
all traffic signs placed or erected prior to the commencement of this Act
by any competent authority shall for the purpose of this Act be deemed
to be traffic signs placed or erected under the provisions of sub-section
(1).
(4) A State Government may, by notification in the Official Gazette,
empower any police officer not below the rank of a Superintendent of
Police to remove or cause to be removed any sign or advertisement which
is so placed in his opinion as to obscure any traffic sign from view or any
sign or advertisement which in his opinion is so similar in appearance to
a traffic sign as to be misleading or which in his opinion is likely to
distract the attention or concentration of the driver.
(5) No person shall wilfully remove, alter, deface, or in any way tamper
with, any traffic signs placed or erected under this section.
(6) If any person accidentally causes such damage to a traffic sign as
renders it useless for the purpose for which it is placed or erected under
this section, he shall report the circumstances of the occurrence to a
police officer or at a police station as soon as possible, and in any case
within twenty-four hours of the occurrence.
(7) For the purpose of bringing the signs set forth in 63 [the First
Schedule] in conformity with any International Convention relating to
motor traffic to which the Central Government is for the time being a
party, the Central Government may, by notification in the Official
Gazette, make any addition or alteration to any such sign and on the
issue of any such notification, 63 [the First Schedule] shall be deemed to
be amended accordingly.
SECTION 117: PARKING PLACES AND HALTING STATIONS
-The State Government or any authority authorised in this behalf by the
State Government may, in consultation with the local authority having
jurisdiction in the area concerned, determine places at which motor
vehicles may stand either indefinitely or for a specified period of time,
and may determine the places at which public service vehicles may stop
for a longer time than is necessary for the taking up and setting down of
passengers.
SECTION 118: DRIVING REGULATIONS
-The Central Government may, by notification in the Official Gazette,
make regulations for the driving of motor vehicles.
SECTION 119: DUTY TO OBEY TRAFFIC SIGNS
(1) Every driver of a motor vehicle shall drive the vehicle in conformity
with any indication given by mandatory traffic sign and in conformity
with the driving regulations made by the Central Government, and shall
comply with all directions given to him by any police officer for the time
being engaged in the regulation of traffic in any public place.
(2) In this section "mandatory traffic sign" means a traffic sign included
in Part A of 63 [the First Schedule], or any traffic sign of similar form
(that is to say, consisting of or including a circular disc displaying a
device, word or figure and having a red ground or border) placed or
erected for the purpose of regulating motor vehicle traffic under
sub-section (1) of section 116- .
SECTION 120: VEHICLES WITH LEFT HAND CONTROL
-No person shall drive or cause or allow to be driven in any public place
any motor vehicle with a left-hand steering control unlessit is equipped
with a mechanical or electrical signalling device of a prescribed nature
and in working order.
SECTION 121: SIGNALS AND SIGNALLING DEVICES
-The driver of a motor vehicle shall make such signals and on such
occasions as may be prescribed by the Central Government: Provided
that the signal of an intention to turn to the right or left or to stop(a) in the case of a motor vehicle with a right-hand steering control, may
be given by a mechanical or electrical device of a prescribed nature
affixed to the vehicle; and
(b) in the case of a motor vehicle with a left hand steering control, shall
be given by a mechanical or electrical device of a prescribed nature
affixed to the vehicle: Provided further that the State Government may,
having regard to the width and condition of the roads in any area or
route, by notification in the Official Gazette, exempt subject to such
conditions as may be specified therein any motor vehicle or class or
description of motor vehicles from the operation of this section for the
purpose of plying in that area or route.
SECTION 122: LEAVING VEHICLE IN DANGEROUS POSITION
-No person in charge of a motor vehicle shall cause or allow the vehicle or
any trailer to be abandoned or to remain at rest on any public place in
such a position or in such a condition or in such circumstances as to
cause or likely to cause danger, obstruction or undue inconvenience to
other users of the public place or to the passengers.
SECTION 123: RIDING ON RUNNING BOARD, ETC
(1) No person driving or in charge of a motor vehicle shall carry any
person or permit any person to be carried on the running board or
otherwise than within the body of the vehicle.
(2) No person shall travel on the running board or on the top or on the
bonnet of a motor vehicle.
SECTION 124: PROHIBITION AGAINST TRAVELLING WITHOUT PASS
OR TICKET
No person shall enter or remain in any stage carriage for the purposes of
travelling therein unless he has with him a proper pass or ticket:
Provided that where arrangements for the supply of tickets are made in
the stage carriage by which a person has to travel, a person may enter
such stage carriage but as soon as may be after his entry therein, he
shall make the payment of his fare to the conductor or the driver who
performs the functions of a conductor and obtain from such conductor
or driver, as the case may be, a ticket for his journey.
SECTION 125: OBSTRUCTION OF DRIVER
-No person driving a motor vehicle shall allow any person to stand or sit
or to place anything in such a manner or position as to hamper the driver
in his control of the vehicle.
SECTION 126: STATIONARY VEHICLES
-No person driving or in charge of a motor vehicle shall cause or allow the
vehicle to remain stationary in any public place, unless there is in the
driver's seat a person duly licensed to drive the vehicle or unless the
mechanism has been stopped and a brake or brakes applied or such
other measures taken as to ensure that the vehicle cannot accidentally
be put in motion in the absence of the driver.
SECTION 127: REMOVAL OF MOTOR VEHICLES ABANDONED OR
LEFT UNATTENDED ON A PUBLICPLACE
64 [(1) Where any motor vehicle is abandoned or left unattended on a
public place for ten hours or more or is parked in a place where parking
is legally prohibited, its removal by a lowing service or its immobilisation
by any means including wheel clamping may be authorised by a police
officer in uniform having jurisdiction.]
(2) Where an abandoned, unattended, wrecked, burnt or partially
dismantled vehicle is creating a traffic hazard, because of its position in
relation to the 65 [public place], or its physical appearance is causing the
impediment to the traffic, its immediate removal from the 65 [public
place] by a lowing service may be authorised by a police officer having
jurisdiction.
(3) Where a vehicle is authorised to be removed under sub-section (1) or
sub-section (2) by a police officer, the owner of the vehicle shall be
responsible for all lowing costs, besides any other penalty.
SECTION 128: SAFETY MEASURES FOR DRIVERS AND PILLION
RIDERS
(1) No driver of a two-wheeled motor cycle shall carry more than one
person in addition to himself on the motor cycle and no such person
shall be carried otherwise than sitting on a proper seat securely fixed to
the motor cycle belund the driver's seal with appropriate safety
measures.
(2) In addition to the safety measures mentioned in sub-section (1), the
Central Government may, prescribe other safety measures for the drivers
of two-wheeled motor cycles and pillion riders thereon.
SECTION 129: WEARING OF PROTECTIVE HEADGEAR
-Every person driving or riding (otherwise than in a side car, on a motor
cycle of any class or description) shall, while in a public place, wear 66
[protective headgear conforming to the standards of Bureau of Indian
Standards]: Provided that the provisions of this section shall not apply to
a person who is a Sikh, if he is, while driving or riding on the motor cycle,
in a public place, wearing a turban: Provided further that the State
Government may, by such rules, provide for such exceptions as it may
think fit.
SECTION 130: DUTY TO PRODUCE LICENCE AND CERTIFICATE OF
REGISTRATION
(1) The driver of a motor vehicle in any public place shall, on demand by
any police officer in uniform, produce his licence for examination:
Provided that the driver may, if his licence has been submitted to, or has
been seized by, any officer or authority under this or any other Act,
produce in lieu of the licence a receipt or other acknowledgement issued
by such officer or authority in respect thereof and thereafter produce the
licence within such period, in such manner as the Central Government
may prescribe to the police officer making the demand.
67 [(2) The conductor, if any, of a motor vehicle on any public place shall
on demand by any officer of the Motor Vehicles Department authorised
in this behalf, produce the licence for examination.
(3) The owner of a motor vehicle (other than a vehicle registered under
section 60- ), or in his absence the driver or other person in charge of the
vehicle, shall, on demand by a registering authority or any other officer of
the Motor Vehicles Department duly authorised in this behalf, produce
the certificate of insurance of the vehicle and, where the vehicle is a
transport vehicle, also the certificate of fitness referred to in section 56and the permit; and if any or all of the certificates or the permit are not in
his possession, he shall, within fifteen days from the date of demand,
submit photo copies of the same, duly attested in person or send the
same by registered post to the officer who demanded it.
(4) If the licence referred to in sub-section (2) or the certificates or permit
referred to in sub-section (3), as the case may be, are not at the time in
the possession of the person to whom demand is made, it shall be a
sufficient compliance with this section if such person produces the
licence or certificates or permit within such period in such manner as
the Central Government may prescribe, to the police officer or authority
making the demand: Provided that, except to such extent and with such
modifications as may be prescribed, the provisions of this sub-section
shall not apply to any person required lo produce the certificate of
registration or the certificate of fitness of a transport vehicle.
SECTION 131: DUTY OF THE DRIVER TO TAKE CERTAIN
PRECAUTIONS AT UNGUARDED RAILWAY LEVEL CROSSINGS
-Every driver of a motor vehicle at the approach of any unguarded
railway level crossing shall cause the vehicle to stop and the driver of the
vehicle shall cause the conductor or cleaner or attendant or any other
person in the vehicle to walk upto the level crossing and ensure that no
train or trolley is approaching from either side and then pilot the motor
vehicle across such level crossing, and where no conductor or cleaner or
attendant or any other person is available in the vehicle, the driver of the
vehicle shall get down from the vehicle himself to ensure that no train or
trolley is approaching from either side before the railway track is
crossed.
SECTION 132: DUTY OF DRIVER TO STOP IN CERTAIN CASES
(1) The driver of a motor vehicle shall cause the vehicle to stop and
remain stationary so long as 68 [may for such reasonable time as may be
necessary, but not exceeding twenty-four hours],69 [(a) when required to do so by any police officer not below the rank of
a Sub-inspector in uniform, in the event of the vehicle being involved in
the
occurrence of an accident to a person, animal or vehicle or of damage to
property, or]
(b) when required to do so by any person in charge of an animal if such
person apprehends that the animal is, or being alarmed by the vehicle
will become, unmanageable,
(c) 70 [ x x x] and he shall give his name and address and the name and
address of the owner of the vehicle to any person affected by any such
accident or damage who demands it provided such person also furnishes
his name and address.
(2) The driver of a motor vehicle shall, on demand by a person giving his
own name and address and alleging that the driver has committed an
offence punishable under section 184- given his name and address to
that person.
(3) In this section the expression "animal" means any horse, cattle,
elephant, camel, ass. mule, sheep or goat.
SECTION 133: DUTY OF OWNER OF MOTOR VEHICLE TO GIVE
INFORMATION
-The owner of a motor vehicle, the driver or conductor of which is
accused of any offence under this Act shall, on the demand of any police
officer authorised in this behalf by the State Government, give all
information regarding the name and address of, and the licence held by,
the driver or conductor which is in his possession or could by reasonable
diligence be ascertained by him.
SECTION 134: DUTY OF DRIVER IN CASE OF ACCIDENT AND INJURY
TO A PERSON
-When any person is injured or any properly of a third party is damaged,
as a result of an accident in which a motor vehicle is involved, the driver
of the vehicle or other person in charge of the vehicle shall(a) unless it is not practicable to do so on account of mob fury or any
other reason beyond his control, take all reasonable steps to secure
medical attention for the injured person, 71 [by conveying him to the
nearest medical practitioner or hospital, and it shall be the duty of every
registered medical practitioner or the doctor on the duty in the hospital
immediately to attend lo the injured person and render medical aid or
treatment without wailing for any procedural formalities], unless the
injured person or his guardian, in case he is a minor, desires otherwise;
(b) give on demand by a police officer any information required by him,
or, if no police officer is present, report the circumstances of the
occurrence, including the circumstances, if any, for not taking
reasonable steps to secure medical attention as required under clause
(a), at the nearest police station as soon as possible, and in any case
within twenty-four hours of the occurrence;
72 [(c) give the following information in writing to the insurer, who has
issued the certificates of insurance, about the occurrence of the
accident, namely:(i) insurance policy number and period of its validity:
(ii) date, time and place of accident;
(iii) particulars of the persons injured or killed in the accident;
(iv) name of the driver and the particulars of his driving licence.
SECTION 13:5 SCHEMES TO BE FRAMED FOR THE INVESTIGATION
OF ACCIDENT CASES AND WAYSIDE AMENITIES, ETC
(1) The State Government may, by notification in the Official Gazette,
make one or more schemes to provide for(a) an in depth study on causes and analysis of motor vehicle accidents;
(b) wayside amenities on highways; (c) traffic aid posts on highways;
and (d) truck parking complexes along highways.
(2) Every scheme made under this section by any State Government shall
be laid, as soon as may be after it is made, before the State Legislature.
SECTION 136: INSPECTION OF VEHICLE INVOLVED IN ACCIDENT
-When any accident occurs in which a motor vehicle is involved, any
person authorised in this behalf by the State Government may, on
production if so required of his authority, insect the vehicle and for that
purpose may enter at any reasonable time any premises where the
vehicle may be, and may remove the vehicle for examination: Provided
that the place to which the vehicle is so removed shall be intimated to the
owner of the vehicle and the vehicle shall be returned 73 [after
completion of the formalities to the owner, driver or the person in charge
of the vehicle within twenty-four hours].
SECTION 137: POWER OF CENTRAL GOVERNMENT TO MAKE RULES
-The Central Government may make rules to provide for all or any of the
following matters, namely:(a) the occasions on which signals shall be made by drivers of motor
vehicles and such signals under section 121- ;
(b) the manner in which the licences and certificates may be produced to
the police officer under section 130- .
SECTION 138: POWER OF STATE GOVERNMENT TO MAKE RULES
(1) The State Government may make rules for the purpose of carrying
into effect the provisions of this Chapter other than the matters specified
in section 137- .
(2) Without prejudice to the generality of the foregoing power, such rules
may provide for(a) the removal and the safe custody of vehicles including their loads
which
have broken down or which have been left standing or have been
abandoned on roads;
(b) the installation and use of weighing devices;
(c) the maintenance and management of wayside amenities complexes;
(d) the exemption from all or any of the provisions of this Chapter of fire
brigade vehicles, ambulances and other special classes or descriptions of
vehicle, subject to such conditions as may be prescribed;
(e) the maintenance and management of parking places and stands and
the fees, if any, which may be charged for their use;
(f) prohibiting the driving downhill of a motor vehicle with the gear
disengaged either generally or in a specified place;
(g) prohibiting the taking hold of or mounting of a motor vehicle in
motion;
(h) prohibiting the use of foot-paths or pavements by motor vehicles;
(i) generally, the prevention of danger, injury or annoyance to the public
or
any person, or of danger or injury to property or of obstruction to traffic;
and
(j) any other matter which is to be, or may be, prescribed.
SECTION 139: POWER OF CENTRAL GOVERNMENT TO MAKE RULES
(1) The Central Government may, by notification in the Official Gazette,
make rules for all or any of the following purposes, namely:(a) the grant and authentication of travelling passes, certificates or
authorisations to persons temporarily taking motor vehicles out of India
to any place outside India or to persons temporarily proceeding out of
India to any place outside India and desiring to drive a motor vehicle
during their absence from India;
(b) prescribing the conditions subject to which motor vehicles brought
temporarily into India from outside India by persons intending to make a
temporary stay in India may be possessed and used in India; and
(c) prescribing the conditions subject to which persons entering India
from any place outside India for a temporary stay in India may drive
motor vehicles in India.
(2) For the purpose of facilitating and regulating the services of motor
vehicles operating between India and any other country under any
reciprocal arrangement and carrying passengers or goods or both by
road for hire or reward, the Central Government may, by notification in
the Official Gazette, make rules with respect to all or any of the following
matters, namely:(a) the conditions subject to which motor vehicles carrying on such
services may be brought into India from outside India and possessed and
used in India:
(b) the conditions subject to which motor vehicles may be taken from any
place in India to any place outside India;
(c) the conditions subject to which persons employed as drivers and
conductors of such motor vehicles may enter or leave India;
(d) the grant and authentication of travelling passes, certificates or
authorisations to persons employed as drivers and conductors of such
motor vehicles;
(e) the particulars (other than registration marks) to be exhibited by such
motor vehicles and the manner in which such particulars are to be
exhibited;
(f) the use of trailers with such motor vehicles;
(g) the exemption of such motor vehicles and their drivers and
conductors
from all or any of the provisions of this Act [other than those referred to
in sub- section (4)] or the rules made thereunder;
(h) the identification of the drivers and conductors of such motor
vehicles;
(i) the replacement of the travelling passes, certificates or authorisations,
permits, licences or any other prescribed documents lost or defaced, on
payment of such fee as may be prescribed;
(j) the exemption from the provisions of such laws as relate to customs,
police or health with a view to facilitate such road transport services;
(k) any other matter which is to be, or may be, prescribed.
(3) No rule made under this section shall operate to confer on any person
any immunity in any State from the payment of any tax levied in that
State on motor vehicles or their users
(4) Nothing in this Act or in any rule made thereunder by a State
Government relating to(a) the registration and identification of motor vehicles, or
(b) the requirements as to construction, maintenance and equipment of
motor vehicles, or
(c) the licensing and the qualifications of drivers and conductors of motor
vehicles, shall apply(i) to any motor vehicle to which or to any driver of a motor vehicle to
whom any rules made under clause (b) or clause (c) of sub-section (1) or
under sub-section (2) apply; or
(ii) to any conductor of a motor vehicle to whom any rules made under
sub-section (2) apply.
SECTION 140: LIABILITY TO PAY COMPENSATION IN CERTAIN CASES
ON THE PRINCIPLE OF NO FAULT
(1) Where death or permanent disablement of any person has resulted
from an accident arising out of the use of a motor vehicle or motor
vehicles, the owner of the vehicle shall, or. as the case may be. the
owners of the vehicles shall, jointly and severally, be liable to pay
compensation in respect of such death or disablement in accordance
with the provisions of this section.
(2) The amount of compensation which shall be payable under
subsection (1) in respect of the death of any person shall be a fixed sum
of 74 [fifty thousand rupees] and the amount of compensation payable
under that sub-section in respect of the permanent disablement of any
person shall be a fixed sum of 75 [twenty five thousand rupees].
(3) In any claim for compensation under sub-section (1), the claimant
shall not be required to plead and establish that the death or permanent
disablement in respect of which the claim has been made was due to any
wrongful act, neglect or default of the owner or owners of the vehicle or
vehicles concerned or of any other person.
(4) A claim for compensation under sub-section (1) shall not be defeated
by reason of any wrongful act, neglect or default of the person in respect
of whose death or permanent disablement the claim has been made nor
shall the quantum of compensation recoverable in respect of such death
or permanent disablement be reduced on the basis of the share of such
person in the responsibility for such death or permanent disablement.
76 [(5) Notwithstanding anything contained in sub-section (2) regarding
death or bodily injury to any person, for which the owner of the vehicle is
liable to give compensation for relief, he is also liable to pay
compensation under any other law for the time being in force: Provided
that the amount of such compensation to be given under any other law
shall be reduced from the amount of compensation payable under this
section or under section 163A- ].
SECTION 141: PROVISIONS AS TO OTHER RIGHT TO CLAIM
COMPENSATION FOR DEATH OR PERMANENT DISABLEMENT
(1) The right to claim compensation under section 140- in respect of
death or permanent disablement of any person shall be in addition to 78
[any other right, except the right to claim under the scheme referred to
section 163A- (such other right hereafter] in this section referred to as
the right on the principle of fault) to claim compensation in respect
thereof under any other provision of this Act or of any other law for the
time being in force].
(2) A claim for compensation under section 140- in respect of death or
permanent disablement of any person shall be disposed of as
expeditiously as possible and where compensation is claimed in respect
of such death or permanent disablement under section 140- and also in
pursuance of any right on the principle of fault, the claim for
compensation under section 140- shall be disposed of as aforesaid in the
first place.
(3) Notwithstanding anything contained in sub-section (1), where in
respect of the death or permanent disablement of any person, the person
liable to pay compensation under section 140- is also liable to pay
compensation in accordance with the right on the principle of fault, the
person so liable shall pay the first-mentioned compensation and(a) if the amount of the first-mentioned compensation is less than the.
amount of the second-mentioned compensation, he shall be liable to pay
(in addition to the first-mentioned compensation) only so much of the
second-mentioned compensation as is equal to the amount by which it
exceeds the first-mentioned compensation;
(b) if the amount of the first-mentioned compensation is equal to or more
than the amount of the second-mentioned compensation, he shall not be
liable to pay the second-mentioned compensation.
SECTION 142: PERMANENT DISABLEMENT
-For the purposes of this Chapter, permanent disablement of a person
shall be deemed to have resulted from an accident of the nature referred
to in subsection (1) of section 140 - if such person has suffered by reason
of the accident, any injury or injuries involving:(a) permanent privation of the sight of either eye or the hearing of either
ear, or privation of any member or joint; or
( b) destruction or permanent impairing of the powers of any member or
joint; or
(c) permanent disfiguration of the head or face.
SECTION 143: APPLICABILITY OF CHAPTER TO CERTAIN CLAIMS
UNDER ACT 8 OF 1923
-The provisions of this Chapter shall also apply in relation to any claim
for compensation in respect of death or permanent disablement of any
person under the Workmen's Compensation Act, 1923 - resulting from
an accident of the nature referred to in sub-section (1) of section 140 and for this purpose, the said provisions shall, with necessary
modifications, be deemed to form part of that Act.
SECTION 144: OVERRIDING EFFECT
-The provisions of this Chapter shall have effect notwithstanding
anything contained in any other provision of this Act or of any other law
for the time being in force.
SECTION 143: APPLICABILITY OF CHAPTER TO CERTAIN CLAIMS
UNDER ACT 8 OF 1923
-The provisions of this Chapter shall also apply in relation to any claim
for compensation in respect of death or permanent disablement of any
person under the Workmen's Compensation Act, 1923 - resulting from
an accident of the nature referred to in sub-section (1) of section 140 and for this purpose, the said provisions shall, with necessary
modifications, be deemed to form part of that Act.
SECTION 144: OVERRIDING EFFECT
-The provisions of this Chapter shall have effect notwithstanding
anything contained in any other provision of this Act or of any other law
for the time being in force.
SECTION 145: DEFINITIONS
-In this Chapter,(a) "authorised insurer" means an insurer for the time being carrying on
general insurance business in India under the General Insurance
Business (Nationalisation) Act, 1972 , and any Government insurance
fund authorised to do general insurance business under that Act;
(b) "certificate of insurance" means a certificate issued by an authorised
insurer in pursuance of sub-section (3) of section 147- and includes a
cover note complying with such requirements as may be prescribed, and
where more than one certificate has been issued in connection with a
policy, or where a copy of a certificate has been issued, all those
certificates or that copy, as the case may be;
(c) "liability", wherever used in relation to the death of or bodily injury to
any person, includes liability in respect thereof under section 140- ;
(d) "policy of insurance" includes "certificate of insurance";
(e) "property" includes goods carried in the motor vehicle, roads, bridges,
culverts, causeways, trees, posts and mile-stones;
(f) "reciprocating country" means any such country as may on the basis
of reciprocity be notified by the Central Government in the Official
Gazette to be a reciprocating country for the purposes of this Chapter;
(g) "third party" includes the Government.
SECTION 146: NECESSITY FOR INSURANCE AGAINST THIRD PARTY
RISK
(1) No person shall use, except as a passenger, or cause or allow any
other person to use, a motor vehicle in a public place, unless there is in
force in relation to the use of the vehicle by that person or that other
person, as the case may be, a policy of insurance complying with the
requirements of this Chapter : 79 [Provided that in the case of a vehicle
carrying, or meant to carry, dangerous or hazardous goods, there shall
also be a policy of insurance under the Public Liability Insurance Act,
1991 (6 of 1991)- ].
(2) Sub-section (1) shall not apply to any vehicle owned by the Central
Government or a State Government and used for Government purposes
unconnected with any commercial enterprise.
(3) The appropriate Government may, by order, exempt from the
operation of sub-section (1) any vehicle owned by any of the following
authorities, namely:(a) the Central Government or a State Government, if the vehicle is used
for Government purposes connected with any commercial enterprise;
(b) any local authority;
(c) any State transport undertaking: Provided that no such order shall be
made in relation to any such authority unless a fund has been
established and is maintained by that authority in accordance with the
rules made in that behalf under this Act for meeting any liability arising
out of the use of any vehicle of that authority which that authority or any
person in its employment may incur to third parties.
SECTION 147: REQUIREMENTS OF POLICIES AND LIMITS OF
LIABILITY
(1) In order to comply with the requirements of this Chapter, a policy of
insurance must be a policy which(a) is issued by a person who is an authorised insurer; and
(b) insures the person or classes of persons specified in the policy to the
extent specified in sub-section (2)(i) against any liability which may be incurred by him in respect of the
death of or bodily
80 [injury to any person, including owner of the goods or his authorised
representative carried in the vehicle] or damage to any property of a third
party caused by or arising out of the use of the vehicle in a public place;
against the death of or bodily injury to any
passenger of a public service vehicle caused by or arising out of the use
of the vehicle in a public place: Provided that a policy shall not be
required(i) to cover liability in respect of the death, arising out of and in the
course of his employment, of the employee of a person insured by the
policy or in respect of bodily injury sustained by such an employee
arising out of and in the course of his employment
other than a liability arising under the Workmen's Compensation Act,
1923 (8 of 1923)- in respect of the death of, or bodily injury to, any such
employee-
(a) engaged in driving the vehicle, or
(b) if it is a public service vehicle engaged as a conductor of the vehicle or
in examining tickets on the vehicle, or
(c) if it is a goods carriage, being carried in the vehicle, or
(ii) to cover any contractual liability.
(2) Subject to the proviso to sub-section (1), a policy of insurance referred
to in sub-section (1), shall cover any liability incurred in respect of any
accident, up to the following limits, namely:(a) save as provided in clause (b), the amount of liability incurred;
(b) in respect of damage to any property of a third party, a limit of rupees
six thousand: Provided that any policy of insurance issued with any
limited liability and in force, immediately before the commencement of
this Act, shall continue to be effective for a period of four months after
such commencement or till the date of expiry of such policy whichever is
earlier.
(3) A policy shall be of no effect for the purposes of this Chapter unless
and until there is issued by the insurer in favour of the person by whom
the policy is effected a certificate of insurance in the prescribed form and
containing the prescribed particulars of any condition subject to which
the policy is issued and of any other prescribed matters; and different
forms, particulars and matters may be prescribed in different cases.
(4) Where a cover note issued by the insurer under the provisions of this
Chapter or the rules made thereunder is not followed by a policy of
insurance within the prescribed time, the insurer shall, within seven
days of the expiry of the period of the validity of the cover note, notify the
fact to the registering authority in whose records the vehicle to which the
cover note relates has been registered or to such other authority as the
State Government may prescribe.
(5) Notwithstanding anything contained in any law for the time being in
force, an insurer issuing a policy of insurance under this section shall be
liable to indemnify the person or classes of persons specified in the policy
in respect of any liability which the policy purports to cover in the case of
that person or those classes of persons.
SECTION 148: VALIDITY OF POLICIES OF INSURANCE ISSUED IN
RECIPROCATING COUNTRIES
-Where, in pursuance of an arrangement between India and any
reciprocating country, the motor vehicle registered in the reciprocating
country operates on any route or within any area common to the two
countries and there is in force in relation to the use of the vehicle in the
reciprocating country, a policy of insurance complying with the
requirements of the law of insurance in force in that country, then,
notwithstanding anything contained in section 147 - but subject to any
rules which may be made under section 164 - , such policy of insurance
shall be effective throughout the route or area in respect of which, the
arrangement has been made, as if the policy of insurance had complied
with the requirements of this Chapter.
SECTION 149: DUTY OF INSURERS TO SATISFY JUDGMENTS AND
AWARDS AGAINST PERSONS INSURED IN RESPECT OF THIRD PARTY
RISKS
(1) If, after a certificate of insurance has been issued under sub-section
(3) of section 147- in favour of the person by whom a policy has been
effected, judgment or award in respect of any such liability as is required
to be covered by a policy under clause (b) of sub-section (1) of section
147- (being a liability covered by the terms of the policy) 81 [or under the
provisions of section 163A- ] is obtained against any person insured by
the policy, then, notwithstanding that the insurer may be entitled to
avoid or cancel or may have avoided or cancelled the policy, the insurer
shall, subject to the provisions of this section, pay to the person entitled
to the benefit of the decree any sum not exceeding the sum assured
payable thereunder, as if he were the judgment debtor, in respect of the
liability, together with any amount payable in respect of costs and any
sum payable in respect of interest on that sum by virtue of any
enactment relating to interest on judgments.
(2) No sum shall be payable by an insurer under sub-section (1) in
respect of any judgment or award unless, before the commencement of
the proceedings in which the judgment or award is given the insurer had
notice through the Court or, as the case may be, the Claims Tribunal of
the bringing of the proceedings, or in respect of such judgment or award
so long as execution is stayed thereon pending an appeal; and an insurer
to whom notice of the bringing of any such proceedings is so given shall
be entitled to be made a party thereto and to defend the action on any of
the following grounds, namely:(a) that there has been a breach of a specified condition of the policy,
being one of the following conditions, namely:(i) a condition excluding the use of the vehicle(a) for hire or reward, where the vehicle is on the date of the contract of
insurance a vehicle not covered by a permit to ply for hire or reward, or
(b) for origanised racing and speed testing, or
(c) for a porpose not allowed by the permit under which the vehicle is
used, where the vehicle is a transport vehicle, or
(d) without sidecar being attached where the vehicle is a motor cycle; or
(ii) a condition excluding driving by a named person or persons or by any
person who is not duly licensed, or by any person who has been
disqualified for holding or obtaining a driving licence during the period of
disqualification; or
(iii) a condition excluding liability for injury caused or contributed lo by
conditions of war, civil war, riot or civil commotion; or
(b) that the policy is void on the ground that it was obtained by the
nondisclosure of a material fact or by a representation of fact which was
false in some material particular.
(3) Where any such judgment as is referred to in sub-section (1) is
obtained from a Court in a reciprocating country and in the case of a
foreign judgment is, by virtue of the provisions of section 13 of the Code
of Civil Procedure, 1908 (5 of 1908 ) conclusive as to any matter
adjudicated upon by it, the insurer (being an insurer registered under
the Insurance Act, 1938 (4 of 1938) and whether or not he is registered
under the corresponding law of the reciprocating country) shall be liable
to the person entitled to the benefit of the decree in the manner and to
the extent specified in sub-section (1) as if the judgment were given by a
Court in India: Provided that no sum shall be payable by the insurer in
respect of any such judgment unless, before the commencement of the
proceedings in which the judgment is given, the insurer had notice
through the Court concerned of the bringing of the proceedings and the
insurer to whom notice is so given is entitled under the corresponding
law of the
reciprocating country, to be made a party to the proceedings and to
defend the action on grounds similar to those specified in sub-section
(2).
(4) Where a certificate of insurance has been issued under sub-section
(3) of section 147- to the person by whom a policy has been effected, so
much of the policy as purports to restrict the insurance of the persons
insured thereby by reference to any conditions other than those in
clause (b) of subsection (2) shall, as respects such liabilities as are
required to be covered by a policy under clause (b) of sub-section (1) of
section 147- , be of no effect: Provided that any sum paid by the insurer
in or towards the discharge of any liability of any person which is covered
by the policy by virtue only of this sub-section shall be recoverable by the
insurer from that person.
(5) If the amount which an insurer becomes liable under this section to
pay in respect of a liability incurred by a person insured by a policy
exceeds the amount for which the insurer would apart from the
provisions of this section be liable under the policy in respect of that
liability, the insurer shall be entitled to recover the excess from that
person.
(6) In this section the expression "material fact" and "material particular"
means, respectively a fact or particular of such a nature as to influence
the judgment of a prudent insurer in determining whether he will take
the risk and, if so, at what premium and on what conditions, and the
expression "liability covered by the terms of the policy" means a liability
which is covered by the policy or which would be so covered but for the
fact that the insurer is entitled to avoid or cancel or has avoided or
cancelled the policy.
(7) No insurer to whom the notice referred to in sub-section (2) or
sub-section (3) has been given shall be entitled to avoid his liability to
any person entitled to the benefit of any such judgment or award as is
referred to in sub-section (1) or in such judgement as is referred to in
sub-section (3) otherwise than in the manner provided for in sub-section
(2) or in the corresponding law of the reciprocating country, as the case
may be.
SECTION 150: RIGHTS OF THIRD PARTIES AGAINST INSURERS ON
INSOLVENCY OF THE INSURED
(1) Where under any contract of insurance effected in accordance with
the provisions of this Chapter, a person is insured against liabilities
which he may incur to third parties, then(a) in the event of the person becoming insolvent or making a
composition or arrangement with his creditors, or
(b) where the insured person is a company, in the event of a winding up
order being made or a resolution for a voluntary winding up being passed
with respect to the company or of a receiver or manager of the company's
business or undertaking being duly appointed, or of possession being
taken by or on behalf of the holders of any debentures secured by a
floating charge of any property comprised in or subject to the charge, if,
either before or after that event, any such liability is incurred by the
insured person, his rights against the insurer under the contract in
respect of the liability shall, notwithstanding anything to the contrary in
any provision of law, be
transferred to and vest in the third party to whom the liability was so
incurred.
(2) Where an order for the administration of the estate of a deceased
debtor is made according to the law of insolvency, then, if any debt
provable in insolvency is owing by the deceased in respect of a liability to
a third party against which he was insured under a contract of insurance
in accordance with the provisions of this Chapter, the deceased debtor's
rights against the insurer in respect of that liability shall,
notwithstanding anything to the contrary in any provision of law, be
transferred to and vest in the person to whom the debt is owing.
(3) Any condition in a policy issued for the purposes of this Chapter
purporting either directly or indirectly to avoid the policy or to alter the
rights of the parties thereunder upon the happening to the insured
person of any of the events specified in clause (a) or clause (b) of
sub-section (1) or upon the making of an order for the administration of
the estate of a deceased debtor according to the law of ir.solvency shall
be of no effect.
(4) Upon a transfer under sub-section (1) or sub-section (2), the insurer
shall be under the same liability to the third party as he would have been
to the insured person, but(a) if the liability of the insurer to the insured person exceeds the liability
of
the insured person to the third party, nothing in this Chapter shall affect
the rights of the insured person against the insurer in respect of the
excess, and
(b) if the liability of the insurer to the insured person is less than the
liability
of the insured person to the third party, nothing in this Chapter shall
affect
the rights of the third party against the insured person in respect of the
balance.
SECTION 151: DUTY TO GIVE INFORMATION AS TO INSURANCE
(1) No person against whom a claim is made in respect of any liability
referred to in clause (b) of section 147- shall on demand by or on behalf
of the person making the claim refuse to state whether or not he was
insured in respect of that liability by any policy issued under the
provisions of this Chapter, or would have been so insured if the insurer
had not avoided or cancelled the policy, nor shall he refuse, if he was or
would have been so insured, to give such particulars with respect to that
policy as were specified in the certificate of insurance issued in respect
thereof.
(2) In the event of any person becoming insolvent or making a
composition or arrangement with his creditors or in the event of an order
being made for the administration of the estate of a deceased person
according to the law of insolvency, or in the event of a winding up order
being made or a resolution for a voluntary winding up being passed with
respect to any company or of a receiver or manager of the company's
business or undertaking being duly appointed or of possession being
taken by or on behalf of the holders of any debentures secured by a
floating charge on any property comprised in or subject to the charge, it
shall be the duty of the insolvent debtor, personal representative of the
deceased debtor or company, as the case may be, or the official assignee
or receiver in insolvency, trustee, liquidator, receiver or manager, or
person in possession of the property to give at the request of any person
claiming that the insolvent debtor, deceased debtor or company is under
such liability to him as is covered by the provisions of this Chapter, such
information as may reasonably be required by him for the purpose of
ascertaining whether any rights have been transferred to and vested in
him by section 150- , and for the purpose of enforcing such rights, if any;
and any such contract of insurance as purports whether directly or
indirectly to avoid the contract or to alter the rights of the parties
thereunder upon the giving of such information in the events aforesaid,
or otherwise to prohibit or prevent the giving thereof in the said events,
shall be of no effect.
(3) If, from the information given to any person in pursuance of
subsection (2) or otherwise, he has reasonable ground for supporting
that there have or may have been transferred to him under this Chapter
rights against any particular insurer, that insurer shall be subject to the
same duty as is imposed by the said sub-section on the persons therein
mentioned.
(4) The duty to give the information imposed by this section shall include
a duty to allow all contracts of insurance, receipts for premiums, and
other relevant document in the possession or power of the person on
whom the duly is so imposed to be inspected and copies thereof to be
taken.
SECTION 152: SETTLEMENT BETWEEN INSURERS AND INSURED
PERSONS
(1) No settlement made by an insurer in respect of any claim which might
be made by a third party in respect of any liability of the nature referred
to in clause (b) of sub-section (1) of section 147- shall be valid unless
such third party is a party to the settlement.
(2) Where a person who is insured under a policy issued for the purposes
of this Chapter has become insolvent, or where, if such insured person is
a company, a winding up order has been made or a resolution for a
voluntary winding up has been passed with respect to the company, no
agreement made between the insurer and the insured person after the
liability has been incurred to a third party and after the commencement
of the insolvency or winding up, as the case may be, nor any waiver,
assignment or other disposition made by or payment made to the
insured person after the commencement aforesaid shall be effective to
defeat the rights transferred to the third party under this Chapter, but
those rights shall be the same as if no such agreement, waiver,
assignment or disposition or payment has been made.
SECTION 153: SAVING IN RESPECT OF SECTIONS 150, 151 AND 152
(1) For the purposes of sections 150- , 151- and 152- a reference to
"liabilities to third parties" in relation to a person insured under any
policy of insurance shall not include a reference to any liability of that
person in the capacity of insurer under some other policy of insurance
(2) The provisions of sections 150- , 151- and 152- shall not apply where
a company is wound up voluntarily merely for the purposes of
reconstruction or of an amalgamation with another company.
SECTION 154: INSOLVENCY OF INSURED PERSONS NOT TO AFFECT
LIABILITY OF INSURED OR CLAIMS BY THIRD PARTIES
-Where a certificate of insurance has been issued to the person by whom
a policy has been effected, the happening in relation to any person
insured by the policy of any such event as is mentioned in sub-section (1)
or sub-section (2) of section 150 - shall, notwithstanding anything
contained in this Chapter, not affect any liability of that person of the
nature referred to in clause (b) of sub-section (1) of section 147 - ; but
nothing in this section shall affect any rights against the insurer
conferred under the provisions of sections 150 - , 151 - and 152 - on the
person to whom the liability was incurred.
SECTION 155: EFFECT OF DEATH ON CERTAIN CAUSES OF ACTION
-Notwithstanding anything contained in section 306 of the Indian
Succession Act, 1925 (39 of 1925) , the death of a person in whose favour
a certificate of insurance had been issued, if it occurs after the
happening of an event which has given rise to a claim under the
provisions of this Chapter, shall not be a bar to the survival of any cause
of action arising out of the said event against his estate or against the
insurer.
SECTION 156: EFFECT OF CERTIFICATE OF INSURANCE
-When an insurer has issued a certificate of insurance in respect of a
contract of insurance between the insurer and the insured person, then(a) if and so long as the policy described in the certificate has not been
issued by the insurer to the insured, the insurer shall, as between
himself and any other person except the insured, be deemed to have
issued to the insured person a policy of insurance conforming in all
respects with the description and particulars stated in such certificate;
and
(b) if the insurer has issued to the insured the policy described in the
certificate, but the actual terms of the policy are less favourable to
persons claiming under or by virtue of the policy against the insurer
either directly or through the insured than the particulars of the policy
as stated in the certificate, the policy shall, as between the insurer and
any other person except the insured, be deemed to be in terms
conforming in all respects with the particulars stated in the said
certificate.
SECTION 157: TRANSFER OF CERTIFICATE OF INSURANCE
(1) Where a person in w 82 [Explanation.-For the removal of doubts, it is
hereby declared that such deemed transfer shall include transfer of
rights and liabilities of the said certificate of insurance and policy of
insurance].
(2) The transferee shall apply within fourteen days from the date of
transfer in the prescribed form to the insurer for making necessary
changes in regard to the fact of transfer in the certificate of insurance
and the policy described in the certificate in his favour and the insurer
shall make the necessary changes in the certificate and the policy of
insurance in regard to the transfer of insurance.
SECTION 158: PRODUCTION OF CERTAIN CERTIFICATES, LICENCE
AND PERMIT IN CERTAIN CASES
(1) Any person driving a motor vehicle in any public place shall, on being
so required by a police officer in uniform authorised in this behalf by the
State Government, produce(a) the certificate of insurance; (b the certificate of registration; (c) the
driving licence; and
(d) in the case of a transport vehicle also the certificate of fitness referred
to in section 56- and the permit, relating to the use of the vehicle.
(2) If, where owing to the presence of a motor vehicle in a public place an
accident occurs involving death or bodily injury to another person, the
driver of the vehicle does not at the time produce the certificates, driving
licence and permit referred to in sub-section (1) to a police officer, he
shall produce the said certificates, licence and permit at the police
station at which he makes the report required by section 134- .
(3) No person shall be liable to conviction under sub-section (1) or
subsection (2) by reason only of the failure to produce the certificate of
insurance if, within seven days from the date on which its production
was required under sub-section (1), or as the case may be, from the date
of occurrence of the accident, he produces the certificate at such police
station as may have been specified by him to the police officer who
required its production or, as the case may be, to the police officer at the
site of the accident or to the officer-in(4) The owner of a motor vehicle shall give such information as he may be
required by or on behalf of a police officer empowered in this behalf by
the State Government to give for the purpose of determining whether the
vehicle was or was not being driven in contravention of section 146- and
on any occasion when the driver was required under this section to
produce his certificate of insurance.
(5) In this section, the expression "produce his certificate of insurance"
means produce for examination the relevant certificate of insurance or
such other evidence as may be prescribed that the vehicle was not being
driven in contravention of section 146- .
83 [(6) As soon as any information regarding any accident involving
death or bodily injury to any person is recorded or report under this
section is complet by a police officer, the officer incharge of the police
station shall forward a copy of the same within thirty days from the date
of recording of information or, as the case may be, on completion of such
report to the Claims Tribunal having jnrisdiction and a copy thereof to
the concened insurer, and where a copy is made available to the owner,
he shall also within thirty days of receipt of such report, forward the
same to such Claims Tribunal and Insurer].
SECTION 159: PRODUCTION OF CERTIFICATE OF INSURANCE ON
APPLICATION FOR AUTHORITY TO USE VEHICLE
-A State Government may make rules requiring the owner of any motor
vehicle when applying whether by payment of a tax or otherwise for
authority to use the vehicle in a public place to produce such evidence as
may be prescribed by those rules to the effect that either(a) on the date when the authority to use the vehicle comes into
operation there will be in force the necessary policy of insurance in
relation to the use of the vehicle by the applicant or by other persons on
his order or with his permission, or
(b) the vehicle is a vehicle to which section 146- docs not apply.
SECTION 160: DUTY TO FURNISH PARTICULARS OF VEHICLE
INVOLVED IN ACCIDENT
-A registering authority or the officer-in-charge of a police station shall, if
so required by a personwho alleges that he is entitled to claim
compensation in respect of an accident arising out of the use of a motor
vehicle, or if so required by an insurer against whom a claim has been
made in respect of any motor vehicle, furnish to that person or to that
insurer, as the case may be, on payment of the prescribed fee any
information at the disposal of the said authority or the said police officer
relating to the identification marks and other particulars of the vehicle
and the name and address of the person who was using the vehicle at the
time of the accident or was injured by it and the property, if any,
damaged in such form and within such time as the Central Government
may prescribe.
SECTION 161: SPECIAL PROVISIONS AS TO COMPENSATION IN CASE
OF BIT AND RUN MOTOR ACCIDENT
(1) For the purposes of this section, section 162- and section 163- (a) "grievous hurt" shall have the same meaning as in the Indian Penal
Code, 1860 (45 of 1860);
(b) "hit and run motor accident" means an accident arising out of the use
of
a motor vehicle or motor vehicles the identity whereof cannot be
ascertained in spite of reasonable efforts for the purpose;
(c) "scheme" means the scheme framed under section 163- .
(2) Notwithstanding anything contained in the General Insurance
Business (Nationalisation) Act, 1972 (57 of 1972) or any other law for the
time being in force or any instrument having the force of law, the General
Insurance Corporation of India formed under section 9- of the said Act
and the insurance companies for the time being carrying on general
insurance business in India shall provide for paying in accordance with
the provisions of this Act and the scheme, compensation in respect of the
death of, or grievous hurt to, persons resulting from hit and run motor
accidents.
(3) Subject to the provisions of this Act and the scheme, there shall be
paid as compensation(a) in respect of the death of any person resulting from a hit and run
motor
accident, a fixed sum of 84 [twenty-five thousand rupees];
(b) in respect of grievous hurt to any person resulting from a hit and run
motor accident, a fixed sum of 85 [twelve thousand and five hundred
rupees].
(4) The provisions of sub-section (1) of section 166- shall apply for the
purpose of making applications for compensation under this section as
they apply for the purpose of making applications for compensation
referred to in that sub-section.
SECTION 162: REFUND IN CERTAIN CASES OF COMPENSATION PAID
UNDER SECTION 161
(1) The payment of compensation in respect of the death of, or grievous
hurt to, any person under section 161- shall be subject to the condition
that if any compensation (hereafter in this sub-section referred to as the
other compensation) or other amount in lieu of or by way of satisfaction
of a claim for compensation is awarded or paid in respect of such death
or grievous hurt under any other provision of this Act or any other law or
otherwise so much of the other compensation or other amount aforesaid
as is equal to the compensation paid under section 161- shall be
refunded to the insurer.
(2) Before awarding compensation in respect of an accident involving the
death of, or bodily injury to, any person arising out of the use of a motor
vehicle or motor vehicles under any provision of this Act (other than
section 161- ) or any other law, the Tribunal, Court or other authority
awarding such compensation shall verify as to whether in respect of
such death or bodily injury compensation has already been paid under
section 161- or an application for payment of compensation is pending
under that section, and such Tribunal, Court or other authority shall,(a) if compensation has already been paid under section 161- , direct the
person liable to pay the compensation awarded by it to refund to the
insurer,
so much thereof as is required to be refunded in accordance with the
provisions of sub-section (1);
(b) if an application for payment of compensation is pending under
section 161- forward the particulars as to the compensation awarded by
it to the insurer,
SECTION 163: SCHEME FOR PAYMENT OF COMPENSATION IN CASE
OF HIT AND RUN MOTORACCIDENTS
(1) The Central Government may, by notification in the Official Gazette,
make a scheme specifying, the manner in which the scheme shall be
administered by the General Insurance Corporation, the form, manner
and the time within which applications for compensation may be made,
the officers or authorities to whom such applications may be made, the
procedure to be followed by such officers or authorities for considering
and passing orders on such applications, and all other matters
connected with, or incidental to, the administration of the scheme and
the payment of compensation.
(2) A scheme made under sub-section (1) may provide that(a) a contravention of any provision thereof shall be punishable with
imprisonment for such term as may be specified but in no case exceeding
three months, or with fine which may extend to such amount as may be
specified but in no case exceeding five hundred rupees or with both;
(b) the powers, functions or duties conferred or imposed on any officer or
authority by such scheme may be delegated with the prior approval in
writing of the Central Government, by such officer or authority to any
other officer or authority;
(c) any provision of such scheme may operate with retrospective effect
from a date not earlier than the date of establishment of the Solatium
Fund under the Motor Vehicles Act, 1939 (4 of 1939) as it stood
immediately before the commencement of this Act: Provided that no such
retrospective effect shall be given so as to prejudicially affect the
interests of any person who may be governed by such provision.
SECTION 163:A SPECIAL PROVISIONS AS TO PAYMENT OF
COMPENSATION ON STRUCTURED FORMULA BASIS
(1) Notwithstanding anything contained in this Act or in any other law for
the time being in force or instrument having the force of law, the owner of
the motor vehicle of the authorised insurer shall be liable to pay in the
case of death or permanent disablement due to accident arising out of
the use of motor vehicle, compensation, as indicated in the Second
Schedule, to the legal heirs or the victim, as the case may be.
(2) In any claim for compensation under sub-section (1), the claimant
shall not be required to plead or establish that the death or permanent
disablement in respect of which the claim has been made was due to any
wrongful act or neglect or default of the owner of the vehicle or vehicles
concerned or of any other person.
(3) The Central Government may, keeping in view the cost of living by
notification in the Official Gazette, from time to time amend the Second
Schedule.
SECTION 163B: OPTION TO FILE CLAIM IN CERTAIN CASES
-Where a person is entitled to claim compensation under section 140 and section 163A - , he shall file the claim under either of the said
sections and not under both.]
SECTION 164: POWER OF CENTRAL GOVERNMENT TO MAKE RULES
(1) The Central Government may make rules for the purpose of carrying
into effect the provisions of this Chapter, other than the matters
specified in section 159- .
(2) Without prejudice to the generality of the foregoing power, such rules
may provide for(a) the forms to be used for the purposes of this Chapter;
(b) the making of applications for and the issue of certificates of
insurance:
(c) the issue of duplicates to replace certificates of insurance lost,
destroyed or mutilated;
(d) the custody, production, cancellation and surrender of certificates of
insurance;
(e) the records to be maintained by insurers of policies of insurance
issued under this Chapter;
(f) the identification by certificates or otherwise of persons or vehicles
exempted from the provisions of this Chapter;
(g) the furnishing of information respecting policies of insurance by
insurers;
(h) adopting the provisions of this Chapter to vehicles brought into India
by
persons making only a temporary stay therein or to vehicles registered in
a reciprocating country and operating on any route or within any area in
India by applying those provisions with prescribed modifications;
(i) the form in which and the time limit within which the particulars
referred to in section 160- may be furnished; and
(j) any other matter which is to be, or may be, prescribed.
SECTION 165: CLAIMS TRIBUNALS
(1) A State Government may, by notification in the Official Gazette,
constitute one or more Motor Accidents Claims Tribunals (hereafter in
this Chapter referred to as Claims Tribunal) for such area as may be
specified in the notification for the purpose of adjudicating upon claims
for compensation in respect of accidents involving the death of, or bodily
injury to, persons arising out of the use of motor vehicles, or damages to
any property of a third party so arising, or both.
(2) A Claims Tribunal shall consist of such number of members as the
State Government may think fit to appoint and where it consists of two
or more members, one of them shall be appointed as the Chairman
thereof.
(3) A person shall not be qualified for appointment as a member of a
Claims Tribunal unless he(a) is, or has been, a Judge of a High Court, or
(b) is, or has been a District Judge, or
(c) is qualified for appointment as a High Court Judge 87 [or as a District
Judge.]
(4) where two or more Claims Tribunals are constiuted for any area, the
State Government, may by general or special order, regulate the
distribution of business among them.
SECTION 166: APPLICATION FOR COMPENSATION
(1) An application for compensation arising out of an accident of the
nature specified in sub-section (1) of section 165- may be made(a) by the person who has sustained the injury; or
(b) by the owner of the property; or
(c) where death has resulted from the accident, by all or any of the legal
representatives of the deceased; or
(d) by any agent duly authorised by the person injured or all or any of the
legal representatives of the deceased, as the case may be: Provided that
where all the legal representatives of the deceased have not joined in any
such application for compensation, the application shall be made on
behalf of or for the benefit of all the legal representatives of the deceased
and the legal representatives who have not so joined, shall be impleaded
as respondents to the application.
88 [(2) Every application under sub-section (1) shall be made, at the
option of the claimant, either to the Claims Tribunal having jurisdiction
over the area in which the accident occurred or to the Claims Tribunal
within the local limits of whose jurisdiction the claimant resides or
carries on business or within the local limits of whose jurisdiction the
defendant resides, and shall be in such form and contain such
particulars as may be prescribed: Provided that where no claim for
compensation under section 140 - is made in such application, the
application shall contain a separate statement to that effect immediately
before the signature of the applicant]. 89 [x x x] 88
[(4) The Claims Tribunal shall treat any report of accidents forwarded to
it under sub-section (6) of section 158- as an application for
compensation under this Act).
SECTION 167: OPTION REGARDING CLAIMS FOR COMPENSATION IN
CERTAIN CASES
-Notwithstanding anything contained in the Workmen's Compensation
Act, 1923 (8 of 1923) - where the death of, or bodily injury to, any person
gives rise to a claim for compensation under this Act and also under the
Workmen's Compensation Act, 1923 - , the person entitled to
compensation may without prejudice to the provisions of Chapter X
claim such compensation under either of those Acts but not under both.
SECTION 168: AWARD OF THE CLAIMS TRIBUNAL
(1) On receipt of an application for compensation made under section
166- , the Claims Tribunal shall, after giving notice of the application to
the insurer and after giving the parties (including the insurer) an
opportunity of being heard, hold an inquiry into the claim or, as the case
may be, each of the claims and, subject to the provisions of section 162may make an award determining the amount of compensation which
appears to it to be just and specifying the person or persons to whom
compensation shall be paid and in making the award the Claims
Tribunal shall specify the amount which shall be paid by the insurer or
owner or driver of the vehicle involved in the accident or by all or any of
them, as the case may be: Provided that where such application makes a
claim for compensation under section 140- in respect of the death or
permanent disablement of any person, such claim and any other claim
(whether made in such application or otherwise) for compensation in
respect of such death or permanent disablement shall be disposed of in
accordance with the provisions of Chapter X.
(2) The Claims Tribunal shall arrange to deliver copies of the award to the
parties concerned expeditiously and in any case within a period of fifteen
days from the date of the award.
(3) When an award is made under this section, the person who is
required to pay any amount in terms of such award shall, within thirty
days of the date of announcing the award by the Claims Tribunal,
deposit the entire amount awarded in such manner as the Claims
Tribunal may direct.
SECTION 169: PROCEDURE AND POWERS OF CLAIMS TRIBUNALS
(1) In holding any inquiry under section 168- , the Claims Tribunal may,
subject to any rules that may be made in this behalf, follow such
summary procedure as it thinks fit.
(2) The Claims Tribunal shall have all the powers of a Civil Court for the
purpose of taking evidence on oath and of enforcing the attendance of
witnesses and of compelling the discovery and production of documents
and material object and for such other purposes as may be prescribed;
and the Claims Tribunal shall be deemed to be a Civil Court for all the
purposes of section 195- and Chapter XXVI of the Code of Criminal
Procedure, 1973.
(3) Subject to any rules that may be made in this behalf, the Claims
Tribunal may, for the purpose of adjudicating upon any claim for
compensation, choose one or more persons possessing special
knowledge of and matter relevant to the inquiry to assist it in holding the
inquiry.
SECTION 170: IMPLEADING INSURER IN CERTAIN CASES
-Where in the course of any inquiry, the Claims Tribunal is satisfied
that(a) there is collusion between the person making the claim and the
person against whom the claim is made, or
(b) the person against whom the claim is made has failed to contest the
claim, it may, for reasons to .be recorded in writing, direct that the
insurer who may be liable in respect of such claim, shall be impleaded as
a party to the proceeding and the insurer so impleaded shall thereupon
have, without prejudice to the provisions contained in sub-section (2) of
section 149- , the right to contest the claim on all or any of the grounds
that are available to the person against whom the claim has been made.
SECTION 171: AWARD OF INTEREST WHERE ANY CLAIM IS ALLOWED
-Where any Claims Tribunal allows a claim for compensation made
under this Act, such Tribunal may direct that in addition to the amount
of compensation simple interest shall also be paid at such rate and from
such date not earlier than the date of making the claim as it may specify
in this behalf.
SECTION 172: AWARD OF COMPENSATORY COSTS IN CERTAIN
CASES
(1) Any Claims Tribunal adjudicating upon any claim for compensation
under this Act, may in any case where it is satisfied for reasons to be
recorded by it in writing that(a) the policy of insurance is void on the ground that it was obtained by
representation of fact which was false in any material particular, or
(b) any party or insurer has put forward a false or vexatious claim or
defence, such Tribunal may make an order for the payment, by the party
who is guilty of mis- repreaentation or by whom such claim or defence
has been put forward of special costs by way of compensation to the
insurer or,
as the case may be, to the party against whom such claim or defence has
been put forward.
(2) No Claims Tribunal shall pass an order for special costs under
subsection (1) for any amount exceeding one thousand rupees.
(3) No person or insurer against whom an order has been made under
this section shall by reason thereof be exempted from any criminal
liability in respect of such mis-representation, claim, or defence as is
referred to in sub-section (1).
(4) Any amount awarded by way of compensation under this section in
respect of any mis-representation, claim or defence, shall be taken into
account in any subssequent suit for damages for compensation in
respect of such mis-representation, claim or defence.
SECTION 173: APPEALS
(1) Subject to the provisions of sub-section (2), any person aggrieved by
an award of a Claims Tribunal may, within ninety days from the date of
the award, prefer an appeal to the High Court: Provided that no appeal
by the person who is required to pay any amount in terms of such award
shall be entertained by the High Court unless he has deposited with it
twenty-five thousand rupees or fifty percent, of the amount so awarded,
whichever is less, in the manner directed by the High Court: Provided
further that the High Court may entertain the appeal after the expiry of
the said period of ninety days, if it is satisfied that the appellant was
prevented by sufficient cause from preferring the appeal in time.
(2) No appeal shall lie against any award of a Claims Tribunal if the
amount in dispute in the appeal is less than ten thousand rupees
SECTION 174: RECOVERY OF MONEY FROM INSURER AS ARREAR OF
LAND REVENUE
-Where any amount is due from any person under an award, the Claims
Tribunal may, on an application made to it by the person entitled to the
amount, issue a certificate for the amount to the Collector and the
Collector shall proceed to recover the same in the same manner as an
arrear of land revenue.
SECTION 175: BAR ON JURISDICTION OF CIVIL COURTS
-Where any Claims Tribunal has been constituted for any area, no Civil
Court shall have jurisdiction to entertain any question relating to any
claim for compensation which may be adjudicated upon by the Claims
Tribunal for that area, and no injunction in respect of any action taken
or to be take by or before the Claims Tribunal in respect of the claim for
compensation shall be granted by the Civil Court.
SECTION 176: POWER OF STATE GOVERNMENT TO MAKE RULES
-A State Government may make rules for the purpose of carrying into
effect the provisions of sections 165 to 174 - , and in particular, such
rules may provide for all or any of the following matters, namely:(a) the form of application for claims for compensation and the
particulars it may contain, and the fees, if any, to be paid in respect of
such applications;
(b) the procedure to be followed by a Claims Tribunal in holding an
inquiry under this Chapter;
( c) the powers vested in a Civil Court which may be exercised by a
Claims Tribunal:
(d) the form and the manner in which and the fees (if any) on payment of
which an appeal may be preferred against an award of a Claims,
Tribunal; and
(e) any other matter which is to be, or may be, prescribed.
SECTION 177: GENERAL PROVISION FOR PUNISHMENT OF
OFFENCES
-Whoever contravenes any provision of this Act or of any rule, regulation
or notification made thereunder shall, if no penalty is provided for the
offence be punishable for the first offence with fine which may extend to
one hundred rupees, and for any second or subsequent offence with fine
which may extend to three hundred rupees.
SECTION 178: PENALTY FOR TRAVELLING WITHOUT PASS OR TICKET
AND FOR DERELICTION OF DUTY ON THE PART OF CONDUCTOR AND
REFUSAL TO PLY CONTRACT CARRIAGE ETC
(1) Whoever travels in a stage carriage without having a proper pass or
ticket with him or being in or having alighted from a stage carriage fails
or refuses to present for examination or to deliver up his pass or ticket
immediately on a requisition being made therefor, shall be punishable
with fine which may extend to five hundred rupees.
(2) If the conductor of a stage carriage, or the driver of a stage carriage
performing the functions of a conductor in such stage carriage, whose
duty is(a) to supply a ticket to a person travelling in a stage carriage on payment
of fare by such person, either wilfully or negligently,(i) fails or refuses to accept the fare when tendered, or (ii) fails or
refuses to supply a ticket, or (iii) supplies an invalid ticket, or (iv)
supplies a ticket of a lesser value, or
(b) to check any pass or ticket, either wilfully or negligently fails or
refuses to do so, he shall be punishable with fine which may extend to
five hundred rupees.
(3) If the holder of a permit or the driver of a contract carriage refuses, in
contravention of the provisions of this Act or rules made thereunder, to
ply the contract carriage or to carry the passengers, he shall,(a) in the case of two-wheeled or three-wheeled motor vehicles, be
punishable with fine which may extend to fifty rupees; and
(b) in any other case, be punishable with fine which may extend to two
hundred rupees
SECTION 179: DISOBEDIENCE OF ORDERS, OBSTRUCTION AND
REFUSAL OF INFORMATION
(1) Whoever wilfully disobeys any direction lawfully given by any person
or authority empowered under this Act to give such direction, or
obstructs any person or authority in the discharge of any functions
which such person or authority is required or empowered under this Act
to discharge, shall, if no other penalty is provided for the offence be
punishable with fine which may extend to five hundred rupees.
(2) Whoever, being required by or under this Act to supply any
information, wilfully withholds such information or gives information
which he knows to be false or which he docs not believe to be true, shall,
if no other penalty is provided for the offence, be punishable with
imprisonment for a term which may extend to one month, or with fine
which may extend to five hundred rupees, or with both.
SECTION 180: ALLOWING UNAUTHORISED PERSONS TO DRIVE
VEHICLES
-Whoever, being the owner or person in charge of a motor vehicle, causes
or permits, any other person who does not satisfy the provisions of
section 3 - or section 4 - to drive the vehicle shall be punishable with
imprisonment for a term which may extend to three months, or with fine
which may extend to one thousand rupees, or with both.
SECTION 181: DRIVING VEHICLES IN CONTRAVENTION OF SECTION
3 OR SECTION 4
-Whoever drives a motor vehicle in contravention of section 3 - or section
4 - shall be punishable with imprisonment for a term which may extend
to three months, or with fine which may extend to five hundred rupees,
or with both.
SECTION 182: OFFENCES RELATING TO LICENCES
(1) Whoever, being disqualified under this Act for holding or obtaining a
driving licence drives a motor vehicle in a public place of in any other
place, or applies for or obtains a driving licence or, not being entitled lo
have a driving licence issued to him free of endorsement, applies for or
obtains a driving licence without disclosing the endorsement made on a
driving licence previously held by him shall be punishable with
imprisonment for a term which may extend to three months, or with fine
which may extend to five hundred rupees or with both, and any driving
licence so obtained by him shall be of no effect.
(2) Whoever, being disqualified under this Act for holding or obtaining a
conductor's licence, acts as a conductor of a stage carriage in a public
place or applies for or obtains a conductor's licence or, not being entitled
to have a conductor's licence issued to him free of endorsement, applies
for or obtains a conductor's licence without disclosing the endorsements
made on a conductor's licence previously held by him, shall be
punishable with imprisonment for a term which may extend to one
month, or with fine which may extend to one hundred rupees, or with
both, and any conductor's licence so obtained by him shall be of no effect
SECTION 182:A PUNISHMENT FOR OFFENCES RELATING TO
CONSTRUCTION AND MAINTENANCE OFVEHICLES
-Any person who contravenes the provisions of sub-section (3) of section
109 - , shall be punishable with a fine of five thousand rupees for any
subsequent offence].
SECTION 183: DRIVING AT EXCESSIVE SPEED, ETC
(1) Whoever drives a motor vehicle in contravention of the speed limits
referred to in section 112- shall be punishable with fine which may
extend to four hundred rupees, or, if having been previously convicted of
an offence under this sub-section is again convicted of an offence under
this sub- section, with fine which may extend to one thousand rupees.
(2) Whoever causes any person who is employed by him or is subject to
his control in driving to drive a motor vehicle in contravention of the
speed limits referred to in section 112- shall be punishable with fine
which may extend to three hundred rupees, or, if having been previously
convicted of an offence under this sub-section, is again convicted of an
offence under this sub-section, with fine which may extend to five
hundred rupees.
(3) No person shall be convicted of an offence punishable under
subsection (1) solely on the evidence of one witness to the effect that in
the opinion of the witness such person was driving at a speed which was
unlawful, unless that opinion is shown to be based on an estimate
obtained by the use of some mechanical device.
(4) The publication of a time table under which or the giving of any
direction that any journey or part of a journey is to be completed within a
specified time shall, if in the opinion of the Court it is not practicable in
the circumstances of the case for that journey or part of a journey to be
completed in the specified time without contravening the speed limits
referred to in section 112- be prima facie evidence that the person who
published the time table or gave the direction has committed an offence
punishable under sub-section (2).
SECTION 184: DRIVING DANGEROUSLY
-Whoever drives a motor vehicle at a speed or in a manner which is
dangerous to the public, having regard to all the circumstances of the
case including the nature, condition and use of the place where the
vehicle is driven and the amount of traffic which actually is at the time or
which might reasonably be expected to be in the place, shall be
punishable for the first offence with imprisonment for a term which may
extend to six months or with fine which may extend to one thousand
rupees, and for any second or subsequent offence if committed within
three years of the commission of a previous similar offence with
imprisonment for a termwhich may extend to two years, or with fine
which may extend to two thousand rupees, or with both.
SECTION 185: DRIVING BY A DRUNKEN PERSON OR BY A PERSON
UNDER THE INFLUENCE OF DRUGS
- Whoever, while driving, or attempting to drive, a motor vehicle,- 91
[(a) has, in his blood, alcohol exceeding 30 mg. per l00ml. of blood
detected in a test by a breath analyser, or]
(b) is under the influence of a drug to such an extent as to be incapable of
exercising proper control over the vehicle, shall be punishable for the
first offence with imprisonment for a term which may extend to six
months, or with fine which may extend to two thousand rupees, or with
both; and for a second or subsequent offence, if committed within three
years of the commission of the previous similar offence, with
imprisonment for a term which may extend to two years, or with fine
which may extend to three thousand rupees, or with both
SECTION 186: DRIVING WHEN MENTALLY OR PHYSICALLY UNFIT TO
DRIVE
-Whoever drives a motor vehicle in any public place when he is to his
knowledge suffering from any disease or disability calculated to cause
his driving of the vehicle to be a source of danger to the public, shall be
punishable for the first offence with fine which may extend to two
hundred rupees and for a second or subsequent offence with fine which
may extend to five hundred rupees.
SECTION 187: PUNISHMENT FOR OFFENCES RELATING TO
ACCIDENT
-Whoever fails to comply with the provisions of clause (c) of sub-section
(1) of section 132 - or of section 133 - or section 134 - shall be punishable
with imprisonment for a term which may extend to three months, or with
fine which may extend to five hundred rupees, or with both or, if having
been previously convicted of an offence under this section, he is again
convicted of an offence under this section, with imprisonment for a term
which may extend to six months, or with fine which may extend to one
thousand rupees, or with both.
SECTION 188: PUNISHMENT FOR ABETMENT OF CERTAIN OFFENCES
-Whoever abets the commission of an offence under section 184 - or
section 185 - or section 186 - shall be punishable with the punishment
provided for the offence.
SECTION 189: RACING AND TRIALS OF SPEED
-Whoever without the written consent of the State Government permits
or takes part in a race or trial of speed of any kind between motor
vehicles in any public place shall be punishable with imprisonment for a
tern which may extend to one month, or with a fine which may extend to
five hundred rupees, or with both.
SECTION 190: USING VEHICLE IN UNSAFE CONDITION
(1) Any person who drives or causes or allows to be driven in any public
place a motor vehicle or trailer while the vehicle or trailer has any defect,
which such person knows of or could have discovered by the exercise of
ordinary care and which is calculated to render the driving of the vehicle
a source of danger to persons and vehicles using such place, shall be
punishable with fine which may extend to two hundred and fifty rupees
or, if as a result of such defect an accident is caused causing bodily
injury or damage to property, with imprisonment for a term which may
extend to three months, or with fine which may extend to one thousand
rupees, or with both.
(2) Any person who drives or causes or allows to be driven, in any public
place a motor vehicle, which violates the standards prescribed in relation
to road safety, control of noise and air-pollution, shall be punishable for
the first offence with a fine of one thousand rupees and for any second or
subsequent offence with a fine of two thousand rupees.
(3) Any person who drives or causes or allows to be driven, in any public
place a motor vehicle which violates the provisions of this Act or the rules
made thereunder relating to the carriage of goods which are of dangerous
or hazardous nature to human life, shall be punishable for the first
offence which may extend to three thousand rupees, or with
imprisonment for a term which may extend to one year, or with both, and
for any second or subsequent offence with fine which may extend to five
thousand rupees, or with imprisonment for a term which may extend to
three years, or with both.
SECTION 191: SALE OF VEHICLE IN OR ALTERATION OF VEHICLE TO
CONDITION CONTRAVENING THIS ACT
-Whoever being an importer of or dealer in motor vehicles, sells or
delivers or offers to sell or deliver a motor vehicle or trailer in such
condition that the use thereof in a public place would be in
contravention of Chapter VII or any rule made thereunder or alters the
motor vehicle or trailer so as to render its condition such that its use in a
public place would be in contravention of Chapter VII or any rule made
thereunder shall be punishable with fine which may extend to five
hundred rupees: Provided that no person shall be convicted under this
section if he proves that he had reasonable cause to believe that the
vehicle would not be used in a public place until it had been put into a
condition in which it might lawfully be so used.
SECTION 192: USING VEHICLES WITHOUT REGISTRATION
(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to
be used in contravention of the provisions of section 39- shall be
punishable for the first offence with a fine which may extend to five
thousand rupees but shall not be less than two thousand rupees for a
second or subsequent offence with imprisonment which may extend to
one year or with fine which may extend to ten thousand rupees but shall
not be less than five thousand rupees or with both : Provided that the
Court may, for reasons to be recorded, impose a lesser punishment.
(2) Nothing in this section shall apply to the use of a motor vehicle in an
emergency for the conveyance of persons suffering from sickness or
injuries or for the transport of food or materials to relieve distress or of
medical supplies for a like purpose: Provided that the person using the
vehicle reports about the same to the Regional Transport Authority
within seven days from the dale of such use.
(3) The Court to which an appeal lies from any conviction in respect of an
offence of the nature specified in sub-section (1), may set aside or vary
any order made by the court below, notwithstanding that no appeal lies
against the conviction in connection with which such order was made.
SECTION 192A: USING VEHICLES WITHOUT PERMIT
(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to
be used in contravention of the provisions of sub-section (1) of section
66- or in contravention of any condition of a permit relating to the route
on which or the area in which or the purpose for which the vehicle may
be used, shall be punishable for the first offence with a fine which may
extend to five thousand rupees but shall not be less than two thousand
rupees and for any subsequent offence with imprisonment which may
extend to one year but shall not be less than three months or with fine
which may extend to ten thousand rupees but shall not be less than five
thousand rupees or with both : Provided that the court may for reasons
to be recorded, impose a lesser punishment.
(2) Nothing in this section shall apply to the use of a motor vehicle in an
emergency for the conveyance of persons- suffering from sickness or
injury or for the transport of materials for repair or for the transport of
food or materials to relieve ditress or of medical supplies for a like
purpose: Provided that the person using the vehicle reports about the
same to the Regional Transport Authority within seven days from the
date of such use.
(3) The Court to which an appeal lies from any conviction in respect of an
offence of the nature specified in sub-section (1), may set aside or vary
any order made by the Court below, notwithstanding that no appeal lies
against the conviction in connection with which such order was made]
SECTION 193: PUNISHMENT OF AGENTS AND CANVASSERS
WITHOUT PROPER AUTHORITY
-Whoever engages himself as an agent or canvasser in contravention of
the provisions of section 93 - or of any rules made thereunder shall be
punishable for the first offence with fine which may extend to one
thousand rupees and for any second or subsequent offence with
imprisonment which may extend to six months, or with fine which may
extend to two thousand rupees, or with both.
SECTION 194: DRIVING VEHICLE EXCEEDING PERMISSIBLE WEIGHT
93[(1) Whoever drives a motor vehicle or causes or allows a
motor vehicle to be driven in contravention of the provisions of section
113- or section 114- or section 115- shall be punishable with minimum
fine of two thousand rupees and an additional amount of one thousand
rupees per tonne of excess load, together with the liability to pay charges
for offloading of the excess load].
(2) Any driver of a vehicle who refuses to stop and submit his vehicle to
weighing after being directed to do so by an officer authorised in this
behalf under section 114- or removes or causes the removal of the load
or part of it prior to weighing shall be punishable with fine which may
extend to three thousand rupees.
SECTION 195: IMPOSITION OF MINIMUM FINE UNDER CERTAIN
CIRCUMSTANCES
(1) Whoever having been convicted of an offence under this Act or the
rules made thereunder commits a similar offence on a second or
subsequent occasion within three years of the commission of the
previous offence, no Court shall, except for reasons to be recorded by it
in writing, impose on him a fine of less than one-fourth of the maximum
amount of the fine imposable for such offence.
(2) Nothing in sub-section (1) shall be construed as restricting the power
of the Court from awarding such imprisonment as it considers necessary
in the circumstances of the case not exceeding the maximum specified in
this Act in respect of that offence
SECTION 196: DRIVING UNINSURED VEHICLE
-Whoever drives a motor vehicle or causes or allows a motor vehicle to be
driven in contravention of the provisions of section 146 - shall be
punishable with imprisonment which may extend to three months, or
with fine which may extend to one thousand rupees, or with both.
SECTION 197: TAKING VEHICLE WITHOUT AUTHORITY
(1) Whoever takes and drives away any motor vehicle without having
either the consent of the owner thereof or other lawful authority shall be
punishable with imprisonment which may extend to three months, or
with fine which may extend to five hundred rupees, or with both:
Provided that no person shall be convicted under this section if the Court
is satisfied that such person acted in the reasonable belief that he had
lawful authority or in the reasonable belief that the owner would in the
circumstances of the case have given his consent if he had been asked
therefor.
(2) Whoever, unlawfully by force or threat of force or by any other form of
intimidation, seizes or exercises control of a motor vehicle, shall be
punishable with imprisonment which may extend to three months, or
with fine which may extend to five hundred rupees, or with both.
(3) Whoever attempts to commit any of the acts referred to in sub-section
(1) or sub-section (2) in relation to any motor vehicle, or abets the
commission of any such act, shall also be deemed to have committed an
offence under sub-section (1) or, as the case may be, sub-section (2)
SECTION 198: UNAUTHORISED INTERFERENCE WITH VEHICLE
-Whoever otherwise than with lawful authority or reasonable excuse
enters or moves any stationary motor vehicle or tampers with the brake
or any part of the mechanism of a motor vehicle shall be punishable with
fine which may extend to one hundred rupees.
SECTION 199: OFFENCES BY COMPANIES
(1) Where an offence under this Act has been committed by a company,
every person who, at the time the offence was committed, was in charge
of, and was responsible to, the company for the conduct of the business
of the company, as well as the company, shall be deemed to be guilty of
the contravention and shall be liable to be proceeded against and
punished accordingly: Provided that nothing in this sub-section shall
render any such person liable to any punishment provided in this Act, if
he proves that the offence was committed without his knowledge or that
he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company, and it is
proved that the offence was committed with the consent or connivance
of, or is attributable to any neglect on the part of any director, manager,
secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
SECTION 200: COMPOSITION OF CERTAIN OFFENCES
(1) Any offence whether committed before or after the commencement of
this Act punishable under section 177- , section 178- , section 179- ,
section 180- , section 181- , section 182- , sub-section (7) or sub-section
(2) of section 183- , section 184- , section 186- , 94 [ section 189- ,
subsection (2) of section 190- ,] section 191- . section 192- , section
194- , section 196- , or section 198- , may either before or after the
institution of the prosecution, be compounded by such officers or
authorities and for such amount as the State Government may, by
notification in the Official Gazette, specify in this behalf.
(2) Where an offence has been compounded under sub-section (1) the
offender, if in custody, shall be discharged and no further proceedings
shall be taken against him in respect of such offence.
SECTION 201: PENALTY FOR CAUSING OBSTRUCTION TO FREE FLOW
OF TRAFFIC
(1) Whoever keeps a disabled vehicle on any public place, in such a
manner, so as to cause impediment to the free flow of traffic, shall be
liable for penalty up to fifty rupees per hour, so long as it remains in that
position: Provided that the vehicle involved in accidents shall be liable for
penalty only from the time of completion of inspection formalities under
the law : 95 [Provided further that where the vehicle is removed by a
Government agency, towing charges shall be recovered from the vehicle
owner or person in-charge of such vehicle.]
96[(2) Penalties or towing charges under this section shall be recovered
by such officer or authority as the State Government may, by notification
in the Official Gazette, authorise].
SECTION 202: POWER TO ARREST WITHOUT WARRANT
(1) A police officer in uniform may arrest without warrant any person
who in his presence commits an offence punishable under section 184or section 185- or section 197- : Provided that any person so arrested in
connection with an offence punishable under section 185- shall, within
two hours of his arrest, be subjected to a medical examination referred to
in sections 203- and 204- by a registered medical practitioner failing
which he shall be released from custody.
97[(2) A police officer in uniform may arrest without warrant any person,
who has committed an offence under this Act, if such person refuses to
give his name and address].
(3) A police officer arresting without warrant the driver of a motor vehicle
shall if the circumstances so require take or cause to be taken any steps
he may consider proper for the temporary disposal of the vehicle.
SECTION 203: BREATH TESTS
-98[(1) A police officer in uniform or an officer of the Motor Vehicles
Department, as may be authorised in this behalf by that Department,
may require any person driving or attempting to drive a motor vehicle in
a public place to provide one or more specimens of breath for breath lest
there or nearby, if such police officer or officer has any reasonable cause
to suspect him of having committed an offence under section 185- :
Provided that requirement for breath lest shall be made (unless, it is
made) as soon as reasonably practicable after the commission of such
offence.]
(2) If a motor vehicle is involved in an accident in a public place and a
police officer in uniform has any reasonable cause to suspect that the
person who was driving the motor vehicle at the lime of the accident had
alcohol in his blood or that he was driving under the influence of a drug
referred to in section 185- he may require the person so driving the
motor vehicle, to provide a specimen of his breath for a breath test(a) in the case of a person who is at a hospital as an indoor patient, at the
hospital,
(b) in the case of any other person, either at or near the place where the
requirement is made, or, if the police officer thinks fit. at a police station
specified by the police officer: Provided that a person shall not be
required to provide such a specimen while at a hospital as an indoor
patient if the registered medical practitioner in immediate charge of his
case is not first notified of the proposal to make the requirement or
objects to the provision of a specimen on the ground that its provision or
the requirement to provide it would be prejudicial to the proper care or
treatment of the patient.
(3) If it appears to a police officer in uniform, in consequence of a breath
test carried out by him on any person under sub-section (1) or
sub-section (2) that the device by means of which the test has been
carried out indicates the presence of alcohol in the person's blood, the
police officer may arrest that person without warrant except while that
person is at a hospital as an indoor patient.
(4) If a person, required by a police officer under sub-section (1) or
subsection (2) to provide a specimen of breath for a breath test- refuses
or fails to do so and the police officer has reasonable cause to suspect
him of having alcohol in his blood the police officer may arrest him
without warrant except while he is at a hospital as an indoor patient.
(5) A person arrested under this sect- shall while at a police station, be
given an opportunity to provide a specimen of breath for a breath test
there.
(6) The results of a breath test made in pursuance of the provisions of
this section shall be admissible in evidence.
SECTION 204: LABORATORY TEST
(1) A person who has been arrested under section 203- may, while at a
police station be required by a police officer to provide to such registered
medical practitioner as may be produced by such police officer, a
specimen of his blood for a laboratory test if,(a) it appears to the police officer that the device, by means of which
breath test was taken in relation to such person, indicates the presence
of alcohol in the blood of such person, or
(b) such person when given the opportunity to submit to a breath test,
has refused, omitted or failed to do so: Provided that where the person
required to provide such specimen is a female and the registered medical
practitioner produced by such police officer is a male medical
practitioner, the specimen shall be taken only in the presence of a
female, whether a medical practitioner or not.
(2) A person while at a hospital as an indoor patient may be required by a
police officer to provide at the hospital a specimen of his blood for a
laboratory test(a) if it appears to the police officer that the device by means of which test
is carried out in relation to the breath of such person indicates the
presence of alcohol in the blood of such person, or
(b) if the person having been required, whether at the hospital or
elsewhere, to provide a specimen of breath for a breath test, has refused,
omitted or failed to do so and a police officer has reasonable cause to
suspect him of having alcohol in his blood: Provided that a person shall
not be required to provide a specimen of his blood for a laboratory test
under this sub-section if the registered medical practitioner in
immediate charge of his case is not first notified of the proposal to make
the requirement or objects to the provision of such specimen on the
ground that its provision or the requirement to provide it would be
prejudicial to the proper care or treatment of the patient.
(3) The results of a laboratory test made in pursuance of this section
shall be admissible in evidence.
SECTION 205: PRESUMPTION OF UNFITNESS TO DRIVE
-In any proceeding for an offence punishable under section 185 - if it is
proved that the accused, when requested by a police officer at any time
so to do, had refused, omitted or failed to consent to the taking of or
providing a specimen of his breath for a breath test or a specimen of his
blood for a laboratory test, his refusal, omission or failure may, unless
reasonable cause therefor is shown, be presumed to be a circumstance
supporting any evidence given on behalf of the prosecution, or rebutting
any evidence given on behalf of the defence, with respect to his condition
at that time.
SECTION 206: POWER OF POLICE OFFICER TO IMPOUND DOCUMENT
(1) Any police officer or other person authorised in this behalf by the
State Government may, if he has reason to believe that any identification
mark carried on a motor vehicle or any licence, permit, certificate of
registration, certificate of insurance or other document produced to him
by the driver or person in charge of a motor vehicle is a false document
within the meaning of section 164 of the Indian Penal Code, 1860 (45 of
1860) seize the mark or document and call upon the driver or owner of
the vehicle to account for his possession of or the presence in the vehicle
of such mark or document
(2) Any police officer or other person authorised in this behalf by the
State Government may, if he has reason to believe that the driver of a
motor vehicle who is charged with any offence under this Act may
abscond or otherwise avoid the service of a summons, seize any licence
held by such driver and forward it into the Court taking cognizance of the
offence and the said Court shall on the first appearance of such driver
before it, return the licence to him in exchange for the temporary
acknowledgement given under sub-section (3).
(3) A police officer or other person seizing a licence under sub-section (2)
shall give to the person surrendering the licence a temporary
acknowledgement therefor and such acknowledgement shall authorise
the holder to drive until the licence has been returned to him or until
such date as may be specified by the police officer or other person in the
acknowledgement, whichever is earlier. Provided that if any Magistrate,
police officer or other person authorised by the State Government in this
behalf is, on an application made to him, satisfied that the licence
cannot be, or has not been, returned to the holder thereof before the date
specified in the acknowledgement for any reason for which the holder is
not responsible, the Magistrate, police officer or other person, as the case
may be, may extend the period of authorization to drive to such date as
may be specified in the acknowledgement.
SECTION 207: POWER TO DETAIN VEHICLES USED WITHOUT
CERTIFICATE OF REGISTRATION PERMIT, ETC
(1) Any police officer or other person authorised in this behalf by the
State Government may, if he has reason to believe that a motor vehicle
has been or is being used in contravention of the provisions of section 3or section 4- or section 39- or without the permit required by sub-section
(1) of section 66- or in contravention of any condition of such permit
relating to the route on which or the area in which or the purpose for
which the vehicle may be used, seize and detain the vehicle, in the
prescribed manner and for this purpose take or cause to be taken any
steps he may consider proper for the temporary safe custody of the
vehicle: Provided that where any such officer or person has reason to
believe that a motor vehicle has been or is being used in contravention of
section 3- or section 4- or without the permit required by sub-section (1)
of section 66- he may, instead of seizing the vehicle, seize the certificate
of registration of the vehicle and shall issue an acknowledgement in
respect thereof.
(2) Where a motor vehicle has been seized and detained under
sub-section (1), the owner or person in charge of the motor vehicle may
apply to the transpart authority or any officer authorised in this behalf
by the State Government together with the relevant documents for the
release of the vehicle and such authority or officer may, after verification
of such documents, by order release the vehicle subject to such
conditions as the authority or officer may deem fit to impose.
SECTION 208: SUMMARY DISPOSAL OF CASES
(1) The Court taking cognizance of any offence (other than an offence
which the Central Government may by rules specify in this behalf) under
this Act,(i) may, if the offence is an offence punishable with imprisonment under
this Act; and
(ii) shall, in any other case, state upon the summons to be served on the
accused person that he(a) may appear by pleader or in person; or
(b) may, by a specified date prior to the hearing of the charge, plead
guilty to the charge and remit to the Court, by money order, such sum
(not exceeding the maximum fine that may be imposed for the offence) as
the Court may specify, and the plea of guilt indicated in the money order
coupon itself: Provided that the Court shall, in the case of any of the
offences referred to in sub-section (2), state upon the summons that the
accused person,
if he pleads guilty, shall so plead in the manner specified in clause (b)
and shall forward his driving licence to the Court with his letter
containing such plea.
(2) Where the offence dealt with in accordance with sub-section (1) is an
offence specified by the Central Government by rules for the purposes of
this subsection, the Court shall, if the accused person pleads guilty to
the charge and forward his driving licence to the Court with the letter
containing his plea, make an endorsement of such conviction on his
driving licence.
(3) Where an accused person pleads guilty and remits the sum specified
and has complied with the provisions of sub-section (1), or as the case
may be, subsections (1) and (2), no further proceedings in respect of the
offence shall be taken against him nor shall he be liable,
notwithstanding anything to the contrary contained in this Act. to be
disqualified for holding or obtaining a licence by reason of his having
pleaded guilty
SECTION 209: RESTRICTION ON CONVICTION
-No person prosecuted for an offence punishable under section 183 - or
section 184 - shall be convicted unless(a) he was warned at the time the offence was committed that the
question of prosecuting him would be taken into consideration, or
(b) within fourteen days from the commission of the offence, a notice
specifying the nature of the offence and the time and place where it is
alleged to have been committed was served on or sent by registered post
to him or the person registered as the owner of the vehicle at the time of
the commission of the offence, or
(c) within twenty-eight days of the commission of the offence, a summons
for the offence was served on him: Provided that nothing, in this section
shall apply where the Court is satisfied that(a) the failure to serve the notice or summons referred to in this
sub-section was due to the fact that neither the name and address of the
accused nor the name and address of the registered owner of the vehicle
could with reasonable diligence have been ascertained in time, or
(b) such failure was brought about by the conduct of the accused.
SECTION 210: COURTS TO SEND INTIMATION ABOUT CONVICTION
-Every Court by which any person holding a driving licence is convicted
of an offence under this Act or of an offence in the commission of which a
motor vehicle was used, shall send intimation to(a) the licensing authority which issued the driving licence, and
(b) the licensing authority by whom the licence was last renewed, and
every such intimation shall state the name and address of the holder of
the licence. the licence number, the date of issue and renewal of the
same, the nature of the offence, the punishment awarded for the same
and such other particulars as may be prescribed.
SECTION 211: POWER TO LEVY FEE
-Any rule which the Central Government or the State Government is
empowered to make under this Act may, notwithstanding the absence of
any express provision to that effect, provide for the levy of such fees in
respect of applications, amendment of documents, issue of certificates,
licences,
permits,
tests,
endorsements,
badges,
plates,
countersignatures, authorisation, supply of statistics or copies of
documents or orders and for any other purpose or matter involving the
rendering of any service by the officers or authorities under this Act or
any rule made thereunder as may be considered necessary: Provided
that the Government may. if it considers necessary so to do, in the public
interest, by general or special order, exempt any class of persons from
the payment of any such fee either in part or in full.
SECTION 212: PUBLICATION, COMMENCEMENT AND LAYING OF
ROLES AND NOTIFICATIONS.
(1) The power to make rules under this Act is subject to the condition of
the rules being made after previous publication.
(2) All rules made under this Act shall be published in the Official
Gazette, and shall unless some later date is appointed, come into force
on the date of such publication.
(3) Every rule made by any State Government shall be laid, as soon as
may be after it is made before the State Legislature.
(4) Every rule made by the Central Government under this Act, every
scheme made by the Central Government under sub-section (1) of
section 75- and sub-section (1) of section 163- and every notification
issued by the Central Government under sub-section (4) of section 41- ,
sub-section (1) of section 58- , sub-section (1) of section 59- , the proviso
to subsection (1) of section 112- , 99 [sub-section (4) of section 163A- ]
and sub-section (4) of section 213- shall be laid, as soon as may be after
it is made, before each House of Parliament while it is in session for a
total period of thirty days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule, scheme or
notification or both Houses agree that the rule or scheme should not be
made or the notification should not be issued, the rule, scheme or
notification shall thereafter have effect only in such modified form or be
of no effect as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that rule, scheme or notification.
SECTION 213: APPOINTMENT OF MOTOR VEHICLES OFFICERS
(1) The State Government may, for the purpose of carrying into effect the
provisions of this Act, establish a Motor Vehicles Department and
appoint as officers thereof such persons as it thinks fit.
(2) Every such officer shall be deemed to be a public servant within the
meaning of the Indian Penal Code, 1860 (45 of 1860).
(3) The State Government may make rules to regulate the discharge by
officers of the Motor Vehicles Department of their functions and in
particular and without prejudice to the generality of the foregoing power
to prescribe the uniform to be worn by them, the authorities to which
they shall be subordinate, the duties to be performed by them, the
powers (including the powers exercisable by police officers under this
Act) to be exercised by them, and the conditions governing the exercise of
such powers.
(4) The Central Government may, having regard to the objects of the Act,
by notification in the Official Gazette, prescribe the minimum
qualifications which the said officers or any class thereof shall possess
for being appointed as such.
(5) In addition to the powers that may be conferred on any officer of the
Motor Vehicles Department under sub-section (3), such officer as may be
empowered by the State Government in this behalf shall also have the
power to,(a) make such examination and inquiry as he thinks fit in order to
ascertain
whether the provisions of this Act and the rules made thereunder are
being observed;
(b) with such assistance, if any, as he thinks fit, enter, inspect and
search any premises which is in the occupation of a person who, he has
reason to believe, has committed an offence under this Act or in which a
motor vehicle in respect of which such offence has been committed is
kept: Provided that,(i) any such search without a warrant shall be made only by an officer of
the rank of a Gazetted Officer;
(ii) where the offence is punishable with fine only the search shall not be
made after sunset and before, sunrise;
(iii) where the search is made without a warrant, the Gazetted Officer
concerned shall
record in writing the grounds for not obtaining a warrant and report to
his immediate superior that such search has been made;
(c) examine any person and require the production of any register or
other document maintained in pursuance of this Act, and take on the
spot or otherwise statements of any person which be may consider
necessary for carrying out the purposes of this Act;
(d) seize or take copies of any registers or documents or portions thereof
as he may consider relevant in respect of an offence under this Act which
he has reason to believe has been committed;
(e) launch prosecutions in respect of any offence under this Act and to
take a bond for ensuring the attendance of the offender before any Court;
(f) exercise such other powers as may be prescribed: Provided that no
person shall be compelled under this sub-section to answer any question
or make any statement tending to incriminate himself.
(6) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974)
shall, so far as may be apply to any search or seizure under this section
as they apply to any search or seizure under the authority of any warrant
issued under section 94- of the Code.
SECTION 214: EFFECT OF APPEAL AND REVISION ON ORDERS
PASSED BY ORIGINAL AUTHORITY
(1) Where an appeal has been preferred or an application for revision has
been made against any order passed by an original authority under this
Act, the appeal or the application for revision shall not operate as a stay
of the order passed by the original authority and such order shall remain
in force pending the disposal of the appeal or the application for revision,
as the case may be, unless the prescribed appellate authority or
revisional authority otherwise directs.
(2) Notwithstanding anything contained in sub-section (1), if an
application made by a person for the renewal of permit has been rejected
by the original authority and such person has preferred an appeal or
made an application for revision under this Act against such rejection,
the appellate authority or, as the case may be, the revisional authority
may by order direct that the permit shall, notwithstanding the expiration
of the term specified therein, continue to be valid until the appeal or
application for revision is disposed of.
(3) No order made by a competent authority under this Act shall be
reversed or altered on appeal or revision on account of any error,
omission or irregularity in the proceedings, unless it appears to the
prescribed appellate authority or revisional authority, as the case may
be, that such error, omission or irregularity has, in fact, occasioned a
failure of justice.
SECTION 215: ROAD SAFETY COUNCILS AND COMMITTEES
(1) The Central Government may, by notification in the Official Gazette,
constitute for the country a National Road Safety Council consisting of a
Chairman and such other members as that Government considers
necessary and on such terms and conditions as that Government may
determine.
(2) A State Government may, by notification in the Official Gazette,
constitute for the State a State Road Safety Council consisting of a
Chairman and such other members as that Government considers
necessary and on such terms and conditions as that Government may
determine.
(3) A State Government may, by notification in the Official Gazette,
constitute District Road Safety Committee for each district in the State
consisting of a Chairman and such other members as that Government
considers necessary and on such terms and conditions as that
Government may determine.
(4) The Councils and Committees referred to in this section shall
discharge such functions relating to the road safety programmes as the
Central Government or the State Government, as the case may be, may,
having regard to the objects of the Act, specify.
SECTION 216: POWER TO REMOVE DIFFICULTIES
(1) If any difficulty arises in, giving effect to the provisions of this Act, the
Central Government may, by order published in the Official Gazette,
make such provisions, not inconsistent with the provisions of this Act as
appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of
three years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it
is made, be laid before each House of Parliament.
SECTION 217: REPEAL AND SAVINGS
(1) The Motor Vehicles Act, 1939 (4 of 1939) and any law corresponding
to that Act in force in any State immediately before the commencement
of this Act in that State (hereafter in this section referred to as the
repealed enactments) are hereby repealed.
(2) Notwithstanding the repeal by sub-section (1) of the repealed
enactments,(a) any notification, rule, regulation, order or notice issued, or any
appointment or declaration made, or exemption granted or any
confiscation made, or any penalty or fine imposed, any forfeiture,
cancellation or any other thing done or any other action taken under the
repealed enactments, and in force immediately before such
commencement shall, so far as it is not inconsistent with the provisions
of this Act, be deemed to have been issued, made, granted, done or taken
under the corresponding provision of this Act;
(b) any certificate of fitness or registration or licence or permit issued or
granted under the repealed enactments shall continue to have effect
after such commencement under the same conditions and for the same
period as if this Act had not been passed;
(c) any document referring to any of the repealed enactments or the
provisions thereof, shall be construed as referring to this Act or to the
corresponding provision of this Act;
(d) the assignment of distinguishing marks by the registering authority
and the manner of display on motor vehicles in accordance with the
provision of the repealed enactments shall, after the commencement of
this Act, continue to remain in force until a notification under
sub-section (6) of section 41- of this Act is issued;
(e) any scheme made under section 68C of the Motor Vehicles Act, 1939
(4 of 1939) or under the corresponding law, if any, in force in any State
and pending immediately before the commencement of this Act shall be
disposed of in accordance with the provisions of section 100 of this Act;
(f) the permits issued under sub-section (1A) of section 68F of the Motor
Vehicles Act, 1939 (4 of 1939) or under the corresponding provision, if
any, in force in any State immediately before the commencement of this
Act shall continue to remain in force until the approved scheme under
Chapter VI of this Act is published.
(3) Any penalty payable under any of the repealed enactments may be
recovered in the manner provided by or under this Act, but without
prejudice to any action already taken for the recovery of such penalty
under the repealed enactments.
(4) The mention of particular matters in this section shall not be held to
prejudice or affect the general application of section 6 of the General
Clauses Act, 1897 (10 of 1897) with regard to the effect of repeals.
SECTION 217A: RENEWAL OF PERMITS, DRIVING LICENCES AND
REGISTRATION GRANTED UNDER THE MOTOR VEHICLES ACT, 1939.
Notwithstanding the repeal by sub-section (1) of Section 217 of the
enactments referred to in that sub-section, any certificate of fitness or
registration or licence or permit issued or granted under the said
enactments may be renewed under this Act."
Footnotes:
1. Omitted by Act 54 of 1994, see 2 (w.e.f. 14.11.1994).
2. Subs. by Act 54 of 1994, sec. 2, for "6000" (w.e.f. 14.11.1994).
3. Ins. by. Act 54 of 1994, sec. 2, for "6000" (w.e.f. 14.11.1994).
4. Subs. by Act 54 of 1994, sec. 2, for "6000" (w.e.f. 14.11.1994)., for
"thirty-five cubic centimetres".
5. Subs. by Act 54 of 1994, sec. 2 (w.e.f. 14.11.1994).
6. Ins. by Act 54 of 1994, sec. 2 (w.e.f. 14.11.1994).
7. Subs. by Act 54 of 1994, sec. 3, for "a motor cab" (w.e.f. 14.11.1994).
8. Subs. by Act 54 of 1994, sec. 3, for "a motor cab"., sec. 4, for "a motor
cycle without gear" (w.e.f. 14.11.1994).
9. Subs. by Act 54 of 1994. sec. 5 (w.e.f. 14.11.1994).
11. Subs. by Act 54 of 1994, sec. 7 (w.e.f. 14.11.1994).
12. Subs. by Act 54 of 1994, sec. 8, for clauses (e) to (h) (w.e.f.
14.11.1994).
13. Word "and" omitted by Act 54 of 1994, sec. 9 (w.e.f. 14.11.1994).
14. Subs. by Act 54 of 1994, sec. 9 (w.e.f. 14.11.1994)., for "forty years".
15. Subs. by Act 54 of 1994, sec. 9 (w.e.f. 14.11.1994)., for "forty years".
16. Subs. by Act 54 of 1994, sec. 10, for "printed copy" (w.e.f.
14.11.1994).
17. Subs. by Act 54 of 1994, sec. 11, for "original registering authority"
(w.e.f. 14.11.1994).
18. Subs. by Act 54 of 1994, sec. 12, for "with a body" (w.e.f.
14.11.1994).
19. Ins. by Act 54 of 1994, sec. 12, for "with a body" (w.e.f. 14.11.1994).
20. Ins. by Act 54 of 1994, sec. 13 (w.e.f. 14.11.1994).
21. Subs. by Act 54 of 1994, sec. 14, for "original registering authority"
(w.e.f. 14.11.1994).
22. Ins. by Act 54 of 1994, sec. 14, for "original registering authority"
(w.e.f. 14.11.1994).
23. Ins. by Act 54 of 1994, sec. 14.
24. Subs. by Act 54 of 1994, sec. 14., for "under section 47, make and
application" (w.e.f. 14.11.1994).
25. Ins. by Act 54 of 1994, see. 14 (w.e.f. 14.11.1994).
26. Subs. by .Act 54 of 1994, sec 14 (w.e.f. 14.11.1994).
29. Substituted for section 52 "52 Alteration in motor vehicle -(1) No
owner of a molar vehicle shall so alter the vehicle that the particulars
contained in the certificate of registration are no longer accurate, unless(a) he has given notice to the registering authority within whose
jurisdiction he has the residence or the place of business where the
vehicle is normally kept, as the case may be, of the alteration he
proposes to make; and (b) he has obtained the approval of that
registering authority to make such alteration: Provided that it shall not
be necessary to obtain such approval for making any change in the
unladen weight of the motor vehicle consequent on the addition or
removal of fitting or accessories, if such change does not exceed two per
cent of the weight entered in the certificate of registration. [Provided
further that modification of the engine, or any part thereof, of a vehicle
for facilitating its operation by a different type of fuel or source of energy
including battery, compressed natural gas, solar power or any other fuel
or source of energy other than liquid petroleum gas shall be treated as an
alteration but that shall be subject to such conditions as may be
prescribed.] (2) Where a registering authority receives a notice under
sub-section (1), it shall, within seven days of the receipt thereof,
communicate, by post, to the owner of the vehicle its approval to the
proposed alteration or otherwise: Provided that where the owner of the
motor vehicle has not received any such communication within the said
period of seven days, the approval of such authority to the proposed
alteration shall be deemed to have been given. (3) Notwithstanding
anything contained in sub-section (1), a State Government may, by
notification in Official Gazette, authorise, subject to such conditions as
may be specified in the notification, the owners of not less than ten
transport vehicles to alter any vehicle owned by them so as to replace the
engine thereof without the approval of the registering authority. (4)
Where any alteration has been made in a motor vehicle either with the
approval of registering authority given or deemed to have been given
under sub-section (2) or by reason of replacement of its engine without
such approval under sub-section (3), the owner of the vehicle shall,
within fourteen days of the making of the alteration, report the alteration
to the registering authority within whose jurisdiction he resides and
shall forward the certificate of registration to that authority together with
the prescribed fee in order that particulars of the alteration may be
entered therein. (5) A registering authority other than the original
registering authority making any such entry shall communicate the
details of the entry to the original registering authority. [(6) No person
holding a vehicle under a hire-purchase agreement shall make any
alteration to the vehicle for which approval of the registering authority is
required under sub-section (1), except with the written consent of the
registered owner. " by the Motor Vehicles (Amendment) Act, 2000.
30. Ins. by Act 54 of 1994, sec. 16 (w.e.f. 14.11.1994).
31. Subs. by Act 54 of 1994. sec. 17 (w.e.f. 14.11.1994).
32. Subs. by Act 54 of 1994, sec. 18, for "maximum safe laden weight"
(w.e.f. 14.11.1994)
33. Omitted for "sub-section(4) of section 58 "(4) When by reason of any
alteration in such vehicle, including an alteration in the number, nature
or size of its tyres, the gross vehicle weight of the vehicle or the registered
axle weight of any of its axles no longer accords with the provisions of
sub-section (3), the provisions of section 52 shall apply and the
registering authority shall enter in the certificate of registration of the
vehicle revised registered weights which accord with the said
sub-section." by the Motor Vehicles (Amendment) Act, 2000
34. Ins. by Act 54 of 1994, sec. 19 (w.e.f. 14.11.1994).
35. Added by Act 54 of 1994, sec. 20 (w.e.f. 14.11.1994).
36. Subs. by Act 54 of 1994, sec. 20 (w.e.f. 14.11.1994).
37. Omitted for "(h) to any transport vehicle owned by, and used solely
for the purposes of, any educational institution which is recognised by
the Central or State Government or whose managing committee is a
society registered under the Societies Registration Act, 1960 (21 of 1960)
or under any law corresponding to that Act in force in any part of India;"
by the Motor Vehicles (Amendment) Act, 2000
38. Ins. by Act 54 of 1994, sec. 22 (w.e.f. 14.11.1994).
39. Proviso omitted by Act 54 of 1994, sec. 23 (w.e.f. 14.11.1994).
40. Word "or" omitted by Act 54 of 1994, sec. 23 (w.e.f. 14.11.1994).
41. Ins. by Act 54 of 1994, sec. 23 (w.e.f. 14.11.1994).
42. Sub-clauses (4) and (5) omitted by Act 54 of 1994, sec. 23 (w.e.f.
14.11.1994).
43. Subs. by Act 54 of 1994, sec. 24, for "motorcabs to persons desiring
to drive the cabs" (w.e.f. 14.11.1994).
44. Subs. by Act 54 of 1994, sec 25, for "Regional Transport Authority"
(w.e.f. 14.11.1994).
45. Subs. by Act 54 of 1994, sec. 25, for "Regional Transport Authority"
(w.e.f. 14.11.1994).
47. Subs. by Act 54 of 1994, sec. 27, for "grant a special permit in
relation to a vehicle covered" (w.e.f. 14.11.1994).
48. Subs. by Act 54 of 1994, sec. 27, for "grant a special permit in
relation to a vehicle covered" (w.e.f. 14.11.1994)
49. Sub-clause (10) omitted by Act 54 of 1994, sec. 27, for "grant a
special permit in relation to a vehicle covered" (w.e.f. 14.11.1994).
50. Subs. by Act 54 of 1994, sec. 27, for "and 89" (w.e.f. 14.11.1994).
51. Sub-clause (13) omitted by Act 54 of 1994, sec. 27, for "and 89"
(w.e.f. 14.11.1994).
52. Subs. by Act 54 of 1994, sec. 28 (w.e.f. 14.11.1994).
53. Subs. by Act 54 of 1994, sec. 29 (w.e.f. 14.11.1994).
54. Renumbered by Act 54 of i994, sec. 30 (w.e.f. 14.11.1994).
55. Ins. by Act 54 of 1994, sec. 30 (w.e.f. 14.11.1994).
56. Ins. by Act 54 of 1994, sec. 31 (w.e.f. 14.11.1994).
57. Subs. by Act 54 of 1994, sec. 31 (w.e.f. 14.11.1994).
58. Ins. by Act 54 of 1994, sec. 31 (w.e.f. 14.11.1994).. sec. 32.
59. Ins. by Act 54 of 1994 sec. 33 (w.e.f. 14.11.1994).
60. Clause (g) omitted by Act 54 of 1994 sec. 33 (w.e.f. 14.11.1994).
61. Subs. by Act 54 of 1994, sec. 34, for "heavy goods vehicles or heavy
passenger motor vehicles" (w.e.f. 14.11.1994).
62. Subs. by ,Act 54 of 1994, sec. 34, for "heavy goods vehicles or heavy
passenger motor vehicles" (w.e.f. 14.11.1994)
63. Subs. by Act 54 of 1994, see. 36, for "the Schedule" (w.e.f.
14.11.1994).
64. Subs. by Act 54 of 1994, sec. 37 (w.e.f. 14.11.1994).
65. Subs. by Act 54 of 1994, sec. 37., for "highway" (w.e.f. 14.11.1994).
66. Subs. by Act 54 of 1994, sec. 37., sec. 38 (w.e.f. 14.11.1994).
67. Subs. by Act 54 of 1994, sec. 39 (w.e.f. 14.11.1994).
68. Subs. by Act 54 of 1994, sec. 40, for 'may reasonably be necessary"
(w.e.f. 14.11.1994).
69. Subs. by Act 54 of 1994, sec. 40, for 'may reasonably be necessary"
(w.e.f. 14.11.1994).
70. Clause (c) omitted by Act 54 of 1994, sec. 40, for 'may reasonably be
necessary" (w.e.f. 14.11.1994).
71. Subs. by Act 54 of 1994, sec. 40, for 'may reasonably be necessary.,
sec. 41, for "and, if necessary, convey him to the nearest hospital" (w.e.f.
14.11.1994).
72. Ins. by Act 54 of 1994, section 41 (w.e.f. 14.11.1994).
73. Subs. by Act 54 of 1994, section 41., sec. 42, for "without
unnecessary delay" (w.e.f. 14.11.1994).
74. Subs. by Act 54 of 1994, sec. 43, the words "fifty thousand rupees"
for "twenty-five thousand rupees" (w.e.f. 14.11.1994).
75. Subs. by Act 54 of 1994, sec. 43,., for "twelve thousand rupees"
(w.e.f. 14.11.1994).
76. Ins. by Act 54 of 1994, sec. 43,.for "twelve thousand rupees" (w.e.f.
14.11.1994).
78. Subs. by Act 54 of 1994, sec. 44, for "any other right hereafter" (w.e.f.
14.11.1994).
79. Ins. by Act 54 of 1994, sec. 45 (w.e.f. 14.11.1994).
80. Subs. by Act 54 of 1994, sec. 46, for "injury to any person" (w.e.f.
14.11.1994).
81. Ins. by Act 54 of 1994, sec. 47 (w.e.f. 14.11.1994).
82. Ins. by Act 54 of 1994, sec. 48 (w.e.f. 14.11.1994).
83. Subs. by Act 54 of 1994, sec. 49 (w.e.f. 14.11.1994).
84. Subs. by Act 54 of 1994, sec. 50, for "eight thousand and five
hundred rupees" (w.e.f. 14.11.1994).
85. Subs. by Act 54 of 1994, sec. 50, for "eight thousand and five
hundred rupees" (w.e.f. 14.11.1994).
87. Added, by Act 54 of 1994, sec. 52 (w.e.f. 14.11.1994).
88. Subs. by Act 54 of 1994, sec. 53 (w.e.f. 14.11.1994).
89. Sub-section (3) omitted by Act 54 of 1994, sec. 53 (w.e.f.
14.11.1994).
91. Subs. by Act 54 of 1994, sec 55 (w.e.f. 14.11.1994).
93. Subs. by Act 54 of 1994, sec. 57 (w.e.f. 14.11.1994).
94. Subs. by Act 54 of 1994, sec. 58, for "section 189" (w.e.f.
14.11.1994).
95. Ins. by .. Act 54 of 1994, sec. 58 (w.e.f. 14.11.1994).
96. Subs. by Act 54 of 1994, sec. 58 (w.e.f. 14.11.1994).
97. Subs. by Act 54 of 1994, sec. 60 (w.e.f. 14.11.1994).
98. Subs. by Act 54 of 1994, sec. 60 (w.e.f. 14.11.1994)., sec. 61 (w.e.f.
14.11.1994).
99. Ins. by Act 54 of 1994, sec. 62 (w.e.f. 14.11.1994).
CENTRAL MOTOR VEHICLES RULES, 1989
RULE 1 SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Central Motor Vehicles Rules, 1989 .
(2) Save as otherwise provided in sub-rule (3) [ 2 and sub-rule (2) of rule
103,] these rules shall come into force on the 1st day of July, 1989.
(3) The provisions 2 [of rule 9 ,] sub-rule (3) of rule 16 , sub-rule (4) of
rule 96 , sub-rule (3) of rule 103 , sub-rule (3) of rule 105 , rule 113 ,
sub-rules (2), (3), (4) or
(5) of rule 115 , rules 118 , 122 , 124 , 125 , 126 and 127 shall come into
force on such date as the Central Government may, by notification in the
Official Gazette, appoint.
RULE 2 DEFINITIONS
-In these rules, unless the context otherwise requires -
(a) "Act" means the Motor Vehicles Act, 1988 (59 of 1988) ;
3 (b "Agricultural tractor" means any mechanically propelled 4 wheel
vehicle designed to work with suitable implements for various field
operations and/ or trailers to transport agricultural materials.
Agricultural tractor is a non-transport vehicle.
(c) "Agricultural Trailer" means a trailer generally left uncovered with
single/double axle construction which is coupled to an Agricultural
Tractor by means of two hooks and predominantly used for transporting
agricultural materials.]
5 (ca) "construction equipment vehicle" means rubber tyred (including
pneumatic tyred), rubber padded or steel drum wheel mounted,
self-propelled, excavator, loader, backhoe, compactor roller, dumper,
motor grader, mobile crane, dozer, fork lift truck. self-loading concrete
mixer or any other construction equipment vehicle or combination
thereof designed for off-highway operations in mining, industrial
undertaking, irrigation and general construction but modified and
manufactured with "on or off" or "on and off' highway capabilities.
Explanation.-A construction equipment vehicle shall be a non-transport
vehicle the driving on the road of which is incidental to the main
off-highway function and for a short duration at a speed not exceeding
50 kms per hour, but such vehicle does not include other purely
off-highway construction equipment vehicle designed and adopted for
use in any enclosed premises, factory or mine other than road network,
not equipped to travel on public roads on their own power.
4 (d)"financier" means a person with whom the registered owner of a
motor vehicle has entered into an agreement of hire-purchase, lease or
hypothecation in respect of such vehicle and whose name is entered in
the certificate of registration as referred to in Form 34. 4(e)"Form"
means a Form appended to these rules ;
4(f)"Section" means a section of the Act ;
7 (g) "Trade certificate" means a certificate issued by the registering
authority under rule 35 ;
7 (h) "Non-transport vehicle" means a motor vehicle which is not a
transport vehicle.
8 (i) "Category L-1" means a motor cycle as defined in sub-section (27) of
Section 2 of the Act, with maximum design speed not exceeding 45
km/hour and engine capacity not exceeding 50 cc, if fitted with a
thermic engine;
8 (j) "Category L-2" means a motor cycle as defined in sub-section (27) of
Section 2 of the Act, with maximum design speed exceeding 45 km/hour
and engine capacity exceeding 50 cc, if fitted with a thermic engine;
8 (k) "Category M" means a motor vehicle with at least four wheels used
for the carriage of passengers and their luggage;
8 (l) "Category M-l" means a motor vehicle used for the carriage of
passengers and their luggage and comprising no more than eight seats
in addition to the driver's seat;
8 (m) "Category M-2" means a motor vehicle used for the carriage of
passengers and their luggage and comprising more than eight seats in
addition to the driver's seat and having a maximum mass not exceeding
5 tonnes;
8 (n) "Category M-3" means a motor vehicle used for the carriage of
passengers and their luggage and comprising more than eight seats in
addition to the driver's seat and having a maximum mass exceeding 5
tonnes;
8 (o) "Category N" means a motor vehicle with at least four wheels used
for the carriage of goods;
8 (p) "Category N-l" means a motor vehicle used for the carriage of goods
and having a maximum mass not exceeding 3.5 tonnes;
8 (q) "Category N-2" means a motor vehicle used for the carriage of goods
and having a maximum mass exceeding 3.5 tonnes but not exceeding 12
tonnes;
8 (r) "Category N-3" means a motor vehicle used for the carriage of goods
and having a maximum mass exceeding 12 tonnes;
8 (s) "Smart Card" means a device capable of storing data and executing
commands, which is a single chip microprocessor, mounted on a plastic
card and the dimensions of the card and chip are as specified in
ISO-7816 specifications, as may be amended from time to time.'
6(t) "International Driving Permit" means the licence issued by a
licensing authority in India under Chapter II of the Act to an Indian
National authorising the person specified therein to drive any categories
of motor vehicles as specified in Form-6-A in the areas or territories of
countries other than India but excluding the countries with whom there
are no diplomatic relations.'
RULE 3 GENERAL
-The provisions of sub-section (1) of section 3 shall not apply to a person
while receiving instructions or gaining experience in driving with the
object of presenting himself for a lest of competence to drive, so long as(a) such person is the holder of an effective learner's licence issued to
him in Form 3 to drive the vehicle ;
(b) such person is accompanied by an instructor holding an effective
driving licence to drive the vehicle and such instructor is sitting in such
a position to control or stop the vehicle ; and
(c) there is painted, in the front and the rear of the vehicle or on a plate or
card affixed to the front and the rear, the letter "L" in red on a white
background as under :- Provided that a person, while receiving
instructions or gaining experience in driving a motorcycle (with or
without a side-car attached), shall not carry any other person on the
motorcycle except for the purpose and in the manner referred to in
clause (b).
RULE 4 EVIDENCE AS TO THE CORRECTNESS OF ADDRESS AND AGE
9 -Every applicant for the issue of a licence under this chapter shall
produce as evidence of his address and age, any one or more of the
following documents in original or relevant extracts thereof duly attested
by a Gazetted Officer of the Central Government or of a Stale
Government or an officer of a local body who is equivalent in rank of a
Gazetted Officer of the Government or Village Administration Officer or
Municipal Corporation Councilor or Panchayat President, namely :1. Ration Card,
2. Electoral Roll,
3. Life Insurance Policy,
10 11
4. Passport,
19 "5. Electricity or Telephone Bill,
19 6. Pay slip issued by any office of the Central Government or a State.
19 7. House tax receipt"
[** 17 *]
8. School Certificate,
9. Birth Certificate,
10. Certificate granted by a registered medical practitioner not below the
rank of a Civil Surgeon, as to the age of the applicant : Provided that
where the applicant is not able to produce any of the above mentioned
documents for sufficient reason, the licensing authority may accept any
affidavit sworn by the applicant before an Executive Magistrate, or a
First Class Judicial Magistrate or a Notary Public as evidence of age and
address.]
RULE 5 MEDICAL CERTIFICATE
18 20 "(1) Every application for the issue of a learner's licence, or a
driving licence, or for making an addition of another class of description
of motor vehicle to a driving licence, or for renewal of a licence or a
driving licence, shall be accompanied by a medical-certificate in Form IA
issued by a registered medical practitioner r efened to sub-section (3) of
section 8."
14 [(2) An application for a medical certificate shall contain a declaration
in Form 1.(3) A medical certificate issued in Form I A shall be valid for a
period of one year from the date of its issue. It shall be accompanied by a
passport size copy of the photograph of the applicant.]
RULE 6 EXEMPTION FROM PRODUCTION OF MEDICAL CERTIFICATE
-Any person who has, after the date of commencement of these rules,
produced a medical certificate in connection with the obtaining of a
learner's licence or a driving licence, whether for initial issuance or for
renewal thereof, or for addition of another class of motor vehicles to his
driving licence, shall not be required to produce a medical certificate,
except where the application is made for the renewal of a driving licence.
RULE 7 AFFIXING OF PHOTOGRAPH TO MEDICAL CERTIFICATE
-A photograph of the applicant shall be affixed at the appropriate place
shown in 13 [Form 1 A] and the registered medical practitioner shall affix
his signature and seal to the said photograph in such a manner that the
signature and the seal appear partly on the photograph and partly on the
form of the medical certificate:
RULE 8 8
RULE 9 EDUCATIONAL QUALIFICATIONS FOR DRIVERS OF GOODS
CARRIAGES CARRYING DANGEROUS OR HAZARDOUS GOODS
13 16 [(1) One year from the data of commencement of Central Motor
Vehicles (Amendment) Rules, 1993, any person driving a goods carnage
carrying goods of dangerous or hazardous nature to human life shall, in
addition to being the holder of a driving licence to drive a transport
vehicle, also has the ability to read and write at least one Indian
language out of those specified in the VII schedule of the Constitution
and English and also possess a certificate of having successfully passe a
course consisting of following syllabus and periodicity connected with
the transport of such goods.
Period of training
3 days
Place of training
At any institute
recognised by the State
Government
Syllabus
A. Defensive driving
Questionnaire
Duration of training for
Cause of accidents
A & B—1st and 2nd day
Accidents statistics
Driver's personal fitness
Car condition
Braking distance
Highway driving
Road/Pedestrian crossing
Railway crossing
Adapting to weather
Head on collision
Head on collision
Rear end collision
Night driving
Films and discussion
B. Advance driving sills and
training
(i) Discussion
Before starting —Check list
—outside/below/near vehicle
—product side
—inside vehicle
During driving —Correct speed/gear
—signalling
—lane control
—overtaking/giving side
—speed limit/safe distance
—driving on slopes
Before stopping —safe slopping place, signalling, road width, condition
After stopping —preventing vehicle movement
—wheel clocks
—vehicle attendance
Night driving
(2) The holder of a driving licence possessing the minimum educational
qualification or the certificate referred to in sub-rule (1), shall make an
application in writing on a plain paper along with his driving licence and
the relevant certificate to the licensing authority in whose jurisdiction he
resides for making necessary entries in this driving licence and if the
driving licence is in Form 7 the application shall be accompanied by the
fee as is referred to in Sl. No. 8 of the Table to rule 32 .
(3) The licensing authority, on receipt of the application referred to in
sub-rule (2), shall make an endorsement in the driving licence of the
applicant to the effect that he is authorised to drive a goods carriage
carrying goods of dangerous or hazardous nature to human life.
(4) A licensing authority other than the original licensing authority
making any such endorsement shall communicate the fact to the
original licensing authority.]
RULE 10 APPLICATION FOR LEARNER'S LICENCE
-An application for the grant or renewal of a learner's licence shall be
made in Form 2 and shall be accompanied by(a) Save as otherwise provided in rule 6 , a medical certificate in 21 [Form
1A].
(b) three copies of the applicant's recent 21 [Passport size photograph]
(c) appropriate fee as specified in rule 32 .
(d) in the case of an application for 23 ["transport vehicle"] the driving
licence held by the applicant.
RULE 11 PRELIMINARY TEST
(1) Save as otherwise provided in sub-rule (2), every applicant for a
learner's licence shall present himself before the licensing authority on
such date, place and time, as the licensing authority may appoint, for a
test and satisfy such authority that the applicant possesses adequate
knowledge and understanding of the following matters, namely :(a) the traffic signs, traffic signals and the rules of the road regulations
made under section 118 ;
(b) the duties of a driver when his vehicle is involved in an accident
resulting
in the death or bodily injury to a person or damage to property of a third
party;
(c) the precautions to be taken while passing an unmanned railway
crossing ; and
(d) the documents he should can with him while driving a motor vehicle.
24 [(1 A) In determining as to whether an applicant possesses adequate
knowledge and understanding of the matters referred to in sub-rule (1),
the licensing authority shall put to the applicant questions of objective
type such as specified m Annexure VI.
Explanation-For the purpose of this sub-rule, "adequate knowledge"
means answering correctly at least 60 per cent of the questions put to
him.]
(2) Nothing contained in sub-rule (1) shall apply to the following class of
applicants, namely:(a) the holder of an effective driving licence,
(b) the holder of a driving licence which has expired bat five years have
not elapsed,
(c) the holder of a learner's licence issued or renewed after the
commencement of these rules.
(d) 25 27
RULE 12 CONSENT OF PARENT OR GUARDIAN IN THE CASE OF
APPLICATION BY MINOR
-In the case of an application for a learner's licence to drive a 26 28
["motor cycle without gear"] by an applicant under the proviso to
sub-section (1) of section 4 , the application shall be signed by the parent
or guardian of the applicant.
RULE 13 FORM OF LEARNER'S LICENCE
-Every learner's licence issued by the licensing authority shall be in
Form 3.
RULE 14 APPLICATION FOR A DRIVING LICENCE
(1) An application for a driving licence shall be made in Form 4 and shall
be accompanied by(a) an effective learner's licence to drive the vehicle of the type to which
the application relates;
(b) appropriate fee as specified in role 32, for the test of competence to
drive and issue of licence :
(c) three copies of the applicant's recent 24 [passport size photograph] ;
(d) save as otherwise provided in rule 6 , a medical certificate in 24 [Form
1A] ;
(e) a driving certificate in Form 5 issued by the school or establishment
from where are applicant received instruction, if any.
22(2) An application for an International Driving Permit shall be made in
Form 4-A and shall be accompanied by,
(a) valid driving licence issued by the licensing authority under these
rules; (b) appropriate fee as specified in Rule 32; (c) three copies of the
applicant's recent passport photograph; (d) a medical certificate in
Form-1-A;
(e) valid proof of Indian Nationals;
(f) valid proof of passport; and
(g) valid proof of visa, wherever applicable.
RULE 15 DRIVING TEST
(1) No person shall appear for the test of competence to drive unless be
has held a learner's licence for a period of at least 29 [thirty days.]
(2) The test of competence to drive referred to in sub-section (3) of section
9 shall be conducted by the licensing authority or such other person as
may be authorised in this behalf by the State Government in a vehicle of
the type to which the application relates.
(3) The applicant shall satisfy the person conducting the test that he is
able to(a) adjust the rear-view mirror ;
(b) take suitable precautions before starting the engine ;
(c) move away safely and smoothly straight ahead at an angle, while a:
the same time engaging all gears until the top gear is reached ;
(d) to change to the lower gears quickly from the top gear when the traffic
conditions warrant such change ;
(e) change quickly to lower gears when driving downhill ;
(f) stop and re-start the vehicle on a steep upward incline making proper
use
of the hand-bake or of the throttle and the foot-brake without any rolling
back, turn right and left corners correctly and make proper use of the
rearview
(g) overtake, allow to be overtaken, meet or cover the path of other
vehicles
safely and cake an appropriate course of the road with proper caution
giving appropriate signals;
(h) give appropriate traffic signals at the appropriate time, in clear and
unmistakable manner by hand or by electrical indicators fitted to the
vehicle ;
(i) change lanes with proper signals and with due care ;
(j) stop the vehicle in an emergency or otherwise, and in the latter case,
bring
it to rest at an appropriate course on the road safely, giving appropriate
signals ;
(k) in the case of vehicle having a reverse gear, driving the vehicle
backwards, reverse it into a limited opening either to the right or left
under control and with reasonable accuracy;
(l) cause the vehicle to face in the opposite direction by means of forward
and reverse gears;
(m) take correct and prompt action on the signals given by traffic signs,
traffic lights, traffic controllers, policemen and take appropriate action
on signs given by other road users ;
(n) act correctly at pedestrian crossings, which are not regulated by
traffic lights or traffic police, by giving preference to persons crossing the
roads ;
(o) keep well to the left in normal driving ;
(p) regulate speed to suit varying road and traffic conditions ;
(q) demonstrate general control of the vehicle by confident steering and
smooth gear changing and braking as and when necessary ;
(r) make proper use of the rear-view mirror before signaling, beginning
maneuvering, moving away, altering the course to overtake, turning
right or stopping ;
(s) use the proper side when driving straight, turning right, turning left
and at. junction of the road ;
(t) make proper use of accelerator, clutch, gears, brakes (hand and foot)
steering and horn;
(u) anticipate the actions of pedestrians, drivers of other vehicles and
cyclists ;
(v) take precautions at cross roads and on road junctions with regard to:
(i)adjustment of speed on approach,
(ii) proper use of rear-view mirror,
(iii) correct positioning of the vehicle before and after turning to the right
or left, (iv) avoidance of cutting right hand corners, (v) looking right,
left and right again before crossing or emerging,
(w) concentrate in driving without his attention being distracted and to
demonstrate the presence of mind ;
(x) show courtesy and consideration for the safety and convenience of
other road users, such as pedestrians, drivers of other motor vehicles or
cyclists.
RULE 16 FORM OF DRIVING LICENCE
(1) Every driving licence issued or renewed by a licensing authority shall
be in Form 6.
(2) Where the licensing authority has the necessary apparatus, 31 ["for
the issue of a laminated card type or Smart Card type driving licence,
such card type or Smart Card type driving licence, as may be specified in
the Notification issued by the concerned State Government or Union
Territory Administration,"] shall be in Form 7.
(3) On and from the date of commencement of this sub-rule, every
driving licence issued or renewed by the licensing authority shall be in
Form 7.
30(4) Every International Driving Permit issued by a licensing authority
shall be in Form 6-A and shall be valid for a period of not more than one
year from the date of issue, as the case may be, or till the validity of the
driving licence, whichever is earlier.
30(5) The automobile associations authorised by the State
Government/Union Territory Administration shall be allowed to issue
International Driving Permit to their own members as also others subject
to counter signature by competent authority.
RULE 17 ADDITION TO DRIVING LICENCE
(1) An application for addition of another class or description of motor
vehicle to the driving licence shall be made in Form 8 to the licensing
authority and shall be accompanied by(a) an effective learner's licence and driving licence held by the
applicant ;
(b) in the case of an application for addition of a transport vehicle, the
driving certificate in Form 5 ;
(c) 32 [* * *]
(d) appropriate fee as specified in rule 32 .
(2) the provisions of sub-section (1), sub-section (3) and sub-section (4)
of section 9 shall, in so far as may be, apply in relation to an application
under sub-section (1) as they apply in relation to an application for the
grant of a driving licence.
RULE 18 RENEWAL OF DRIVING LICENCE
(1) An application for the renewal of a driving licence shall be made in
Form 9 to the licensing authority having jurisdiction over the area in
which the applicant ordinarily resides or carries on business and shall
be accompanied by(a) appropriate fee as specified in rule 32 ;
(b) three copies of the applicant's recent 33 [passport size photograph], if
renewal is to be made in Form 6,
(c) the driving licence,
(d) the medical certificate in 33 [Form 1 A].
(2) Where the driving licence authorises the holder of such licence to
drive a transport vehicle as well as any other vehicle, then the licensing
authority shall, subject to the production of medical certificate, renew
such licence for the appropriate period as specified in sub-section (2) of
section14.
RULE 19 REFUND OF FEE
-Where the licensing authority rejects an application for the renewal of a
driving licence under sub-section (5) of section 15 , it shall refund half of
the fee paid for such renewal to the applicant, on an application made by
him in that behalf not later than thirty days from that date of receipt of
the order rejecting the application.
RULE 20 DRIVING LICENCE TO DRIVE MOTOR VEHICLE BELONGING
TO THE DEFENCE DEPARTMENT
-The authorities for the purpose of sub-section (1) of section 18 shall be(i) all the officers-commanding of Units of Army of and above the rank of
Major ;
(ii) all the officers-commanding of Units of Navy of and above the rank of
Lieutenant Commander;
(iii) all the officers-commanding of Units of Air Force of land above the
rank of Squadron Leaders.
RULE 21 POWERS OF LICENSING AUTHORITY TO DISQUALIFY
-For the purpose of clause (f) of sub-section (1) of section 19 , the
commission of the following acts by a holder of a driving licence shall
constitute nuisance or danger to the public, namely :(1) Theft of motor vehicle.
(2) Assault on passengers.
(3) Theft of personal effects of passengers. (4) Theft of goods carried in
goods carriages. (5) Transport of goods prohibited under any law.
(6) 34 [Driver, while driving a transport vehicle, engaging himself in
activity which is likely to disturb his concentration.]
(7) Abduction of passengers.
(8) Carrying overload in goods carriages.
(9) Driving at speed exceeding the specified limit.
(10) Carrying persons in goods carriage, either inside the driver's cabin
in excess of its capacity or on the vehicle, whether for hire or not.
(11) Failing to comply with the provisions of section 134 .
(12) Failure to stop when signalled to do so by any person authorised to
do so.
(13) Misbehavior with and showing discourtesy to passengers, intending
passengers or consignors and consignees of goods.
(14) Smoking while driving public service vehicles.
(15) Abandoning vehicle in a public place causing inconvenience to other
road users or to passengers in the vehicle.
(16) Driving vehicle while under the influence of drink or drugs.
(17) Interfering with any person mounting or preparing to mount upon
any other vehicle.
(18) Allowing any person to sit or placing things in such a way as to
impede the driver from having a clear vision of the road or proper control
of the vehicle.
(19) Not stopping a stage carriage at approved stopping places for a
sufficient period of time in a safe and convenient position upon demand
or signal of the conductor or any passenger desiring to alight from the
vehicle and unless there is no room in the vehicle, upon demand or
signal of any person desiring to becoming a passenger.
(20) Loitering or unduly delaying any journey and not proceeding to the
destination as near as may be in accordance with the time table
pertaining to the vehicle, or, where there in no such time table, with all
reasonable despatch.
(21) Not driving a contract carriage, in the absence of a reasonable cause,
to the destination named by the hirer by the shortest route.
(22) The driver of a motor cab not accepting the first offer of hire which
may be made to him irrespective of the length of the journey for which
such offer is made.
(23) The driver of a motor cab demanding or extracting any fare in excess
to that to which he is legally entitled or refusing to ply motor cab.
34 [(24) Abandoning a transport vehicle as a mark of protest or agitation
of any kind or strike in a public place or in any other place in a manner
causing obstructions and inconvenience to the public or passengers or
other users of such places.]
RULE 22 ENDORSEMENT BY COURTS
-A court convicting a holder of a licence, for any one of the offences
specified hereunder, shall endorse or cause to be endorsed in the driving'
licence, the particulars of such conviction, namely :(a) Driving without a licence, or without a licence which is effective, or
without a licence applicable to the vehicle driven ( section 3 ).
(b) Allowing a licence to be used by another person ( section 6 , Section
23 ).
(c) Driving when disqualified ( section 23 ).
(d) Driving an unregistered vehicle ( section 39 ).
(e) Driving a transport vehicle not covered by a certificate of fitness
( section 56 ).
(f) Driving a transport vehicle in contravention of section 66 . (g) Driving
in contravention of rule 118 . (h) Failure to comply with provisions of
section 114 .
(d) Refusing or failing within specified time to produce licence or
certificate of registration ( section 130 ).
(j) Failing to stop vehicle as required under section 132 .
(k) Obtaining or applying for a licence without giving particulars of
endorsement ( section 182 ).
(l) Driving at excessive speed ( section 183 ).
(m) Driving dangerously ( section 184 ).
(n) Driving while under the influence of drink or drugs ( section 185 ).
(o) Driving when mentally or physically unfit to drive ( section 186 ). (p)
Abetment of an offence punishable under section 183 or section 186 .
(q) Abetment of offence specified in section 188 . (r) Taking part in
unauthorised race or trial of speed ( section 189 ). (s) Using vehicles in
unsafe condition ( section 190 ).
(t) Driving vehicle exceeding
permissible limit or weight ( section 194 ). (u) Altering a licence or using
an altered licence.
(v) An offence punishable with imprisonment in the commission of which
a motor vehicle was used.
RULE 23 STATE REGISTER OF DRIVING LICENCES
(1) Each State Government shall maintain a State Register of driving
licences in respect of driving licences issued and renewed by the
licensing authorities in the State in Form 10.
(2) Each State Government shall send to the Director (Transport
Research), Ministry of Surface Transport, New Delhi, a printed copy of
the register referred to in sub-rule (1).
RULE 24 DRIVING SCHOOLS AND ESTABLISHMENTS
(1) No person shall establish or maintain any driving school or
establishment for imparting instructions for hire or reward in driving
motor vehicles without a licence in Form II granted by the licensing
authority.
(2) An application for the grant or renewal of a licence under sub-rule (1)
shall be made in Form 12 or Form 13, as the case may be, to the
licensing authority having jurisdiction in the area in which the school or
establishment is situated and shall be accompanied by appropriate fee
as specified in rule 3 2.
Explanation.-For the purposes of this rule and rules 25 to rule 28
"licensing
authority" means an officer not below the rank of the Regional Transport
Officer of the Motor Vehicles Department established under section 213 .
(3) The licensing authority shall, when considering an application for the
grant or renewal of a licence under this rule, have regard to the following
matters, namely :(i) the applicant and the staff working under him are of good moral
character and are qualified to give driving instructions;
(ii) the premises where the school or establishment is proposed to be
conducted is either owned by the applicant or is taken on lease by him or
is
hired in his name and it has adequate provision for 35 [conducting
lecture and demonstration of models] besides adequate parking area for
the vehicles
meant to be used for imparting instructions in driving : Provided that in
respect of schools or establishments imparting instructions in driving of
motor vehicles or matters connected therewith immediately before the
commencement of these rules, the licensing authority may permit the
conducting of instruction facilities in the same premises where the
school or
establishment is housed for a period of six months, notwithstanding the
fact that the premises do not satisfy the conditions laid down in this
clause;
(iii) The financial resources of the proposed school or establishment are
sufficient to provide for its continued maintenance ;
(iv) The applicant owns and maintains a minimum of one motor vehicle
each of the type in which instruction is imparted in the school or
establishment ;
(v) The vehicles are available exclusively for purposes of imparting
instruction and all such vehicles, except motorcycles, are fitted with dual
control facility to enable the instructor to control or stop the vehicle ;
(vi) The applicant maintains the following apparatus, equipment's and
other requirements namely:(a) a black board,
(b) a road plan board with necessary model signals and charts,
(c) traffic signs chart,
(d) chart on automatic signals and signals given by traffic controllers
where there are no automatic signals,
(e) a service chart depicting a detailed view of all the components of a
motor vehicle,
(f) engine gear box, 36 [brake shoe and drums] (except where the
applicant desires to impart instruction in the driving of motor cycles
only),
(g) puncture kit with tyre lever, wheel brace, jack and type pressure
gauge,
(h) spanners (a set each of fix spanners, box spanners, pliers, screw
drivers, screw spanners, and hammer),
(i) driving instructions manual,
(j) benches and tables for trainees and work bench,
(k) 37 [* * *]
(l) 37 [ * * *] Provided that where the applicant is unable to maintain a
projector and
screen, it shall be sufficient if arrangements are made by the applicant
for audio-visual
demonstration or road safety by means of pre-recorded video cassettes
through television or other similar display equipment,
(m) a 38 [collection] of books on automobile mechanism, driving, road
safety, traffic regulations, laws relating to motor vehicles and related
subjects 37 [* * *]
(n) a fully equipped first-aid box for use in emergency at the premises ;
(vii) 37 [* * *]
(viii) The applicant or any member of the staff employed by him for
imparting instructions possesses the following qualifications, namely :(a) a minimum educational qualification of a pass in the 10th standard,
(b) a minimum driving experience of five years in addition to a certificate
in a course in
motor mechanics or any other higher qualification in mechanical
engineering from an
institution established by the Central or a State Government or from an
institution recognised by the Board of Technical Education of a State
Government,
(c) thorough knowledge of traffic signs specified in the Schedule to the
Act and the regulations made under section 118 ,
(d) ability to demonstrate and to explain the functions of different
components, parts of the vehicles,
(e) adequate knowledge of English or the regional language of the region
in which the
school or establishment is situated: Provided that any person who has
served as an
instructor for a period of not less than five years immediately before the
commencement of these rules, is exempted from the requirements of this
sub-clause.
(4) The licensing authority may, on receipt of an application under
sub-rule (2) and after satisfying that the applicant has complied with the
requirements of subrule (3), grant or renew a licence in Form II.
(5) No application for licence shall be refused by the licensing authority
unless the applicant is given an opportunity of being heard and reasons
for such refusal are given in writing by the licensing authority.
RULE 25 DURATION OF A LICENCE AND RENEWAL THEREOF
-A licence granted in Form 11 shall be in force for a period of five years
and may be renewed on an application in Form 13 made to the licensing
authority which granted the licence not less than sixty days before the
date of its expiry.
RULE 26 ISSUE OF DUPLICATE LICENCE
(1) If at any time a licence granted under sub-rule (4) of rule 24 is lost or
destroyed the holder of the licence shall forthwith intimate the loss to the
licensing authority which granted the licence and shall apply in writing
to the said authority, for a duplicate.
(2) On receipt of an application along with the appropriate fee as
specified in rule 32 , the licensing authority shall issue a duplicate
licence clearly marked "Duplicate".
(3) If after the issue of a duplicate certificate, the original is found, the
same shall be surrendered forthwith to the licensing authority by which
it was issued.
RULE 27 GENERAL CONDITIONS TO BE OBSERVED BY THE HOLDER
OF A LICENCE
-The holder of. a licence granted under rule 24 shall,(a) maintain on an annual basis, a register in Form 14 and an
alphabetical list of the names of the students admitted during the year ;
(b) conduct the training course according to the syllabus specified in rule
31 ;
(c) 39 [* * *]
(d) issue to every student who has completed the course a certificate in
Form 5;
(e) submit to the licensing authority which granted the licence such
information or return as may be called for by it from time to time for the
purposes of this Chapter;
(f) not shift the school or establishment from the premises mentioned in
the licence without the prior approval in writing of the licensing
authority, which granted the licence;
(g) keep the premises of the school or establishment and the record and
registers maintained by it at all reasonable times open for inspection by
the licensing authority or by any person authorised in this behalf by the
licensing authority ;
(h) exhibit in a conspicuous manner on all the motor vehicles used for
imparting instructions the name, full address of the school or
establishment and the telephone number, if any, in bold letters ;
(i) maintain a record separately for each trainee showing the number of
driving hours spent every day in Form 15 ;
(j) display at a prominent place in its office the following :(i) the licence in original issued to the school or establishment by the
licensing authority, and
(ii) the names and addresses of instructors employed by the school or
establishment;
(k) not act in a manner calculated to mislead any person making an
application to receive instructions from the school or establishment as to
his ability to procure a licence for such person other than in accordance
with these rules or to connive with any person in acts of commission or
omission with a view to circumventing the provisions of this Chapter.
RULE 28 POWER OF THE LICENSING AUTHORITY TO SUSPEND OR
REVOKE LICENCE
(1) If the licensing authority which granted the licence is satisfied, after
giving the holder of the licence an opportunity of being heard, that he
has(a) failed to comply with the requirements specified in sub-rule (3) of rule
24 ; or
(b) failed to maintain the vehicles in which instructions are being
imparted in good condition; or
(c) failed to adhere to the syllabus specified in rule 31 in imparting
instruction ; or
(d) violated any other provision of rule 27 , it may, for reasons to be
recorded in writing, make an order,(i) suspending the licence for a specified period ;
(ii) revoking the licence.
(2) Where the licence is suspended or revoked under sub-rule (1). the
licence shall be surrendered to the licensing authority by the holder
thereof.
RULE 29 APPEAL
-Any person aggrieved by any order of the licensing authority under
sub-rule (5) of rule 24 , rule 25 or rule 28 may, within thirty days of the
date of receipt of such order, appeal to the head of the Motor Vehicles
Department established under section 213
RULE 30 PROCEDURE FOR APPEAL
(1) An appeal under rule 29 shall be preferred in duplicate in the form of
a memorandum, setting forth the grounds of objections to the order of
the licensing authority and shall be accompanied by a certified copy of
the order appealed against and appropriate fee as specified in rule 32 .
(2) The appellate authority, after giving an opportunity to the parties to
be heard and after such further enquiry, if any, as it may deem
necessary, pass appropriate orders.
RULE 31A TEMPORARY LICENCE
42(1) Where there is no school or establishment as is referred to in
subsection (4) of section 12 (sic) granted a licence under sub-rule (4) of
rule
24 , in any taluk within the jurisdiction of the licensing authority, the
licensing authority may, notwithstanding anything contained in
sub-rules (3) and (4) of rule 24 or rule 25 , grant a temporary licence to
any establishment or any person for imparting instruction in the driving
of a transport vehicle, subject of the following conditions, namely:(a) the temporary licence shall be valid for a period of one year from the
date of its issue: Provided that as long as the taluk does not have any
school or establishment, the licensing authority may renew a temporary
licence granted under this sub-rule for a further period not exceeding
one year at a time.
(b) The person imparting instruction in the driving of a transport vehicle
shall possess the following qualifications, namely :
(i) a minimum driving experience of five years in the class of vehicles in
which instruction is proposed to be imparted ;
(ii) adequate knowledge of the regional language of the region in whichthe school or establishment is situated ;
(iii) a thorough knowledge of traffic signs specified in the Schedule to the
Act and the Regulations made under section 118 ;
(iv) ability to demonstrate and explain the functions of different
components and parts of a vehicle.
(c) The applicant shall maintain a motor vehicle each of the type in which
the instruction is imparted and also the following apparatus, namely :(i) blackboard;
(ii) traffic sign chart ;
(iii) a service chart depicting a detailed view of all the components of a
motor vehicle;
(iv) puncture kit with tyre lever, wheel brace, jack ;
(v) a set each of fixed spanners, box spanners. screw driver, screw
spanners and hammer.
(2) The driving schools run by a State Transport Undertaking or an
Industrial Training Institute set up by the Central Government or any
State Government and other establishments run by the Central
Government or a State Government which have facilities for imparting
training for drivers, shall be authorised to issue driving certificates in
Form 5, subject to the condition that the training imparted in these
schools shall be in accordance with the syllabus referred to in rule 31 .]
RULE 33 CONDITION FOR EXEMPTION FROM REGISTRATION
-For the purpose of the proviso to section 39 , a motor vehicle in the
possession of a dealer shall be exempt from the necessity of registration
subject to the condition that he obtains a trade certificate from the
registering authority having jurisdiction in the area in which the dealer
has his place of business in accordance with the provisions of this
Chapter.
RULE 34 TRADE CERTIFICATE
(1) An application for the grant or renewal of a trade certificate shall be
made in Form 16 and shall be accompanied by the appropriate fee as
specified in Rule 81 .
(2) Separate applications shall be made for each of the following classes
of vehicles, namely:(a) motorcycle; (b) invalid carriage: (c) light motor vehicle ;
(d) medium passenger motor vehicle ; (e) medium goods vehicle : (f)
heavy passenger motor vehicle ; (g) heavy goods vehicle ;
(h) any other motor vehicle of a specified description.
RULE 35 GRANT OR RENEWAL OF TRADE CERTIFICATE
(1) On receipt of an application for the grant or renewal of a trade
certificate in respect of a vehicle, the registering authority may, if
satisfied that the applicant is a bona fide dealer and requires the
certificates specified in the application, issue to the applicant one or
more certificates, as the case may be, in Form 17 and shall assign in
respect of each certificate a trade registration mark consisting of the
registration mark referred to in the notification made under sub-section
(6) of section 41 and followed by two letters and a number containing not
more than three digits for each vehicle, for example :- AB-Represent
State Code. 12-Registration District Code. TC1-Trade certificate number
for the vehicle.
(2) No application for trade certificate shall be refused by the registering
authority unless the applicant is given an opportunity of being heard and
reasons for such refusal are given in writing.
RULE 36 REFUND
-Where the registering authority refuses to issue or renew a trade
certificate, it shall refund to the applicant fifty per cent of the fee paid
along with the application.
RULE 37 PERIOD OF VALIDITY
-A trade certificate granted or renewed under Rule 35 shall be in force for
a period of twelve months from the dale of issue or renewal thereof and
shall be effective throughout India.
RULE 38 ISSUE OF DUPLICATE CERTIFICATE
(1) If at any time the trade certificate is lost or destroyed, its holder shall
report to the police station in the jurisdiction of which the loss or
destruction has occurred and intimate the fact in writing to the
registering authority by whom the certificate was issued and apply in
Form 18 to the said authority for a duplicate certificate accompanied by
the appropriate fee as specified in Rule 81 .
(2) On receipt of an application along with the fee, the registering
authority may issue a duplicate trade certificate clearly marked
"Duplicate".
(3) If after the issue of a duplicate certificate the original is traced, the
same shall be surrendered forthwith to the registering authority by
which it was issued.
RULE 39 USE OF TRADE REGISTRATION MARK AND NUMBER
(1) A trade registration mark and number shall not be used upon more
than one vehicle at a time or upon any vehicle other than a vehicle bona
fide in the possession of the dealer in the course of his business or on
any type of vehicle other than the one for which the trade certificate is
issued.
(2) The trade certificate shall be carried on a motor vehicle in a
weatherproof circular folder and the trade registration mark shall be
exhibited in a conspicuous place in the vehicle.
RULE 40 RESTRICTIONS ON USE OF TRADE CERTIFICATE OR TRADE
REGISTRATION MARK AND NUMBER
-A trade certificate shall be used only by the person to whom it is issued
and such person shall not allow or offer or cause the certificate or the
number assigned in connection therewith to be used by any other
person : Provided that the provision of this Rule shall not apply where
the person to whom the certificate is granted, or a person bona fide in his
employment and acting under his authority, or any other person bona
fide acting on behalf of the holder of a trade certificate is present in the
vehicle, or if such vehicle is designed for use by only one person and is
being used by a prospective purchaser of that vehicle for the purpose of
reasonable test or trial.
RULE 41 PURPOSES FOR WHICH MOTOR VEHICLE WITH TRADE
CERTIFICATE MAY BE USED
-The holder of a trade certificate shall not use any vehicle in a public
place under that certificate for any purpose other than the following :(a) for test, by or on behalf of the holder of a trade certificate during the
course of, or after completion of, construction or repair ; or
(b) for proceeding to or returning from a weigh bridge for or after
weighment, or to and from any place for its registration ; or
(c) for a reasonable trial or demonstration by or for the benefit of a
prospective. purchaser and for proceeding to or returning from the place
where such person intends to keep it ; or
(d) for proceeding to or returning from the premises of the dealer or of the
purchaser or of any other dealer for the purpose of delivery ; or
(e) for proceeding to or returning from a workshop with the objective of
fitting. a body to the vehicle or painting or for repairs ; or
(f) for proceeding to and returning from airport, railway station, wharf for
or after being transported ; or
(g) for proceeding to or returning from an exhibition of motor vehicles or
any place at which the vehicle is to be or has been offered for sale ; or
(h) for removing the vehicle after it has been taken possession of by or on
behalf of the financier due to any default on the part of the other party
under the provisions of an agreement of hire-purchase, lease or
hypothecation.
RULE 42 DELIVERY OF VEHICLE SUBJECT TO REGISTRATION
- No holder of a trade certificate shall deliver a motor vehicle to a
purchaser without registration, whether temporary' or permanent.
RULE 43 REGISTER OF TRADE CERTIFICATE
(1) Every holder of a trade certificate shall maintain a register in Form
19 in duplicate which shall be in a bound book, with pages numbered
serially.
(2) The particulars referred to in Form 19 except the time of return under
column 7, shall be entered in the register before the commencement of
each trip by the holder of the trade certificate or his representative and a
duplicate copy of Form 19 made prior to the commencement of each trip
shall be carried during the trip by the driver of the vehicle and shall be
produced on demand by any officer empowered to demand production of
documents by or under the Act.
(3) The holder of a trade certificate shall, at the end of a trip, fill in
column 7 of Form 19 (both original and duplicate), and the register and
the duplicate shall be open for inspection by the registering authority.
RULE 44 SUSPENSION OR CANCELLATION OF TRADE CERTIFICATE
-If the registering authority has reason to believe that the holder of any
trade certificate has not complied with the provisions of Rules 39 to rule
43 , it may, after giving the holder an opportunity of being heard,
suspend or cancel the trade certificate held by him.
RULE 45 APPEAL
-Any person aggrieved by an order of the registering authority under
Rule 35 or Rule 44 may, within thirty days of the receipt of any such
order, appeal to the head of the Motor Vehicles Department established
under Section 213
RULE 46 PROCEDURE FOR APPEAL
(1) The appeal referred to in Rule 45 shall be preferred in duplicate in
the form of a memorandum, setting forth the grounds of objections to the
order of the registering authority and shall be accompanied by the
appropriate fee as specified in Rule 81 and a certified copy of the order
appealed against.
(2) The appellate authority, after giving an opportunity to the parties to
be heard and after such enquiry, if any, as it deems necessary, pass
appropriate orders.
RULE 47 APPLICATION FOR REGISTRATION OF MOTOR VEHICLES
(1) An application for registration of a motor vehicle shall be made in
Form 20 to the registering authority within a period of 43 [seven days]
from the date of taking delivery of such vehicle, excluding the period of
journey and shall be accompanied by :(a) sale certificate in Form 21 ;
(b) valid insurance certificate ;
(c) copy of the proceedings of the State Transport Authority or Transport
Commissioner or such other authorities as may be prescribed by the
State
Government for the purpose of approval of the design in the case of a
trailer or a semi Bailer];
(d) original sale certificate from the concerned 4authoritiess in Form 21
in the. case of ex-army vehicles ;
(e) proof of address by way of any one of the documents referred to in
Rule 4 ;
(f) temporary registration, if any ;
(g) road-worthiness certificate in Form 22 from the manufacturers, 44
[Form 22A from the body builders;
45 (h) Custom's clearance certificate in the case of imported vehicles
along with the licence and bond, if any :
Provided that in the case of imported vehicles other than those imported
under the
Baggage Rules, 1998, the procedure followed by the registering authority
shall be same as those procedure followed for registering of vehicles
manufactured in India, and
(i) appropriate fee as specified in Rule 81 .
(2) In respect of vehicles temporarily registered, application under
sub-rule (1) shall be made before the temporary registration expires.
RULE 48 ISSUE OF CERTIFICATE OF REGISTRATION
-On receipt of an application under Rule 47 and after verification of the
documents furnished therewith, the registering authority shall, subject
to the provisions of Section 44 , issue to the owner of the motor vehicle a
47 ["certificate of registration in Form 23 or Form 23-A, as may be
specified in the Notification issued by the concerned State Government
or Union Territory Administration,"]: 44 [Provided that where the
certificate of registration pertains to a transport vehicle it shall be
handed over to the registered owner only after recording the certificate of
fitness in Form 38].
RULE 49 REGISTRATION RECORDS TO BE KEPT BY THE
REGISTERING AUTHORITY
-Every registering authority shall keep in Form 24 a permanent register
of motor vehicles registered by it under Section 41 and of motor vehicles
of other States for which new registration marks are assigned by it under
sub-section (2) of section 47 and shall also enter in such record under
the respective registration numbers, all changes made with reference to
the provisions of sub-section (10) or sub-section (14) of section 41 ,
sub-section (5) of section 49 , sub-section (6) of section 50 , sub-sections
(1). (2), (3), and (5) of section 51 , sub-section (4) of section 52 , orders of
suspension under Section 53 and order of cancellation under Section 54
and section 55
RULE 50 FORM AND MANNER OF DISPLAY OF REGISTRATION MARKS
ON THE MOTOR VEHICLES
48(1) The registration mark referred to in sub-section (6) of section 41
shall be displayed both at the front and at the rear on all motor vehicles
clearly and legibly on a plain surface of a plate or part of the vehicle not
inclined to vertical by more than thirty degrees, at the front facting direct
to the front and at the rear facing direct to the rear.
(2) In the case of motor cycles the registration mark in the front shall be
displayed parallel to the handle bar on any part of the vehicle including
mudguard facing the front instead of, on a plate in line with the axis of
the vehicle]. Provided that:(a) the registration mark exhibited at the rear of a transport vehicle shall
be.
affixed to the vehicle on the right hand side at a distance not exceeding
one
metre from the ground as may be reasonably possible having regard to
the type of the body of the vehicle ;
(b) the registration mark shall also be painted on the right and left side
on the body of the vehicle in the case of a transport vehicle ;
(c) the registration mark shall also be painted and exhibited on the
partition provided between the driver and the passengers, facing the
passengers' seats or, where there is no such partition, on the front
interior of the vehicle near the roof to the left side of the driver's seat
facing the passengers' seats in the case of a stage carriage or a contract
carriage and in the case of a motor cab or a taxi cab it shall be sufficient
if the registration mark is painted on the dash-board;
51
(d) the letters of the registration mark shall be in English and the figures
shall be in Arabic numerals and shall be shown:—
(A) in the case of transport vehicles in Black colour on Yellow
background; and
(B) in other cases, in Black colour on White background, the registration
mark on the trailer shall be exhibited on the left hand side in Black
colour on Yellow background. In addition, the registration mark on the
drawing vehicle shall be exhibited on the trailer also
and this shall be done on the right hand side at the rear of the trailer or
the last trailer as the case may be, in Black colour on retro-reflective tyre
yellow background:
Provided that where provisions of this clause have not been complied
with in respect of
motor vehicle, on or before the commencement of the Central Motor
Vehicles (8th Amendment) Rules, 2001, then the provisions shall be
complied with,—
(i) in respect of transport vehicle, on or before 1st February, 2002; and
(ii) in other cases, on or before 1st July, 2002".
46 [(3) The registration mark shall be exhibited in two lines, the State
code and registering authority code forming the first line and the rest
forming the second line, one below the other : Provided that the
registration mark in the front may be exhibited in one line: Provided
further that in models of two vehicles having no sufficent provision at the
rear to exhibit the registration mark in two lines, i.t shall be sufficient if
in such' vehicles registration mark is exhibited in a single line: Provided
further that registration mark on a light motor vehicle may be in the
center with illumination.
(4) Every motor vehicle, except motor cab and motor car, manufactured
on and from the date of commencement of the Central Motor Vehicles
(Amendment) Rules, 1993, shall be provided with sufficient space in the
rear for display of registration mark in two lines(5) In case of agricultural tractors, the registration mark need not be
inclined to the vertical by more than 30 degrees.
(6) The registration mark of the drawing agricultural tractor may not be
exhibited on the agricultural trailer or traitors].
RULE 52 RENEWAL OF CERTIFICATE OF REGISTRATION
(1) An application by or on behalf of the owner of a motor vehicle, other
than a transport vehicle, for the renewal of a certificate of registration,
shall be made to the registering authority in whose jurisdiction the
vehicle is, in Form 25 not more than sixty days before the date of its
expiry, accompanied by the appropriate fee as specified in Rule 81 .
(2) On receipt of an application under sub-rule (1), the registering
authority shall refer the vehicle to the authority referred to in
sub-section (1) of section 56 and after obtaining a certificate of fitness
from that authority, renew the certificate of registration : Provided that in
a case where the certificate of fitness is granted on a date after the expiry
of a certificate of registration, the renewal shall be made from the date of
grant of the certificate of fitness for a period of five years.
(3) A motor vehicle other than a transport vehicle shall not be deemed to
be validly registered for the purposes of section 39 , after the expiry of the
period of validity entered in the certificate of registration and no such
vehicle shall be used in any public place until its certificate of
registration is renewed under sub-rule(2).
RULE 53 ISSUE OF DUPLICATE CERTIFICATE OF REGISTRATION
(1) If at any time, the certificate of registration is lost or destroyed the
owner shall report to the police station in the jurisdiction of which the
loss or destruction has occurred and intimate that fact in writing to the
registering authority by whom the certificate of registration was issued.
(2) An application for the issue of a duplicate certificate of registration
shall be made to the 54 56 ["original registering authority"]in Form 26
and shall be accompanied by the appropriate fee as specified in Rule 81 .
RULE 54 ASSIGNMENT OF NEW REGISTRATION MARK
(1) An application for the assignment of a new registration mark under
sub-section (1) of section 47 shall be made in Form 27 and shall be
accompanied by a no objection certificate in Form 28 along with the
appropriate fee as specified in Rule 81 , within a period of thirty days
from the date of expiry of the period specified in the said section :
Provided that where a motor vehicle is intended to be kept in a State for a
period exceeding twelve months and the owner of such vehicle makes a
declaration to that effect, the application may be made at any time within
the said period of twelve months.
(2) On receipt of an application under sub-rule (1) the registering
authority shall, subject to the provision of section 44 , assign to the
vehicle the registration mark.
RULE 55 TRANSFER OF OWNERSHIP
(1) Where the ownership of a motor vehicle is transferred, the transferor
shall report the fact of transfer in Form 29 to the registering authorities
concerned in whose jurisdiction the transferor and the transferee reside
or have their places of business.
(2) An application for the transfer of ownership of a motor vehicle under
sub-clause (i) of clause (a) of sub-section (1) of section 50 shall be made
by the transferee in Form 30, and shall be accompanied by-
(i) the certificate of registration ;
(ii) the certificate of insurance ; and
(iii) the appropriate fee as specified in Rule 81 .
(3) An application for transfer of ownership of a motor vehicle under
sub-clause (ii) of clause (a) of sub-section (1) of Section 50 shall be made
by the transferee in Form 30 and shall, in addition to the documents and
fee referred to in sub-rule (2), be accompanied by one of the following
documents, namely :(a) a no objection certificate granted by the registering authority under
subsection (3) of Section 48 ; or
(b) an order of the registering authority refusing to grant the no objection
certificate under sub-Section (3) of Section 48 ; or
(c) where the no objection certificate or the order, as the case may be, has
not been received, a declaration by the transferor that he has not
received any- such communication together with(i) the receipt obtained from the registering authority under sub-section
(2) of Section 48 ; or
(ii) the postal acknowledgment received from the registering authority
where the application for no objection certificate has been sent by post.
RULE 56 TRANSFER OF OWNERSHIP ON DEATH OF OWNER OF THE
VEHICLE
(1) Where the owner of a motor vehicle dies, the person succeeding to the
possession of the vehicle may for a period of three months, use the
vehicle as if it has been transferred to him where such person has, within
thirty days of the death of the owner informs the registering authority of
the occurrence of the death of the owner and of his own intention to use
the vehicle.
(2) The person referred to in sub-rule (1) shall apply in Form 31 within
the period of three months to the said registering authority for the
transfer of ownership of the vehicle in his name, accompanied by(a) the appropriate fee as specified in Rule 81 ;
(b) the death certificate in relation to the registered owner ; (c) the
certificate of registration ; and (d) the certificate of insurance.
RULE 57 TRANSFER OF OWNERSHIP OF VEHICLE PURCHASED IN
PUBLIC AUCTION
(1) The person who has acquired or purchased a motor vehicle at a public
auction conducted by or on behalf of the Central Government or a Stale
Government shall make an application in Form 32 within thirty days of
taking possession of the vehicle to the registering - authority
accompanied by(a) the appropriate fee as specified in Rule 81 ;
(b) the certificates of registration and insurance ;
(c) the certificate or order confirming the sale of the vehicle in his favour
duly signed by the person authorised to conduct the auction ; and
(d) the certified copy of the order of the Central Government or State
Government authorising the auction of the vehicle.
(2) Where the vehicle auctioned is a vehicle without any registration
mark or with a registration mark which on verification is found to be
false, the registering authority shall, subject to the provisions of Section
44 , assign a new registration mark to the vehicle in the name of the
Department of the Central Govenrment or State Government auctioning
the vehicle and thereafter record the entries of transfer of ownership of
the vehicle giving the name and address of the person to whom the
vehicle is sold.
RULE 58 NO OBJECTION CERTIFICATE
(1) An application for the issue of a no objection certificate under Section
48 in respect of a motor vehicle shall be made in Form 28 to the
registering authority by which the vehicle was previously registered,
accompanied by(a) the certified copy of the certificate of registration ; (b) the certified
copy of the certificate of insurance ; (c) evidence of payment of motor
vehicle tax up-to-date ;
(a) where no tax is payable for a certain period a certificate from the
tax-collecting authority that no tax is due from the vehicle for the said
period.
(2) In the case of a transport vehicle, in addition to the documents
referred to in sub-rule (1), documentary evidence in respect of the
following mailers shall also be furnished, namely:(a) that the vehicle is not covered by any permit issued by any transport
authority ;
(b) that the sum of money agreed upon to be paid by the holder of the
permit under sub-section (5) and (6) of Section 86 , if any, is not pending
recovery ;
(c) evidence of payment of tax on passengers and goods under any law for
the lime being in force up to the date of application for a no objection
certificate.
(3) On receipt of an application under sub-rule (1), the registering
authority shall fill Part-III of Form 28 and return that part to the
applicant duly signed.
(4) Where the registering authority grants or refuses to grant the no
objection certificate, it shall return the duplicate copy of the said Form to
the applicant and the triplicate copy to the other registering authority
after duly filling and signing Part II thereof.
RULE 59 CHANGE IN RESIDENCE
-An application for recording a change in the residence in the certificate
of registration of a motor vehicle shall be made by the owner of the
vehicle in Form 33 accompanied by the certificate of registration and
proof of address in the manner specified in the Rule 4 and the
appropriate fee as specified in Rule 81
RULE 60 ENDORSEMENT OF HIRE-PURCHASE AGREEMENTS, ETC
-An application for making an entry of hire-purchase, lease or
hypothecation agreement in the certificate of registration of a motor
vehicle required under sub-section (2) of Section 51 shall be made in
Form 34 duly signed by the registered owner of the vehicle and the
financier and shall be accompanied by the certificate of registration and
the
appropriate fee as specified in Rule 81
RULE 61 TERMINATION OF HIRE-PURCHASE AGREEMENTS, ETC
(1) An application for making an entry of termination of agreement of hire
purchase, lease or hypothecation referred to in sub-section (3) of Section
51 shall be made in Form 35 duly signed by the registered owner of the
vehicle and the financier, and shall be accompanied by the certificate of
registration and the appropriate fee as specified in Rule 81 .
(2) The application for the issue of a fresh certificate of registration under
sub-section(5)of Section 51 shall bemade in Form 36 and shall be
accompanied by a fee as specified in Rule 81.
(3) Where the registered owner has refused to deliver the certificate of
registration to the financier or has abscinded then the registering
authority shall issue a notice to the registered owner of the vehicle in
Form 37.
RULE 62 VALIDITV OF CERTIFICATE OF FITNESS
(1) A certificate of fitness in respect of a transport vehicle granted under
Section 56 shall be in Form 38 and such certificate when granted or
renewed shall be valid for the period as indicated below : (a) new
transport vehicle two years (b) renewal of certificate of fitness in respect
of vehicles mentioned in (a) above 52 [* * *] one year 53 [(c) renewal of
certificate of fitness in respect of vehicles covered under rule 82 of these
rules three years] (d) fresh registration of imported vehicles same period
as in the manufactured in India having regard case of vehicles to the date
of manufacture.
5557 Ommitted
(2) The fee for the grant or renewal of a certificate of fitness shall be
specified in Rule 81.
RULE 63 REGULATION AND CONTROL OF AUTHORISED TESTING
STATION
-(1) No operator of an authorised testing stations shall issue or renew a
certificate of fitness to a transport vehicle under Section 56 without a
letter of authority in Form 39 granted by the registering authority.
(2) An application for grant or renewal of a letter of authority under
subrule (1) shall be made in Form 40 to the registering authority having
jurisdiction in the area in which the service station or garage is situated
and shall be accompanied by,(a) the appropriate fee as specified in Rule 81 ;
(b) a security deposit of @1 [rupees one lakh] in such manner as may be.
specified by the Slate Government.
Explanation-For the purpose of this Rule and rules 64 to rule 72 , the
registering
authority means an officer not below the rank of the regional transport
officer of the Motor Vehicles Department established under Section 213 .
(3) A registering authority shall, when considering an application for the
grant or renewal of a letter of authority, have regard to the following
matters, namely :(a) the applicant or at least one of the members of the staff employed by
him
for the inspection of transport vehicles for the purpose of issue or
renewal of certificate of fitness possesses the following minimum
qualifications ;
(i) a 59 [three years] diploma in automobile engineering or mechanical
engineering or an equivalent qualification ;
(ii) experience of minimum service of five years in an automobile
workshop undertaking
repairs of heavy goods vehicles, heavy passenger motor vehicles,
medium motor vehicles and light motor vehicles ;
(iii) a driving licence to drive motorcycles, heavy passenger motor
vehicles and heavy goods vehicles with a minimum driving experience of
not less than five years ;
(iv) thorough knowledge of the Act and the Rules made thereunder,
especially the
Chapters relating to registration of motor vehicles and construction,
equipment and maintenance of motor vehicles ;
(b) the premises where the authorised testing station is to be housed is
either owned by the applicant or is taken on lease by him or is hired in
his name and it has 60 [minimum of one acre of land] for administrative
section, reception from and 61 [sanitary block and space for erection] of
testing equipments and other apparatus ;
(c) inspection lanes are provided adjacent to the building in the same
compound or at other places approved by the registering authority ;
(d) testing equipments and apparatus are installed in such manner that
vehicles may pass through with ease and speed ;
62 [(e) the applicant maintains in good condition, the equipment and
apparatus for undertaking test pertaining to exhaust gas, smoke
emission, brake system, head-lights, wheel alignments, compressors,
speedometers and other like components];
(f) the financial resources of the applicant are sufficient to provide for its
continued maintenance.
(g) The applicant maintains an up-to-date copy of the Act, these Rules
and the concerned State Motor Vehicles Rules.
(4) The registering authority shall also, when considering an application
under this Rule, take into consideration the fact that the setting up of
the authorised testing station will improve the availability of testing
facilities in the area both in relation to the number of vehicles and
proximity to such facilities.
(5) The registering authority may, on receipt of an application under
sub-rule (2) and after satisfying himself that the applicant has complied
with the requirements of sub-rules (3) and (4), grant or renew the letter of
authority in Form 39 : Provided that no application for a letter of
authority shall be refused by the registering authority unless the
applicant is given an opportunity of being heard and reasons for such
refusal are given in writing by the registering authority.
RULE 64 DURATION OF LETTER OF AUTHORITY
-A letter of authority granted or renewed shall be effective for a period of
five years from the date of grant or renewal.
RULE 65 GENERAL CONDITIONS TO BE OBSERVED BY THE HOLDER
OF LETTER OF AUTHORITY
-The holder of a letter of authority shall(a) maintain a register with a separate page for each vehicle containing
the registration number of the vehicle for which the certificate of fitness
is granted or renewed, the make and model of the vehicle, the engine
number and the chassis number of the vehicle along with the pencil
point of the chassis number, the name and address of the owner of the
vehicle, particulars of any permit of such vehicle, period of validity of
certificate of fitness granted or renewed and the signature of the owner of
the vehicle or his authorised representative;
(b) forward the particulars of the transport vehicles for which certificates
of fitness have been granted or renewed and die period of validity of such
certificate, within two days of grant or renewal of the certificate of fitness,
to the authority which has granted the permit and where the transport
vehicle is not covered by a permit, to the transport authority in whose
judrisdiction the vehicle is kept ;
(c) issue to every transport vehicle satisfying the requirements of Section
56 , a certificate of fitness in accordance with the provisions of Rule 62 ;
(d) not shift the place of business mentioned in the letter of authority
without the prior approval in writing of the registering authority which
granted the letter of authority;
(e) keep the premises of the testing station and the records and registers
maintained by it and all the machinery, equipment and apparatus in the
premises at all reasonable times open for inspection by the registering
authority or any person of the Motor Vehicles Department of the State
Government established under Section 213 authorised in this behalf by
the registering authority;
(f) display at a prominent place in its main office the following :(i) the letter of authority in original issued to the authorised testing
station by the registering authority:
(ii) the name and address of the person authorised to issue or renew the
certificate of fitness:
(iii) the qualifications of the persons referred to in clause (a) of sub-rule
(3) of Rule 63 ;
(g) not charge a fee for inspection of a vehicle for the purpose of issue or
renewal of the appropriate certificate of fitness in excess of the fee
specified in Rule 81 ;
(h) surrender to the Regional Transport Authority having jurisdiction
over the area, the register referred to in clause (a) as soon as entries in all
the pages in the register are completed and in any case not later than two
days after such completion.
RULE 66 ISSUE OF DUPLICATE LETTER OF AUTHORITY
(1) If at any time the letter of authority granted or renewed under
sub-rule (5) of Rule 63 is lost or destroyed, the holder of the letter of
authority shall report to the police station in the jurisdiction of which the
loss or destruction has occurred and intimate the fact in writing to the
registering authority which granted or renewed the letter of authority
and shall apply for a duplicate.
(2) On receipt of an application along with the appropriate fee as
specified in Rule 81 , the registering authority may issue a duplicate
letter of authority clearly marked "Duplicate".
(3) If after the issue of a duplicate letter of authority, the original is
traced, the same shall be surrendered forthwith to the registering
authority by which it was issued.
RULE 67 SUPERVISION OF AUTHORISED TESTING STATIONS
-The registering authority or any officer of the Motor Vehicles
Department of the State Government duly authorised in this behalf by
the registering authority may, at any time, conduct test checks at the
premises of the authorised testing station with a view to ensure that the
vehicles are properly tested by the authorised testing station,
RULE 68 POWER OF REGISTERING AUTHORITY OR REGIONAL
TRANSPORT AUTHORITY TO CALL FOR INFORMATION
-The authorised testing station shall submit to the registering authority
or the Regional Transport Authority having jurisdiction in the area, such
information or returns as may be called for by such authority from time
to time.
RULE 69 POWER OF REGISTERING AUTHORITY TO SUSPEND OR
CANCEL THE LETTER OF AUTHORITY OR FORFEIT SECURITY
DEPOSIT
(1) If the registering authority is satisfied after giving the holder of a letter
of authority an opportunity of being heard, that he has(a) failed to maintain the equipment, machinery and apparatus referred
to in sub-clause (e) of sub-rule (3) of Rule 63 in good condition ; or
(b) failed to comply with the other requirements laid down in sub-rule (3)
of Rule 63 ; or
(c) failed to observe correct standards of testing before granting or
renewing certificates of fitness as noticed at the time of test-checking
referred to in Rule 67 or the frequency of accidents involving transport
vehicles covered
by certificates of fitness granted or renewed by the authorised testing
station attributable to any mechanical defect of the vehicle, it may(i) suspend the letter of authority for a specified period ; or
(ii) cancel the letter of authority ; or
(iii) order forfeiture of the security deposit furnished by the authorised
testing station.
(2) Where the letter of authority is suspended or cancelled under
sub-rule (1), the holder of the letter of authority shall, within thirty days
of the receipt of the order of forfeiture, remit to the registering authority
the amount ordered to be forfeited so that the requirement of sub-rule (2)
of Rule 63 in relation to deposit of security is complied with.
RULE 70 APPEAL
-Any person aggrieved by an order of the registering authority under
sub-rule (5) of Rule 63 or sub-rule (1) of Rule 68 , may, within thirty days
of the receipt of the order, appeal to the Head of the Motor Vehicles
Department of the State Government established under Section 213
RULE 71 PROCEDURE FOR APPEAL
(1) An appeal under Rule 70 shall be preferred in duplicate in the form of
a memorandum, setting forth the grounds of objections to the order of
the registering authority and shall be accompanied by the appropriate
fee as specified in Rule 81 and a certified copy of such order.
(2) The appellate authority may, after giving an opportunity to the parties
to be heard and after such enquiry as it may deem necessary, pass
appropriate orders.
RULE 72 VOLUNTARY SURRENDER OF LETTER OF AUTHORITY
(1) The holder of a letter of authority may, at any time, surrrender the
letter of authority issued to him, to the registering authority which has
granted the letter of authority and on such surrender, the registering
authority shall cancel the letter of authority forthwith.
(2) On cancellation of the letter of authority under sub-rule (1), the
registering authority shall refund to the holder of the letter of authority,
the amount of security deposit referred to in sub-rule (2) of Rule 63 in
full and without any interest.
RULE 73 TAX CLEARANCE CERTIFICATE TO BE SUBMITTED TO THE
TESTING STATION
-No authorised testing station shall accept an application for the giant or
renewal of a certificate of fitness unless the same is accompanied by a
tax clearance certificate in such form as may be specified by the State
Government, from the Regional Transport Officer or Motor Vehicle
Inspector having jurisdiction in the area to the effect that the vehicle is
not in arrears of motor vehicle tax or any compounding fee referred to in
sub- sections (5) and (6) of Section 86
RULE 74 ASSIGNMENT OF REGISTRATION MARKS TO THE VEHICLES
BELONGING TO THE CENTRAL GOVERNMENT USED FOR DEFENCE
PURPOSES
-The authority referred to in sub-section (1) of Section 60 shall assign
registration marks to the vehicles belonging to the Central Government
and used for defence purposes in the following manner, namely :- A
group of figures followed by a single capital letter, a broad arrow, not
more than six figures and a capital letter or a group of letters. The
registration mark shall be in English letters and Arabic numerals.
RULE 75 STATE REGISTER OF MOTOR VEHICLES
(1) Each State Government shall maintain a State register of motor
vehicles in respect of motor vehicles registered in the State in Form 41.
(2) Each State Government shall 65 66 send to the Director (Transport
Research), Ministry of Surface Transport, New Delhi, a printed copy of
the register referred to. in sub-rule (1).
RULE 76 REGISTRATION OF VEHICLES OF DIPLOMATIC AND
CONSULAR OFFICERS
(1) Every application for registration of a motor vehicle code sub-section
(1) of Section 42 by or on behalf of any diplomatic officer or consular
officer shall be made in triplicate by the head of the mission or consular
officer in Form 42 and be addressed to the registering authority through
the Competent Authority accompanied by the relevant documents and
fees referred to in Rule 47 .
(2) The Competent Authority shall forward one copy of the application to
the registering authority concerned together with a statement certifying
the status of the person applying for registration and shall return one
copy of the application to the applicant. The third copy of the application
may be retained by the Competent Authority for record.
(3) The registering authority shall, on receipt of the application duly
endorsed under sub-rule (2), register the vehicle, subject to the
provisions of Section 44 .
(4) The registering authority shall issue to the owner of a motor vehicle
registered by it under sub-rule (3), a certificate of registration in Form 43
and shall enter in a register to be kept by it, particulars of such
certificate.
(5) The registering authority shall assign to the motor vehicle for display
thereon in the manner specified in Rule 77 , the registration mark in
accordance with sub-rule (6) or sub-rule (7), as the case may be.
(6) A motor vehicle belonging to a diplomatic mission or to a consular
post in Delhi or to any of its diplomatic or consular officers shall be
assigned a registration mark consisting of the letters "CD" preceded by
the number allotted to the mission or post by the Ministry of External
Affairs of the Government of India and followed by a number allotted to
the vehicle by the registering authority in the following manner, namely:(i) an official vehicle meant for the use of the head of a mission or post
shall be allotted the number "1" ;
(ii) personal vehicles of the head of the mission or post shall be allotted
the
number "1", followed consecutively, in alphabetical order, by a letter
beginning with the letter "A" ;
(iii) official vehicles, other than those referred to in clause (i), shall be
allotted consecutive numbers beginning with the number "2" ;
(iv) vehicles belonging to other officers of the mission or post shall be
allotted numbers in consecutive order after the last number allotted
under clause (iii) ;
(v) vehicles acquired by a mission or post, or by its diplomatic or
consular officer, other than heads of missions or posts, shall be allotted
numbers in consecutive order after the last number allotted under
clause (iv) irrespective
of whether such vehicle is for official or personal use of the mission or
post or any of its officers ;
(vi) a number allotted to a vehicle under any of the clauses (i) to (iv).
which
is lying unutilised due to sale or export of such vehicle or cancellation of
its
number may be allotted to another vehicle under the same clause in
respect of which an application has been made under sub-rule (1).
(7) A motor vehicle belonging to a consular post outside Delhi or to any of
its officers shall be assigned a registration mark consisting of the letters
"CC" preceded by the number of the post allotted to it by the Ministry of
External Affairs of the Government of India and followed by a number
allotted to the vehicle by the registering authority out of a block of
numbers allotted for that post in the following manner, namely:(i) an official vehicle meant for the use of the head of a consular post shall
be allotted the first number from the block of numbers allotted to that
post ;
(ii) personal vehicles of the Consul-General shall be allotted the number
referred to in clause (i), followed consecutively in alphabetical order by a
letter beginning with the letter "A" ;
(iii) official vehicles other than those referred to in clause (i), shall be
allotted
consecutive numbers beginning with the second number from the block
of numbers allotted to the post ;
(iv) vehicles belonging to other officers of the post shall be allotted
numbers in consecutive order after the last number allotted under
clause (iii) ;
(v) vehicles acquired by a post, or by its consular officers, other than the
head of the post shall be allotted numbers in consecutive order after the
last
number allotted under clause (iv) irrespective of whether such vehicle is
for official or personal use of the post or any of its officers ;
(vi) a number allotted to a vehicle under any of the clauses (i) to (v), which
is
lying unutilised due to sale or export of such vehicle or cancellation of its
number, may be allotted to another vehicle under the same clause in
respect of which an application has been made under sub-rule (i).
67 'Explanation :- For the purposes of this rule and rules 77,78 and 79,
" Competent authority" means :- (i) in relation to a diplomatic officer or a
consular officer who has his residence in Delhi, the Chief of Protocol to
the Government of India in the Ministry of
External Affairs ; and (ii) in relation to a diplomatic officer or a consular
officer who has his residence at any other place, the Secretary
(Transport) to the State Government'.
RULE
76A
APPLICATION
OF
RULE
76,
TO
RULE
80
TO
ORGANISATIONS NOTIFIED UNDER THE UNITED NATIONS
(PRIVILEGES AND IMMUNITIES) ACT. 1947
63 The provisions of Rules 76 and rule 77 to rule 80 shall apply to the
motor vehicles of diplomatic officers of the organisations notified under
the United Nations (Privileges and Immunities) Act. 1947 (46 of 1947) as
they apply to a diplomatic officer or consular officer with the modification
that in Rule 76 ,- (a) in sub-rule (6). for the letters "CD", the letters "UN"
shall be substituted; and (b) in sub-rule (7). for the letters "CC". the
letters "UN"' shall be substituted.]
RULE 76B 76B
64(1) Registration of Vehicles of home-based non-diplomatic official of
diplomatic missions or consular posts. A motor vehicle belonging to a
non-diplomatic official of a diplomatic mission or a consular post in
Delhi shall be assigned a registration mark consisting of letters "CDP"
proceeded by the number allowed to the mission or post by the Ministry
of External Affairs of the Government of India and followed by a number
allotted to the vehicle by the registering authority.
(2) A motor vehicle belonging to a home-based non-diplomatic official of a
consular post outside Delhi shall be assigned a registration mark
consisting of the letters "CCP" preceded by the number of the post
allotted to it by the Ministry of External Affairs of the Government of
India and followed by the number allotted to the vehicle by the
registering authority.]
RULE 77 EXHIBITION OF REGISTRATION MARK
(1) The registration mark assigned under sub- rules (5) to (7) of Rule 76
shall be clearly exhibited in reflecting colour both at the front and rear of
the vehicle on the plain surface of a plate or part of the vehicle and the
size of which shall be 41 centimetres by 14 centimetres(i) with deep blue background, the registration mark and the number
being in white in the case of motor vehicles referred to in sub-rule (6) of
Rule 76 ;
(ii) with yellow background, the registration mark and the number being
in black, in the case of motor vehicles referred to in sub-rule (7) of Rule
76 .
(iii) with light green background, the registration mark and the number
being in white in case of motor vehicles referred to in rule 76B .]
(2) The registration mark shall be in English letters and Arabic numerals
and(i) save in the case of a motorcycle or an invalid carriage, the letters shall
be not less than 6 centimetres high and 2 centimetres thick at any part,
the numerals shall be not less than 9 centimetres high and 2 centimetres
thick at any part, and there shall be a space between any letter and any
numeral and between any letter or any numeral and the edge of the plain
surface of not
less than 1 centimetre and a space between any two letters and between
any two numerals of not less than 1 centimetre; and
(ii) in the case of a motorcycle or an invalid carriage, the dimensions of
the
letters and figures shall not be less than two-thirds of those specified in
clause (i).
(3) The plain surface referred to in sub-rule (2) shall not be inclined from
the vertical by more than thirty degrees. The letters and numerals shall
be exhibited as follows:(i) in the case of a transport vehicle, the registration mark shall be
exhibited
in two separate horizontal lines, the number allotted to the mission or
post
and the letters forming the first line followed by the number allotted by
the registering authority in the second line; and
(ii) in all other cases, the registration mark may exhibit the letters and
numerals either in two horizontal lines as aforesaid or in one horizontal
line.
(4) Notwithstanding anything contained in sub-rule (1), the registration
mark exhibited at the front of a motorcycle or an invalid carriage may be
displayed on a plate in line with the axis of the vehicle and shall, in such
a case, be displayed on both sides of the plate.
(5) In the case of a trailer:(i) the registration mark shall be exhibited on a plate or surface on the
left
hand side of the trailer, the dimensions of the letters and figures being
not less than two- thirds of the dimensions specified in sub-rule (2);
(ii) the registration mark of the drawing motor vehicle to be affixed to the
rear of the trailer shall be in conformity with the provisions of these rules
relating to the registration mark affixed to the rear of the motor vehicle.
(6) The registration mark shall also be painted on the right and left side
of the body of a transport vehicle.
RULE 78 ASSIGNMENT OF NEW REGISTRATION MARK ON REMOVAL
OF VEHICLE TO ANOTHER STATE
(1) Every application for assignment of new registration mark on removal
to another State under sub-section (1) of Section 47 by or on behalf of a
diplomatic officer or consular officer shall be made in triplicate in Form
44 and shall be addressed to the registering authority through the
competent authority accompanied by the relevant documents and fees
referred to in rule 54 .
(2) The provisions of sub-rules (2) to (7) of Rule 76 shall apply to an
application made under sub-rule (1) as they apply to an application
made under sub-rule (1) of Rule 76 .
RULE 79 SUSPENSION AND CANCELLATION OF REGISTRATION OF
VEHICLE REGISTERED UNDER RULE 76
If, under the provisions of Section 53 , Section 54 or Section 55 the
registration of a motor vehicle made in accordance with Rule 76 is
suspended or cancelled, then a copy of the order of suspension or
cancellation shall be sent to the Competent Authority in addition to each
of the authorities or persons to whom a copy has to be sent under the
said Sections.
RULE 80 TRANSFER OR DISPOSAL OF MOTOR VEHICLE REGISTERED
UNDER RULE 76
(1) Where a motor vehicle registered in accordance with Rule 76 is
transferred by way of sale or otherwise, the transferor shall, within
fourteen days, report the fact of the transfer along with the full name and
address of the person to whom the vehicle is transferred to the
registering authority within whose jurisdiction the transfer is effected
and shall simultaneously send copies of the said report to:(a) the transferee;
(b) the competent authority;
(c) the Collector of Customs of the port of importation of the vehicle and
where it is not possible to locate the port of importation, to the Collector
of
Central Excise and Customs nearest to the headquarters of the
transferred ; and
(d) the original registering authority in whose records the registration of
the
vehicle is recorded, if the transfer is effected in the jurisdiction of another
registering authority,
and shall also surrender the number plate in respect of the vehicle to the
registering authority in whose records the registration of the vehicle is
recorded, when the transfer is to a person other than a diplomatic officer
or a consular officer.
(2) Where the transferee is a diplomatic officer or a consular officer, an
application by him or on his behalf shall be made to the registering
authority for registration of the vehicle in accordance with the provision
of Rule 76 .
RULE 82 TOURIST PERMITS
(1) An application for the grant of permit in respect of a tourist vehicle
(hereinafter referred to in these rules as a tourist permit) shall be made
in Form 45 to the State Transport Authority.
(2) 72 [* * *]
73
[ 74
[(a)] A tourist permit shall be deemed to be invalid from the date on which
the motor vehicle covered by the permit completes 9 years in the case of
a
motor cab and 8 years where the motor vehicle is other than a motor cab,
unless the motor vehicle is replaced];
74 [(b)] Where a vehicle covered by a tourist permit is proposed to be
replaced by another, the latter vehicle shall not be more than two years
old on the date of such replacement.
Explanation.-For the purposes of this sub-rule, the period of 75 [9 years
or 8 years] shall be computed from the date of initial registration of the
motor vehicle.
RULE 83 AUTHORISATION FEE
(1) An application for the grant of authorisation for a tourist permit shall
be made in Form 46 and shall be accompanied by a fee of Rs. 500 per
annum in the form of a bank draft.
76 (2) Every authorization shall be granted in Form 23-A, in case the
certificate of registration is issued on Smart Card or shall be granted in
Form 47, in case the authorization is in paper document mode subject to
the payment of taxes or fees, if any, levied by the concerned State. The
authority which grants the authorization shall issue to the permit holder
separate receipts for such taxes or fees in respect of each bank draft and
such receipts shall be security printed watermark paper carrying such
hologram as may be specified by the concerned State/Union Territory :
Provided that the Bank Drafts received in respect of taxes or fees shall
invariably be forwarded by the authority which grants the authorisation
to the respective States :
Provided also that the use of such security printed watermark paper
carrying
such hologram shall come into force on or before six months from the
date
of commencement of the Central Motor Vehicles (Third Amendment)
Rules, 2002.
77 [(2a) The authority which grants the authorisation shall inform the
State Transport Authorities concerned the registration number of the
motor vehicle, the name and address of the permit holder and the period
for which the said authorisation is valid : [ 78 **] 79 "Provided that where
the permit holder undertakes to pay the tax direct to the concerned State
Transport Authority at the time of entry in his jurisdiction, the
authorisation shall expressly state that it has been issued subject to
payment of taxes to the concerned State Transport Authority"
(3) The period of validity of an authorisation shall not exceed one year at
a time 80 [* * *]
RULE 84 RIGHT OF OPERATION
-No tourist permit shall be deemed to confer the right of operation in any
State not included in the authorisation referred to in Rule 83 nor shall it
exempt the owner of a vehicle from the payment of tax or fee, if any,
leviable in any State.
RULE 85 ADDITIONAL CONDITIONS OF TOURIST PERMIT
-The following shall be the additional conditions of every tourist permit
granted to a tourist vehicle other than a motor cab under sub-section (9)
of Section 88 , namely :(1) the permit holder shall cause to be prepared in respect of each trip a
list in triplicate of tourist passengers to be carried in the vehicle, 81 [* * *]
giving full particulars as under:(a) name of the passenger, (b) address of the passenger, (c) a age of the
passenger,
(d) starling point and the point of destination.
82 [(2) one copy of the list referred to in sub-rule (1) shall be carried in
the tourist vehicle and shall be produced on demand by the officers
authorised to demand production of documents by or under the
provisions of the Act and the Rules, and the second copy shall be
preserved by the permit holder];
(3) The tourist vehicle shall either commence its journey, or end its
journey, circular or otherwise, in the home State, subject to the
condition that the vehicle shall not remain outside the home State for a
period of more than 82 [three months]. The permit holder shall see that
every return of the tourist vehicle to the home State is reported to the
authority which issued the permit : Provided that where the contracted
journey ends outside the home State, the vehicle shall not be offered for
hire within that State or from that State to any other State except for the
return journey to any point in the home State.
(4) The tourist vehicle may operate circular tours of places lying
exclusively in the home State or in the home Stale and outside the State
if such circular tours are in the list approved by the Tourist Department
of the home Slate to visit places of tourist, historical or religious
importance and the tour is duly advertised beforehand.
(5) The permit holder or his authorised agent shall issue a receipt to the
hirer and the counterfoil of the same shall be kept available with him and
produced on demand - to the officers empowered to demand documents
by or under the Act.
(6) The tourist vehicle shall not be parked on any bus stand used by
stage carriages and shall not operate from such bus stand.
(7) The tourist vehicle shall be painted in white colour with a blue ribbon
of five centimetres width at the centre of the exterior of the body and the
word "Tourist" shall be inserted on two sides of the vehicle within a circle
of sixty centimetres diameter.
(8) The permit holder shall display in the front top of the tourist vehicle a
board in yellow with letters in black with the inscription "Tourist permit
valid in the State(s) of................" in English and Hindi and also, if he so
prefers, in the regional language of the home State.
(9) The permit holder shall not operate the tourist vehicle as a stage
carriage.
(10) The permit holder shall maintain a day-to-day logbook indicating
the name and address of the permit holder and the registration mark of
the vehicle, name and address of the driver with the particulars of his
driving licence and the starting and destination points of the journey
with the time of departure and arrival and the name and address of the
hirer.
(11) The permit holder shall furnish once in every 3 months the
information contained in condition (10) to the State Transport Authority
which granted the permit and the logbook shall be preserved for a period
of 3 years and shall be made available to the said authority on demand
along with the records referred to in conditions (2) and (4).
Explanation.-In this rule, "home State" means the State which has
granted the permit under sub-section (9) of Section 88 .
RULE 85B THE FOLLOWING SHALL BE THE ADDITIONAL
CONDITIONS OF EVERY TOURIST PERMIT IN RESPECT OF MOTOR
CABS
(1) The words "Tourist vehicle" shall be painted on both the. sides of the
vehicle within a circle of twenty-five centimetres diameter.
(2) A board with the inscription "Tourist permit valid in the State(s)
of.........." in black letters in yellow background shall be displayed in the
front of the vehicle above the registration number plates.
RULE 86 APPLICATION FOR NATIONAL PERMIT
-An application for the grant of a national permit shall be made in Form
48 to the authority referred to in Section 69
RULE 87 FORM, CONTENTS AND DURATION OF AUTHORISATION
(1) An application for the grant of an authorisation for a national permit
shall be made in Form 46 and shall be accompanied by a fee of Rs. 500
per annum in the form of a bank draft.
83 (2) Every authorization shall be granted in Form 23-A, in case the
certificate of registration is issued on Smart Card or shall be granted in
Form 47, in case the authorization is in paper document mode, subject
to the payment of taxes or fees, if any, levied by the concerned State. The
authority which grants the authorization shall issue to the permit holder
separate receipts for such taxes or fees in respect of each bank draft and
such receipts shall be security printed watermark paper carrying such
hologram as may be specified by the concerned State/Union Territory :
Provided that the Bank Drafts received in respect of taxes or fees shall
invariably be forwarded by the authority who grants the authorisation to
the respective States :
Provided also that the use of such security printed watermark paper
carrying
such hologram shall come into force on or before six months from the
date of the Central Motor Vehicles (Third Amendment) Rules, 2002.
84 [ (2-A) The authority which grants the authorisation shall inform the
State Transport Authorities concerned the registration number of the
Motor Vehicle, the name and address of the permit holder and the period
for which the said authorised is valid. ]
(3) The period of validity of an authorisation shall not exceed one year at
a time 85 [* * *]
RULE 88 AGE OF MOTOR VEHICLE FOR THE PURPOSE OF NATIONAL
PERMIT
86(1) No national permit shall be granted in respect of a goods carriage,
other than multi-axle vehicle, which is more than @3 [12] years old at
any point of time.
(2) No national permit shall be granted for a multi-axle goods carriage
which is more than 15 years old at any point of time.
(3) A national permit shall be deemed to be invalid from the date on
which a goods carriage covered by the permit completes 15 years in case
of a multi-axle goods carriage and 88 [12] years where the vehicle is other
than a multi-axle goods carriage, unless such goods carriage is replaced.
Explanation.-For the purpose of this rule, the period of 88 [12] years or
15 years, as the case may be, shall be computed from the date of initial
registration of the motor vehicle covered under its permit or the prime
mover in case of an articulated vehicle].
(4)[* * * *]
89 (5) A national permit shall be in such security printed watermark
paper and shall carry such hologram as the State Government or the
State Transport Authority, as the case may be, issuing such permit, may
specify :
Provided that the use of such security printed watermark paper carrying
such
hologram shall come into force on or before six months from the date of
commencement of the Central Motor Vehicles (Third Amendment) Rules,
2002.
RULE 89 QUARTERLY RETURN TO BE FILED BY A NATIONAL PERMIT
HOLDER
[** 92 *] 93 A national permit holder shall file quarterly a return in Form
49in respect of a motor vehicle covered by the national permit to the
authority which granted the national permit."
RULE 90 ADDITIONAL CONDITIONS FOR NATIONAL PERMIT
-The national permit issued under sub-section (12) of Section 88 shall be
subject to the following additional conditions, namely:(1) The vehicle plying under a national permit shall be painted in dry leaf
brown colour with thirty centimetres broad white borders and the words
"National permit" shall be inscribed on both sides of the vehicle in bold
letters within a circle of sixty centimetres diameter:
Provided that the body of a tanker carrying dangerous or hazardous
goods shall be painted in white colour with a dry leaf brown ribbon of 5
centimetres width around in the middle at the exterior and that of the
driver's cabin in orange colour.
(2) A board with the inscription "National permit valid in the State(s)
of................" with blue letters on white background shall be carried in
front top of such vehicle.
(3) No such vehicle shall carry any goods without a bill of lading in Form
50.
(4) The vehicle shall have a minimum of two drivers and shall be provided
with a seat across its full width behind the driver's seat providing facility
for the spare driver to stretch himself and sleep: 90 [Provided that this
sub-rule shall apply to light motor vehicle and medium goods vehicles
only from a date to be notified by the Central Government].
(5) The vehicle shall at all times cany the following documents and shall
be produced on demand by an officer empowered to demand documents
by or under the Act, namely :- (i) Certificate of fitness, (ii) Certificate of
insurance, (iii) Certificate of registration, (iv) National permit, (v)
Taxation certificate, (vi) Authorisation.
(6) The vehicle shall be subject to all local Rules or restrictions imposed
by a State Government.
(7) The vehicle shall not pick up or set down goods between two points
situated in the same State 91 [other than the home State].
RULE 91 DEFINITIONS
-In this Chapter, unless the context otherwise requires,(a) "class label", in relation to any dangerous or hazardous goods, means
the class label specified in column 3 of the Table to Rule 137 ;
(b) "consignor", in relation to dangerous or hazardous goods intended for
transportation by a goods carriage, means the owner of such dangerous
or hazardous goods;
(c) "dangerous or hazardous goods", means the goods of dangerous or
hazardous nature to human life specified in Tables I, II, and III to Rule
137 ;
(d) Emergency information panel", means the panel specified in Rule
134 ;
(e) "primary risk", in relation to any dangerous or hazardous goods,
means the most potent risk which such goods give rise to ;
(f) "subsidiary risk", in relation to any dangerous or harzardous goods,
means the subsidiary risk which such goods are likely to give rise to in
addition to the primary risk.
RULE 92 GENERAL
(1) No person shall use or cause or allow to be used in any public place
any motor vehicle which does not comply with the provisions of this
Chapter. 94 [Provided that nothing contained in this rule shall apply to
vehicles manufactured prior to the coming into force of the Central Motor
Vehicles (Amendment) Rules, 1993].
(2) Nothing in this Rule shall apply to a motor vehicle(a) which has been damaged in an accident or to a vehicle stopped or
impeded owing to shortage of fuel or other temporary defects while at the
place at which the accident or defect occurred ;
(b) which is defective or damaged and is being removed to the nearest
place of repair or disposal ; or
(c) which is more than fifty years old from the date of its registration and
is being driven for taking part in a vintage car rally: Provided that where
a motor vehicle can no longer remain under the effective control of the
person driving, the same shall not be used in a public place except by
lowing.
95 'Explanation.-For the purposes of this rule, "motor vehicle" includes
construction equipment vehicle'.
RULE 93 OVERALL DIMENSION OF MOTOR VEHICLES
(1) The overall width of a motor vehicle, measured at right angles to the
axis of the motor vehicle between perpendicular planes enclosing the
extreme points, shall not exceed,(i) in the case of a motor vehicle, other than a transport vehicle, 2.5
metres ;
(ii) in the case of a transport vehicle, 2.7 metres.
Explanation.-For purposes of this Rule, a rear-view mirror, or guard rail
or a direction
indicator (when in operation) shall not be taken into consideration in
measuring the overall width of a motor vehicle.
97 "(1-A) The overall width of a construction equipment vehicle,
measured at right angles to the axis of the construction equipment
vehicle between perpendicular planes enclosing the extreme points, shall
not exceed 3 meters while in the travel mode and such construction
equipment vehicle 99 ["shall be painted by yellow and black zebra stripes
on the portion of the width that exceeds 2.6 meters"] on the front and
rear sides duly marked for night time driving/parking suitably by red
lamps at the front and rear."; 100
"Provided that the zebra stripes need not be used on attachments."
(2) The overall length of a motor vehicle, other than a trailer, shall not
exceed,(i) in the case of motor vehicle other than a transport vehicle having not
more than two axles, 9.5 metres ;
(ii) in the case of a transport vehicle with rigid frame having two or more
axles, 11.25 metres;
(iii) in the case of an articulated vehicle having more than two axles, 16
metres ;
(iv) in the case of truck trailer or tractor trailer combinations, 18 metres.
(3) In the case of an articulated vehicle or a tractor trailer combination
specially consturcted and used for the conveyance of individual load of
exceptional length,(i) if all the wheels of the vehicle are fitted with pneumatic tyres, or
(ii) if all the wheels of the vehicle are not fitted with pneumatic tyres, so
long as the vehicle is not driven at a speed exceeding twenty-five
kilometres per hour, the overall length shall not exceed 18 metres.
Explanation.-For the purposes of this Rule "overall length" means the
length of the vehicle measured between parallel planes passing through
the extreme projection points of the vehicle exclusive of(i) a starting handle ;
(ii) any hood when down ;
(iii) any fire-escape fixed to a vehicle ;
(iv) any post office letter-box, the length of which measured parallel to
the axis of the vehicle,' does not exceed 30 centimetres ;
(v) any ladder used for loading or unloading from the roof of the vehicle or
any tail or indicator lamp or number plate fixed to a vehicle :
(vi) any spare wheel or spare wheel bracket or bumper fitted to a vehicle ;
(vii) any lowing hook or other fitment which does not project beyond any
fitment covered by clauses (iii) to (vi).
97 (3-A) The overall length of the construction equipment vehicle, in
travel shall not exceed 12.75 meters: Provided that in the case of
construction equipment vehicle with more than two axles, the length
shall not exceed 18 meters. Explanation.-For the purposes of this
sub-rule "overall length" means the length of the vehicle measured
between parallel planes through the extreme projection points of the
vehicle, exclusive of- (i) any fire-escape fixed to a vehicle; (ii) any ladder
used by the operator to board or alight the vehicle; (iii) any tail or
indicator lamp or number plate fixed to a vehicle; (iv) any sphere wheel or
sphere wheel bracket or bumper fitted to a vehicle; (v) any towing hook or
other fitments; (vi) any operational attachment on front, rear or carrier
chassis of construction equipment vehicle in travel mode.';
(4) the overall height of a motor vehicle measured from the surface on
which the vehicle rests,(i) in the case of a vehicle other than a double-decked motor vehicle, shall
not exceed 3.8 metres;
(ii) in the case of a double-decked motor vehicle, shall not exceed 4.75
metres ;
(iii) in the case of a laden trailer carrying ISO series 1 Freight Container,
shall not exceed 4.2 metres: Provided that the provisions of clauses (i) to
(iii) shall not apply to fire-escape tower wagons and other special purpose
vehicles exempted by general or special order of registering authority.
97 "(4-A) The overall height of a construction equipment vehicle
measured from the surface on which the vehicle rests shall not exceed
4.75 meters, while in the travel mode: Provided that the provisions of this
sub-rule shall not apply to any other special purpose attachment to the
construction equipment vehicle exempted by general or special order of
the registering authority.";
(5) The overhang of a tractor shall not exceed 1.85 mettes.
96 [(6) The overhang of the motor vehicle 98 "other than a tractor and
construction equipment vehicle" shall not exceed 60% of the wheel base.
Explanation I.-For the purpose of this rule "wheel base" means,(a) in the case of vehicles with only two axles, the distance measured
horizontally and parallel to the longitudinal axis of the vehicle, between
the centre points of the front axle
and rear axle ;
(b) in case of a vehicle having only three axles, and the front axle is only
the streered axle, the distance measured horizontally and parallel to
longitudinal axis of the vehicle between the centre of the front axle and
centre point between the two rear-axles ;]
101 [Explanation II].-For the purpose of this Rule, "overhang" means the
distance measured horizontally and parallel to the longitudinal axis of
the vehicles between two vertical planes at right angles to such axis
passing through the two points specified hereunder :
(A) The rearmost point of the vehicle exclusive of(i) any hood when down ;
(ii) any post office letter-box, the length of which measured parallel to the
longitudinal axis of the vehicle, does not exceed thirty centimetres ;
(iii) any ladder forming part of a turn-table fire-escape fixed to a vehicle ,
(iv) any ladder used when the vehicle is at rest for loading or unloading
from the roof of the vehicle, or any tail lamp or number plate fixed to a
vehicle ;
(v) any spare wheel or spare wheel bracket fitted to a vehcile ;
(vi) any language carrier fitted to a motor vehicle constructed solely for
carriage of
passengers and their effects and adapted to carry not more than seven
passengers exclusive of the driver ;
(vii) any towing hook or other fitment which does not project beyond any
fitment mentioned in clauses (ii) to (vi) ;
102 [(viii) any mounted implement on a 3 point linkage of a tractor];
Provided that in the case of a stage carriage :(a) the projection of any bumper or advertisement panel fitted at the rear
of the vehicle shall not exceed fifteen centimetres ;
(b) the projection in respect of an advertisement panel shall not be such
as to obstruct either the vision from the rear view mirror or project
through the emergency exist at the rear or both ;
(B)(i) in the case of a vehicle having only two axles, one of which is not a
steering axle, the centre point of that axle ; or
(ii) in the case of a vehicle having only three axles and the front axle is the
only steering axle ; 103 [the centre point of the rear most axle] ;
(iii) in the case of the any vehicle registered in India before the
commencement of these rules it shall suffice if the overhang does not
exceed 7/24ths of the overall length of the vehicle ;
(iv) in the case of a motor vehicle having only three axles where two front
axles are steering axles, the centre point of the rearmost axle ;
(v) in the case of a motor vehicle having four axles, where two front axles
are steering axles, a point 102 millimetres in rear of the centre of a
straight line joining the centre points of the rearmost two axles ;
(vi) in any other case a point situated on the longitudinal axis of the
vehicle such that a line drawn from it at right angle to that axis will pass
trough the centre of the minimum turning circle of the vehicle.
107 (6-A) The overhang of the construction equipment vehicle shall not
exceed 7.5 meters in front or rear while in the travel mode.
Explanation.-For the purpose of this sub-rule, "overhang" means the
length/height measured horizontally and parallel to the longitudinal
axis of the construction equipment vehicle between two vertical planes at
right angles to such axis passing through- (i) the frontmost point of the
vehicle and the centre point of the front axle, for the front overhang, (ii)
the rearmost point of the vehicle and centre point of the rear axle, for the
rear overhang, exclusive of the parts or fitments
mentioned at items (i) to (vi) of the Explanation to sub-rule (3-A).
104 [(7)] No part of the vehicle other than a direction indicator, when in
operation, or a driving mirror, shall project laterally more than 355
millitetres beyond the centre line of the rear wheels, in the case of single
rear wheels, or more than 152 millimetres beyond the extreme outer
edge of the outer tyres, in the case of dual rear wheels : 105 [Provided
that in case of agricultural tractors lateral projection up to 700
millimeters beyond the central line of the rear wheel shall be permitted]:
Provided that the State Government or any authority authorised in this
behalf by the State Government, if it is satisfied that it is necessary
because of the nature of any road or bridge or in the interest of public
safety, may prohibit or restrict the operation of a motor vehicle in a
specified route or area unless such vehicle complies with the
requirements specified by the State Government for such route or area.
107 "(7-A) No part of the construction equipment vehicle in travel mode
other than a direction indicator, or a driving mirror, shall project
laterally more than 300 millimeters beyond the extreme outer edge of the
tyres or wheel drums regardless of single or dual tyres or rollers."
106 [(8)] No motor vehicle shall be loaded in such a manner that the load
or any part thereof extends,(i) laterally beyond the side of the body;
(ii) to the front beyond the foremost part of the load body of the vehicle ;
(iii) to the rear beyond the rearmost part of the vehicle ;
(iv) to a height beyond the limits specified in sub-rule (4) : Provided that
clause (iii) shall not apply to a goods carriage when loaded with any pole
or rod or indivisible load so long as the projecting part or parts do not
exceed the distance of one metre beyond the rearmost point of the motor
vehicle.
RULE 94 CONDITION OF TYRES
108 "(1) Every motor vehicle shall be fitted with pneumatic tyres and
every construction equipment vehicle, other than steel drum rollers of
vibratory compactors or compactor rollers or road roller or a track laying
vehicle, shall be fitted with pneumatic tyres or solid rubber tyres."
(2) The pneumatic tyres of a motor vehicle shall be kept properly inflated
and in good and sound condition.
(3) For the purpose of sub-rule (2), a tyre shall not be deemed to be of
good and sound condition if(i) any of the fabric of its casing is exposed by wear of the tread or by any
unvulcanised cut or abrasion in any of its parts ; or
(ii) it shows signs of incipient failure by local deformation or swelling ; or
(iii) it has been patched or repaired by an outside gaiter or patch other
than a valucanised repair: Provided that the requirement specified in
clause (iii) shall not apply to a temporary repair effected to enable the
vehicle to be moved to the nearest place where the tyre can be repaired or
replaced : Provided further that where a motor vehicle, other than road
roller or tracklaying vehicle, is not fitted with pneumatic tyres, it shall
not be used in a public place unless it is fitted with shoes or other
suitable device so that plying of
such vehicle does not damage the road,
RULE 96 BRAKES
117 [(1) Every motor vehicle, other than a motor cycle, three wheeled
invalid carriage, trailer or a road roller shall be equipped with two
independent and efficient braking systems, namely, the parking brake
and foot operated service brake :
Provided that a motor cycle and three wheeled invalid carriage shall be
quipped with the independent and efficient braking systems, either both
hand operated or one fool operated and the other hand operated].
(2) The braking system shall be of strength capable of slopping the
vehicle within the distance specified in sub-rule (8) and of holding it at
rest in all conditions and all such brakes at all limes be properly
connected and maintained in efficient condition. 118 [* * *]
Provided that a motor cycle without gear may have an independent and
efficient single braking system capable of holding such motor cycle,
when fully laden, stationary on a gradient of one in seven.
(3) In every motor vehicle pother than agricultural tractors], the brakes
operated by one of the means of operation shall act directly upon the
wheel and not through the transmission gear.
120 [(4) Two years from the dale of commencement of the Central Motor
Vehicles (Amendment) Rules, 1993, every motor vehicle manufactured
shall have a braking system whose performance shall conform to the
following Indian Standards, namely(i) for motor cycles IS : 10376 - 1982 or IS: 11716- 1986. as applicable;
(ii) for three wheelers with gross vehicle weight not exceeding 1000 Kgs.,
including three wheeled tractors for trailers, the Indian Standards IS :
13670- 1992;
(iii) for three-wheelers with gross vehicle weight exceeding 1000 Kg; and
all other vehicles IS : 11852 (Part 1) 1987, IS : 11852 (Part 2)-1987, IS :
11852 (Pan 3)-1987, IS : 11852 (Part 4)-1987, IS : 11852 (Pan 5)-1987
IS : 11852 (Pan 6)-1987 & IS : 11852 (Pan 7)-1987, as applicable; and
(iv) for agricultural tractors IS : 12239 (Part 2)-1988 ;
Explanation.-Indian Standards means the Indian Standards specified by
the Bureau of Indian Standards];
(5) Except in the case of a motorcycle, the braking system or one of the
braking systems of a motor vehicle shall be so constructed and
maintained that it can be so set as effectively to prevent at least two, or in
the case of a motor vehicle having three wheels, at least one of the wheels
from revolving when the vehicle is left unattended.
(6) The braking system or part thereof which functions in the aforesaid
manner shall be known as parking brake and where such a parking
brake is designed to be operated by hand, it shall be known as
hand-brake.
121 [(7) (a) In the case of motor vehicles, other than three wheelers of
gross vehicle weight not exceeding 1000 kgs and motor cycles, the
service brake shall be acting on all the wheels of the vehicle.
(b) In case of three wheelers of gross vehicle weight not exceeding 1000
Kgs. if the foot operated brake does not act on all the wheels, the
following conditions shall be fulfilled, namely :(i) the foot operated brake shall act on the two wheels which are on the
sameaxle, and
(ii) in addition to the parking brake, there shall be an independent brake
acting on the other wheel of the vehicle with an independent
hand-operated control.
(c) In the case of motor cycles, the braking system operated with the foot
or left hand shall act at least on the rear wheel and the brake operated by
right hand at least on the front wheel.
(d) In the case of agricultural tractors, the braking system shall act as on
both the rear wheels, either directly or through the transmission gear].
122 [(8) The service braking system in the case of vehicle other than
three wheelers and motor cycles, and the braking system operated by
one of the means of operation other than the parking brake in the case of
three wheelers and motor cycles shall be capable to bring the vehicles to
halt within the distance specified in the following Table when tested in
accordance to the condition prescribed correspondingly in the Table. The
test shall be conducted on a dry level hard road in good condition.
During the lest the accelerator control shall be fully released and in the
case of vehicles with manual gear shifting control, the top gear and the
clutch shall be engaged.
TABLE
Sl. Type of vehicle Load Test speed
(The
Type of
brake
stopping
No. speed at
which the
distance
brake
should be
(iri)
applied)
(Kmph)
1. All vehicles other
than motor
Laden to
the
30 Foot
operated
13
cycles, three
wheelers and
registered service
agricultural tractors GVW Or
" unladen 30 " 13
Or
" laden 40 " 21
Or
" unladen 40 " 21
2. Motor Cycles Unladen 30 Foot or
Hand
21
operated
3. Three wheelers
including three
Unladen 30 Foot
operated
13
wheeler tractors for
trailers
(brakes
operating
on at least
two
wheels)
4. Agricultural tractor Laden to 25 Foot
operated
10
Test Mass service
All- Other than
three wheelers
Laden to
the
-do- 12.7
of engine capacity
not
registered 30 -doexceeding 500 cc,
motor
GVW 40 -do- 15.0
cycles and
agricultural tractors
Or
Unladen 30 -do- 9.3
40 -do- 12.0
For the purpose of this test for vehicles other than motor cycles the
'unladen' means the vehicle is without any load and shall carry only the
driver and another person for specific purpose of supervising the test,
and the instruments, if any. In the case of motor cycles, the 'unladen'
means that vehicle will carry only the single rider and the measuring
instrument, if any],
RULE 96A HIGH SPEED BRAKING REQUIREMENTS.
123 For high speed braking, the following test procedure shall be
followed,
namely:—
(a) in the case of Category M-l, the P type, service brake test as defined
under IS: 11852-2001 — Part 3, shall be carried out in the engine
connected mode at a test speed of 120 km/h or at 80% of the design
maximum speed of the vehicle, whichever is lower.
(b) the stopping distance requirements shall be according to the
following formula, namely:—
S
where, S is the Stopping Distance in mtrs.
V is the test speed in km/h, and
Control force F < 500 Newtons.
Provided that this sub-rule shall be applicable in case of new vehicles yet
to be type approved after six months, and in case of already type
approved vehicles, twelve months, from the date of the commencement
of the Central Motor Vehicle (Third Amendment) Rules, 2002.
RULE 97 BRAKES FOR TRAILERS
(1) 124 [Every trailer, other than a tractor-drawn trailer having five
hundred kilograms and more of weight] shall have an efficient braking
system which are capable of being applied when it is being drawn,(i) in the case of trailer having not more than two axles, to at least all the
wheels of one axle-; or
(ii) in the case of a trailer having more than two axles, to at least all the
wheels of two axles:
Provided that the braking system shall be so constructed that it is not
rendered ineffective by the non-rotation of the engine of the drawing
vehicle.
(2) The provision of sub-rule (1) shall not apply to(i) any land implement drawn by a motor vehicle ;
(ii) any trailer designed for use and used by a local authority for street
cleansing or by the fire service for fire fighting which does not carry any
load other than its necessary gear and equipment ;
(iii) any disabled vehicle which is being drawn by a motor vehicle in
consequence of its disablement.
RULE 98 STEERING GEARS
(1) The steering gear of every motor vehicle shall be maintained in good
and sound condition, free from back-lash exceeding 30 degrees on the
steering wheel, all 125 [ball joints connecting the steering linkage,] shall
be protected by rubber caps and where the connections are secured with
bolts or pins, the bolts or pins shall be effectively locked.
125 [(2) The steering gear of every motor vehicle other than agricultural
tractors shall be so constructed as to conform with the Indian Standards
IS : 1222 (1987), as modified from time to time. The Steering gear of every
agricultural tractor shall conform to Indian Standard IS : 11859 :1987.
128 (3) 132 ["On and after 1st May, 2003"], the steering effort of all motor
vehicles other than three wheelers not fitted with steering wheel, motor
cycles, invalid carriages and agricultural tractors manufactured shall
conform to the Indian Standard IS: 11948-1999, as amended from time
to time.
133 "(4) Every heavy passenger motor vehicle manufactured after expiry
of six months from the date of commencement of the Central Motor
Vehicles (Amendment) Rules, 2000, (including the date of such
commencement) shall be fitted with power steering gears."
"(5)On and after 1st May, 2004, the Category N-3 multi-axle vehicles
shall be fitted with power steering,".
RULE 98A STEERING GEARS FOR CONSTRUCTION EQUIPMENT
VEHICLES
(1) The steering system of every construction vehicle shall be maintained
in good and sound condition, with backlash not exceeding 30 degrees on
the steering wheel when tested with the engine running; ball-joints
connecting the steering linkage of the mechanical steering system shall
be protected by rubber caps and where the connections are secured with
bolts or pins, the bolts or pins shall be effectively locked; in the case of
hydrostatic steering system the moving parts shall be effectively sealed
and protected from dust ingress.
(2) The steering system of the construction equipment vehicle shall be
adequately designed to ensure efficient and effective control of the
vehicle under all the driving conditions and shall be so constructed as to
conform to the Indian Standards IS: 12222- (1987), as modified from
time to time.
(3) The steering effort of the construction equipment vehicles during
normal unladen operation shall not exceed 11.7 kg push/pull for
hydrostatic steering system and 20 kg for manual steering wheel system
when evaluated as per Clauses 5.1 to 5.4 of Indian Standard IS: 11948(1986) as specified by the Bureau of Indian Standards.
RULE 99 FORWARD AND BACKWARD MOTION
Every 135 ["motor vehicle including construction equipment vehicle"]
other than a motor cycle and three-wheeled invalid carriages, shall be
capable of moving under its own power 129 [in the reverse direction
also].
RULE 100 SAFETY GLASS
(1) The glass of windscreens and the windows of every motor vehicle 130
[other than agricultural tractors] shall be of safety glass : Provided that
in the case of three-wheelers and vehicles and hood and side covers, the
windows may be of 129 [acrylic or plastic transparent sheet].
Explanation.-For the purpose of this rule(i) "Safety glass" means glass 131 [conforming to the specifications of the
Bureau of Indian Standards or any International Standards as certified
by the Automobile Research Association of India, Pune] and so
manufactured or treated that if fractured, it does not fly or break into
fragments capable of causing severe cuts;
(ii) any windscreen or window at the front of the vehicle, the inner
surface of which is at an angle extending to thirty degrees to the
longitudinal axis of the vehicle shall be deemed to face to the front.
129 [(2) The glass of the wind screen and rear window of every motor
vehicle shall be such and shall be maintained in such a condition that
the visual transmission of light is not less than 70%. The glasses used for
side windows are such and shall be maintained in such condition that
the visual transmission of light is not less than 50% and shall conform to
Indian Standards IS : 2553 (Part 2)];
129 [(3) The glass of the front wind screen of every motor vehicle other
than agricultural tractors manufactured after three years from the
coming into force of the Central Motor Vehicles (Amendment) Rules,
1993 shall be made of laminated safety glass.
Explanation.-For the purpose of these sub-rules laminated safety glass'
shall mean two or more pieces of glass held together by an intervening
layer or layers of plastic materials. The laminated safest glass will crack
and break under sufficient impact but the pieces of the glass tend to
adhere to the plastic material and do not fly, and if a hole is produced,
the edges would be less jagged than they would be in the case of an
ordinary glass.
134 "(3A) The glass of the front windscreen of a construction equipment
vehicle manufactured after 3 years from the date of commencement of
the Central Motor Vehicles (Sixth Amendment) Rules, 2000 shall be
made of laminated safety glass.";
(4) Notwithstanding anything contained in this rule if the Central
Government is of the opinion that it is necessary and expedient to do so
in public interest, it may by order published in the Official Gazette
exempt 137 "any motor vehicle including construction equipment
vehicle" for use by any person, from the provisions of this rule.]
RULE 101 WIND SCREEN WIPER
136 (1) An efficient power operated or foot-operated wind screen wiper
shall be fitted to every motor vehicle having a wind screen, other than
three wheeled invalid carriage, motor cycles and three-wheelers of engine
capacity not exceeding 500 cc.
(2) One year from the date of commencement of Central Motor Vehicles
(Amendment) Rules, 1993, all motor vehicles manufactured having a
windscreen, other than 140 ["all motor vehicles other than three
wheelers, motor cycles and invalid carriages manufactured on and after
1st January, 2003. having a wind screen shall be fitted with a wind
screen wiping system which shall conform to the requirements laid down
in the
following standards, as amended from time to time, till such time the
corresponding Bureau of Indian Standards specifications are notified:
(i) AIS 019/2001, in the case of M-l category of vehicles
(ii) AIS 011/2001, in the case of other vehicles.]
141 (2A) All construction equipment vehicles having windscreen shall be
filled with an efficient power operated windscreen wiping system. The
windscreen wiping system shall conform to the requirements of the
standards as may be specified from time to lime under these rules.
(3) Three-wheelers with the engine capacity not exceeding 500 cc shall be
fitted with either a power operated or hand-operated windscreen wiper
system].
RULE 102 SIGNALLING DEVICES, DIRECTION INDICATORS AND STOP
LIGHTS
- 136(1) The signal to turn to the right or to the left shall be given by
electrically operated, direction indicator lamps on all motor vehicles. 138
"every motor vehicle including construction equipment vehicle" shall be
fitted and maintained such that the following conditions are met,
namely :(i) The direction indicator lamps shall be of amber colour which are
illuminated to indicate the intention to turn, by a light flashing at the
rate of not less than 60 and not more than 120 flashes per minute.
(ii) The light emitted by the lamps when in operation shall be clearly
visible from both front and rear of the vehicle.
(iii) The minimum illuminated area of each direction indicator shall be,-
(a) 22.5 square centimetres, in the case of motor vehicles with unladen
weight not exceeding two tonnes or adapted solely for the carriage of
seven persons excluding the driver and luggage :
Provided that the vehicle is not used for drawing a trailer other than one
of less than four wheels or a four-wheeled trailer having two close
coupled wheels on each side ; or
(b) in the case of vehicles other than those mentioned in sub-clause (a),
60 square centimetres:
Provided that nothing contained in this sub-rule shall apply to motor
cycles of engine capacity exceeding 70 cc. manufactured before the 1st
day of June, 1990 and to motor cycles of engine capacity not exceeding
70 cc.
(2) 139 "The intention to stop the vehicle (other than construction
equipment vehicle having hydrostatic brakes)" shall be indicated by an
electrical stop lamp. which shall be red in colour and shall be fitted at
the rear of the vehicle. The stop lamp shall light up to the actuation of the
service brake control :
Provided that in the case of a motor cycle, the stop lamp shall light up on
the actuation of the control operating the brakes on the rear wheels.
(3) One year from the date of commencement of the Central Motor
Vehicles (Amendment) Rules. 1993, the stop lamp of every motor cycle
shall be so designed and fitted that it will light up on actuation of any of
the controls which actuate the brakes on any wheel].
RULE 103 POSITION OF THE INDICATOR
(1) A direction indicator shall be fitted and every direction indicator
shall be so designed and fitted that 145 ["the driver of the vehicle
including a construction equipment vehicle"] when in his driving seat is
aware that it is operating correctly.
142 [(2) One year from the date of commencement of the Central Motor
Vehicle (Amendment) Rules, 1993, every motor vehicle other than three
wheelers of engine capacity not exceeding 500 cc and motor cycles shall
be equipped with such a device that when the vehicle is in an
immobilized condition all the direction indicators flash together giving
hazard warning to other road users].
RULE 104 FITMENT OF REFLECTORS
142 -(1) Every motor vehicle including trailers and semi-trailers other
than three wheelers of engine capacity not exceeding 500 cc and motor
cycle shall be fitted with two red reflectors, one each on both sides at the
rear. The reflecting area of each reflector shall not be less than 28.5 sq.
cms., in the case of vehicles where the overall length is more than 6
metres, and 7 sq. centimetres, in case of vehicles where the overall
length is less than 6 metres. Every motor cycle shall be fitted with one
red reflex reflector at the rear having the reflecting area of not less than 7
square centimetres :
Provided that one year from the date of commencement of Central Motor
Vehicles (Amendment) Rules, 1993, a reflective tape or reflective paint of
not less than 20 millimetres width and running across the width of the
body shall be affixed/painted at the front and rear of every goods
carriage.
(2) Every goods carriage vehicle including trailers and semi-trailers other
than three wheeler of engine capacity not exceeding 500 cc shall be fitted
with two white reflectors one each at the extreme right and left bottom
corners in the front of the vehicle and facing to the front. The reflecting
area of each reflector shall not be less than 28.5 sq. centimetres, in the
case of vehicles with overall length of more than 6 metres, and not less
than 7 sq. centimeters in case of other vehicles] ;
(3) 143 [***] in the case of tractor-trailer or truck-trailers combination,
the trailer shall be fitted with two 142 [reflex] reflectors of eight
centimetres diameter, one at the right bottom corner in the front and
another on the rearmost body cross beam or near the right rear light
above the rear number plates 143 [* * *]. The colour of the front reflector
shall
be white and that of the rear shall be red.
144 [(4) On and from the date of commencement of the Central Motor
Vehicle (Amendment) Rules, 1993, the reflectors referred to in this rule
and rule 110 shall be reflex type conforming to the Indian Standards
specified by the Bureau of Indian Standards].
146 [(5) On and from the date of commencement of the Central Motor
Vehicles Rules, 1993 every motor vehicle and trailer of length exceeding
6 meters shall be fitted with two amber coloured reflex reflectors on each
left hand and right hand of the vehicle, one set as close to the front end
as possible and the other set as close to the rear end as possible. The
height of the side reflectors above the ground shall not be more than
1500 mm.
The area of each reflector shall not be less than 28.5 sq. cm. : Provided
that in case the distance between the two side reflectors is more than 3
metres, additional intermediate side reflectors shall be fitted so that the
distance between any adjacent side reflector is not more than 3 metres].
RULE 104A FITMENT OF REFLECTORS ON CONSTRUCTION
EQUIPMENT VEHICLES
- 149 All construction equipment vehicles shall be fitted with(i) two white reflex reflectors in the front of the vehicle on each side and
visible to on-coming vehicles from the front at night;
(ii) two red reflectors in the rear of the vehicle, one each at right and left
comers, at a height not exceeding 1500 mm above the ground in the case
of unobstructed vision from the rear and the implement or device shall
not obstruct the visibility of the reflectors to the following vehicle;
(iii) two sets of amber coloured side reflex reflectors, one each on left
hand and right hand sides of the vehicle, one set as close to the front end
and the other set as close to the rear end as possible to the basic
machine without attachments and if the distance between the two amber
side reflex reflectors is more than 3 meters additional intermediate
amber side reflex reflectors shall be fitted so that the distance between
any adjacent amber
side reflex reflector is not more than 3 meters: 150
["Provided that the fitment of reflex reflectors on the implements such as
booms of cranes and arms of shovels, shall not be mandatory. However,
wherever possible the fitment of these reflectors may be done considering
the working environment/nature of these machines in the fields."]
(iv) the reflecting area of each reflex reflector shall not be less than 28.5
sq. cms;
(v) the construction equipment vehicle shall be fitted with a
retroreflective tape or retro-reflective paint of not less than 20
millimeters width, running across the width of the body at the front and
rear, and the colour of the reflective tape or reflective paint shall be white
at the front and red at the rear;
(vi) the reflectors referred to in this sub-rule, shall be of reflex type
conforming to Indian Standard IS: 8339 specified by the Bureau of
Indian Standards;
(vii) the retro-reflective tape and paint shall be as per Clause 801 and
803 of Ministry of Surface Transport (Roads Wing) specifications for
Road and Bridge works, (3rd Revision, 1995) as amended from time to
time.
RULE 105 LAMPS
(1) Save as hereinafter provided, every motor vehicle, while in a public
place during the period between half an hour after sunset, and half an
hour before sunrise and at any other time when there is not sufficient
light to render clearly discernible persons and vehicles in the road at a
distance of one hundred and fifty-five metres ahead, shall carry the
following lamps (hereafter referred to as the obligatory head lamps) kept
lit and in an
efficient condition :(a) 147 [save in case of auto rickshaw, three wheeled vehicles of engine
capacity not exceeding 500 cc and three wheeled invalid carriage] two
lamps showing to the front a white light visible from a dislance of one
hundred and fifty-five metres;
(b) in the case of a motor cycle and an invalid carriage, one lamp showing
to the front a white light visible from a distance of one hundred and
fifty-five metres 148 [***]
(c) in the case 146 [motor cycles] of a side car attached to a motor cycle,
a lamp affixed to the extreme left hand side of the side car showing to the
front a white light visible from a distance of one hundred and fifty-five
metres. 149 "(d) in the case of construction equipment vehicle, two or
four lamps showing to the front white light visible from a distance of one
hundred and fifty- five meters ahead;
(2) Every such motor vehicle other than a motorcycle and a three wheeler
shall also carry(i) one lamp (hereinafter referred to as the "rear lamp") showing to the
rear a red light visible in the rear from a distance of one hundred and
fifty-five metres ; and in the case of a motor cycle visibility distance of
seventy-five metres; and
(ii) lamp, which may be the rear lamp or some other device, illuminating
with a white light the whole of the registration mark exhibited 151 ["on
the rear of the vehicle including a construction equipment vehicle"], and
on the side in the case of construction equipment vehicle" so as to render
it legible from a distance of fifteen metres to the rear : Provided that when
a motor vehicle is drawing another vehicle or vehicles and the dislance
between such vehicles does not exceed 1.5 metres, it shall be sufficient if
the last drawn vehicle carries a rear lamp or a lamp illuminating the rear
registration mark.
152 [(3) On and from the commencement of the Central Motor Vehicles
(Amendment) Rules, 1993, all the obligatory front head lamps of a motor
vehicle other than motor cycles shall be as nearly as possible of the same
power and fixed at a height as specified in Indian Standards IS : 8415
(clause 4.1) : Provided that in the case of four-wheel drive cross country
vehicles, the maximum height of the said front head lamps may be as per
limits specified in Indian Standards IS:8415 (clause 4.1.1): Provided
further that in the case of agricultural tractors the height of the said
front head lamps shall not be more than 1.6 metres ; Provided further
that on and from the commencement of the Central Motor Vehicles
(Amendment) Rules, 1993, all vehicles other than three-wheelers of
engine capacity less than 500 cc. motorcycles and three-wheeled invalid
carriages manufactured shall be fitted with two rear lamps showing red
light to the rear]. 154 Provided further that every construction
equipment vehicle shall also carry two lamps showing to the rear red
lights visible in the rear from a distance of one hundred and fifty-five
meters.";
154 "(3A) On and from the commencement of the Central Motor Vehicles
(Sixth Amendment) Rules, 2000, all the obligatory front head lamps of a
construction equipment vehicle shall be as nearly as possible of the
same power and fixed at a height so that front visibility is maintained
and farthermost point of equipment/ attachment is clearly seen by
oncoming traffic.";
(4) The rear lamp shall be fixed either on the centre line of the vehicle or
to the right hand side, and save in the case of a transport vehicle, at a
height of not exceeding one metre above the ground. 153 [Provided that
in the case of agricultural tractors the height of the rear lamp shall not
be more than 1.6 metres];
(5) In the case of a transport vehicle, the rear light may be fixed at such
level as may be necessary to illuminate the registration mark.
(6) Every heavy goods carriage of unconventional or extraordinary type
shall be fitted with a red indicator lamp of size of thirty centimetres by
ten centimetres on the extreme rearmost body cross beam and in the
case of a vehicle not coinstructed with body in the rear, the indicator
lamp shall be fitted near the right rear light above the rear number plate.
154 "Provided that every construction equipment vehicle of an
unconventional or
extraordinary type in travel mode shall be fitted or installed with a red
indicator lamp of size of not less than 100 square centimetres on the
extreme rear-most point of the body.";
152 [(7) Two years from the date of commencement of the Central Motor
Vehicles (Amendment) Rules, 1993, every motor vehicle, manufactured,
shall be fitted with one lamp at the rear throwing white light to the rear
when the vehicle is being driven in the reverse gear. There shall also be
an audible warning system operating when the vehicle is being driven in
the reverse gear. The audible warning system, and the light shall be
automatically operated so that this system will not work unless the
vehicle is in reverse gear : Provided that different dates may be notified
for different classes or types of vehicles.]
154 "(8) On the commencement of the Central Motor Vehicles (Sixth
Amendment) Rules, 2000, every construction equipment vehicle shall be
fitted with two lamps at the rear throwing light to the rear when the
vehicle is being driven in the reverse gear and there shall also be an
audible warning system operating when the vehicle is being driven in the
reverse gear the audible warning system and the light being
automatically
operated when the vehicle is in reverse gear."
RULE 106 DEFLECTION OF LIGHTS
(1) No lamp showing a light to the front shall be used on 155 "any motor
vehicle including construction equipment vehicle" (whether fitted with
single or dual head lamp) unless such lamp is so constructed, fitted and
maintained that the beam of light emitted therefrom152 [(a) is permanently deflected downwards to such an extent that it is
not capable of dazzling any person, whose eye position is,(A) at a distance of 8 metres from the front of lamp,
(B) at a distance of 0.5 metre to the right side of the lamps i.e. fitted at
right extreme of the vehicle, from the right edge of the lamp, and
(C) at a height of 1.5 metres from the supporting plane of the vehicle :
Provided in the case of agricultural tractors fitment and construction of
lamps shall be as per the Indian
Standards IS: 12239 (Part 2) : 1988;]
(b) is capable of being deflected downwards by the driver in such manner
as to render it incapable of dazzling any such person in the
circumstances aforesaid:
(c) is capable of being extinguished by the operation of a device which at
the same time causes a beam of light to be emitted from the lamp which
complies with the provision of clause (a) ;
(d) is capable of being extinguished by the operation of a device which at
the same time either deflects the beam of light from another lamp
downwards or both downwards and to the left in such manner as to
render it incapable of dazzling any person in the circumstances
aforesaid, or brings into or leaves in operation a lamp which complies
with the provisions of clause (a). 156 [** *]
157 [(2)] The provisions of sub-rule (1) shall not apply to any lamp fitted
with an electric bulb, if the power of the bulb does not exceed 7 watts and
the lamp is fitted with a frosted glass or other material which has the
effect of diffusing the light.
RULE 107 TOP LIGHTS
158 Every goods vehicle including trailer and semi-trailer other than
three-wheelers and vehicles with overall width not exceeding 2.1 metres
shall be fitted with two white lights at the top right and left corners
showing light to the front and two red lights at the top right and left
corners at the rear. The lights shall remain lit when the vehicle is kept
stationary on the road during night and at the time of poor visibility :
Provided that in the case of goods carriage without a full body in the rear,
provision for fitting of the top light at the rear shall not be necessary].
RULE 107A IMPLEMENT LIGHTS FOR CONSTRUCTION EQUIPMENT
VEHICLE
159 Construction equipment vehicle having implements with front
overhang greater than 60% of wheel base shall be fixed with additional
implement light of amber colour at a location nearest to the extreme edge
of the implement without affecting the functions of showing light in all
directions and where the implement is more than 3 meters in length,
additional amber coloured lamps shall be fixed at a distance of not
exceeding 3 meters for the entire length of the implement: Provided that
in case of rear overhang the additional implement lights shall be in red
colour".
RULE 108 USE OF RED OR BLUE LIGHT
160(1) No motor vehicle shall show a red light to the front or light other
than red to rear :
Provided that the provisions of this rule shall not apply to
(i) the internal lighting of the vehicle; or
(ii) the amber light, if displayed by any direction indicator or top light or
as top light used on vehicle for operating within the premises like
airports, ports without going outside the said premises on to public
roads;
(iii) a vehicle carrying high dignitaries as specified by the Central
Government or the State Government, as the case may be, from time to
time;
(iv) the blinker type of red light with purple glass fitted to an ambulance
van used for carrying patients; or (v) to a vehicle having a lamp fitted with
an electrical bulb, if the power of the bulb does not exceed seven watts
and the lamp is fitted with frosted glass or any other material which has
the effect of diffusing the light;
(vi) white light illuminating the rear number plate;
(vii) white light used while reversing;
(viii) plough light provided in agricultural tractors for illuminating the
implement's
working area on the ground in agricultural field
operations.
(2) Use of blue light with flasher shall be determined and notified by the
State Governments at their discretion.
(3) Use of blue light with or without flasher shall be permitted as top light
on vehicles escorting high dignitaries entitled to the use of red light.
(4) Use of multi-coloured red, blue and white light shall be permitted only
on vehicles specifically designated for emergency duties and shall be
specifically specified by State Governments.
(5) The State Government shall inform the Central Government
regarding publication of notifications issued by the concerned State
Government under subrule
(2) and under clause (e) of the Notification No. S.O. 52 (E), dated 11th
January, 2002, published in the Gazette of India, Ministry of Road
Transport and Highways, regarding use of red light on top of vehicle
being used by dignitaries.
(6) In case vehicle is not carrying dignitaries, red or blue light, as the case
may be, light shall not be used and be covered by black cover.
RULE 108A USE OF RED OR WHITE LIGHT ON CONSTRUCTION
EQUIPMENT VEHICLES
163 No construction equipment vehicle shall show a red light to the front
or light other than red to the rear: Provided that the provision of this rule
shall not apply to :- (i) the internal lighting of the vehicle; (ii) the amber
light, if displayed by any direction indicator or top light; (iii) white light
illuminating the rear or side registration number plate; (iv) white light
used while reversing; (v) light provided for illuminating the implement's
working area on the ground in off highway or construction operations."
RULE 109 PARKING LIGHT
162 - 164 "Every construction equipment vehicle and every motor vehicle
other than three- wheelers" of engine capacity not exceeding 500 cc
motor cycles and three wheeled invalid carriages shall be provided with
one white or amber parking light on each side in the front. In addition to
the front lights, two red parking lights one on each side in the rear shall
be provided. The front and rear darking lights shall remain lit even when
the vehicle is kept stationary on the road: Provided that these rear lamps
can be the same as the rear lamps referred to in rule 105 sub-rule (2) :
Provided further that in the case of agricultural tractors, parking lights
shall be mounted on the rear mudguards so that the lights are visible
from the front and also from the rear.] 163 "Provided also that
construction equipment vehicle, which are installed with flood light
lamps or sport lights at the front, rear or side of the vehicle for their
off-highway or construction operations, shall have separate control for
such lamps or lights and these shall be permanently switched-off when
the vehicle is travelling on the road."
RULE 110 LAMP ON AUTO-RICKSHAWS AND THREE-WHEELERS
WITH ENGINE CAPACIY NOT EXCEEDING 500 CC
162 Every auto-rickshaw and three-wheeler of capacity not exceeding
500 cc shall be fitted with one front head lamp and two side white lights
or two front lamps on the body. In addition to the front lamp or side
lights, it shall be fitted with a rear lamp showing to the rear a red light
visible from a distance of 75 metres and a white light illuminating the
registration mark exhibited on the rear of the vehicle so as to render it
legible from a distance of 15 metres: and also two red reflex reflectors
each having a reflecting area of not less than seven square centimetres :
Provided in case where these vehicles are attached with trailers, the rear
fitments mentioned in this rule and direction indicator system
mentioned in rule 102 shall also be provided at the rear of the trailer.]
RULE 111 PROHIBITION OF SPOT LIGHTS, ETC
-No spot-light or search-light shall be carried on the front of any vehicle
except in exceptional circumstances with the prior approval of the
registering authority:
RULE 112 EXHAUST GASES
-Every motor vehicle shall be so constructed or equipped that the
exhaust gases from the engine are discharged neither downward nor to
the left side of the vehicle and shall be so fitted as to allow the gases to
escape to the right side or rear of the vehicle: Provided that in the case of
tankers carrying explosives and inflammable goods, the fitment of
exhaust pipe shall be according to the specification of the Inspector of
Explosives : 165 [Provided further that, in the vehicles where the exhaust
gases are discharged to the right of the vehicle, slight downward angle
shall be permitted, provided the exhaust gases do not kick up any dust
when the vehicle is stationary and engine running and in any case the
angle of the pipe to the horizontal should not be more than 30 degrees:
Provided also that where the exhaust gases are discharged to the left of
the vehicle the inclination of exhaust pipe should not cross 30 degrees in
downward and 30 degrees in left direction against the vertical plane
which includes the vehicle centre line, provided the exhaust gases do not
take up any dust when the vehicle is stationary and engine running:
Provided further more that in the case of tractors, vertical exhaust pipe
may be provided and outlet of this pipe should be so directed that the
driver of the tractor is not exposed to exhaust gases by locating the outlet
over or to the side of head-level of the driver as per Indian Standards IS :
12239 (Part 1) - 1988]. 167 "Provided also that in the case of
construction equipment vehicle vertical exhaust pipe may be fitted and
outlet of this pipe shall be so directed that the driver of the vehicle is not
exposed to exhaust gases."
RULE 113 LOCATION OF EXHAUST PIPES
On and from the date of commencement of this sub-rule, 168 [ "no
exhaust pipe of a motor vehicle including construction equipment
vehicle"] shall be located within a distance of 35 millimetres from the fuel
line connecting to the fuel tank and engine.
RULE 114 EXHAUST PIPES OF PUBLIC SERVICE VEHICLES
The exhaust pipe of every public service vehicle shall be so fitted or
shielded that no inflammable material is thrown upon it from any other
part of the vehicle and that it is not likely to cause a fire through
proximity to any inflammable material on the vehicle.
RULE 115B MASS EMISSION STANDARDS FOR
compressed gas driven vehicle
184 Mass emission standards for vehicles when operating on
Compressed Natural Gas shall replace Hydrocarbon by Non Methane
Hydrocarbon Non Methane Hydrocarbon, maybe estimated by an
analyzer or by the following formula, namely :-Nmhc=HCX (1 -k/100)
Where HC= total hydrocarbons measured. K = % Methane content in
natural gas fuel. Mehane content in Compressed Natural Gas to be used
as reference fuel shall not be less than 70%
(i) For gasoline vehicles with OE fitment : Prevalent type approval norms
shall be applicable with " Non Methane Hydrocarbon" in place of total
Hydrocarbon.
(ii) For in - use gasline vehicles : The in-use vehicles fitted with CHG kits
shall meet the emission norms prescribed for gasline vehicles as
applicable to the prevailing norms corresponding to the year of
manufacture of the vehicle. For purposes of CHG kit approval, the kit
supplier shall obtain the certificate from any of the test agencies
authorized. underrule 126 based on vehicles of engine capacity in the
range of (a) upto 750 cc, (b) from 751 cc to 1300 cc, and (c) from 1301 cc
and above, and such kits shall be permissible to be retrofitted on any
vehicle falling in the respective engine capacity range. For purposses of
COP for such a kit, kit supplier/manufacturer shall have the certificate
of the kit renewed after every 5 years.
Provided that the approved kit shall not be retrofitted on a vehicle of
higher capacity engine than the engine for which it has been tested.
(iii) For diesel vehicles with OE fitment : Prevalent type-approval norm for
diesel vehicle shall be applicable with " Non Methane Hydrocarbon" in
place of total Hydrocarbon.
(iv) For in use diesel vehicles : The in-use diesel vehicles when converted
for operation on CNG, shall meet type approval norms for diesel vehicles
corresponding to the year of manufacture of the vehicle and the
procedure for testing shall be as applicable to in- use gasline vehicles.
Such converted vehicles shall also meet road-worthiness requirements
as may be specified by the Central Government.
Explanation :- 1. For OE fitment and retrofitment on " in-Use" vehicles,
the responsibility of type Apporoal and shall be that of the vehicle
manufacturer and kit manufacturer / importer respectively. 2. The Type
Approval of CNG kit for retrofitment shall be valid for five years from
the
date
of
issue
and
shall
be
renewable.
3.
Four-wheeled/three-wheeled/two-wheeled vehicles converted for
dedicated operation on CNG and Fitted with a standby gasline tank not
exceeding 5 ltr/ 3 ltr/ 2 ltr capacity respectively, shall be exempted from
mass emission test. crank case emission test and evaporative emission
test. 4. The retrofitment of CNG kits in in-use vehicles, shall be carried
by workshops
authorized by the kit manufacturer/kit supplier."
RULE 116 TEST FOR SMOKE EMISSION LEVEL AND CARBON
MONOXIDE LEVEL FOR VEHICLES
179(1) Notwithstanding anything contained in sub-rule (7) of Rule 115
any officer not below the rank of Sub-Inspector of Police or the Inspector
of Motor Vehicles who has reason to believe that a motor vehicle is not
complying with the provisions of sub-rule (2) or sub-rule (7) of rule 115 ,
may in writing direct the driver or any person incharge of the vehicle to
submit the vehicle for conducting the test to measure the standards of
emission in any one of the authorized testing stations, and produce the
certificate to an authority at the address mentioned in the written
direction within 7 days from the date of conduct- ing the check.
(2) The driver or any person in-charge of the vehicle shall upon such
direction by the officer referred to in sub-rule (1) submit the vehicle for
testing for compliance of the provisions of sub-rule (2) of Rule 115 , at
any authorised testing stations.
(3) The measurement for compliance of the provisions of sub-rule (2) of
Rule 115 shall be done with a meter of the type approved by any agency
referred to in Rule 126 of the principal rules or by the National
Environmental Engineering Research Institute Nagpur-440001:
Provided that such a testing agency shall follow ISO or ECE Standards
and
procedures for approval of measuring meters.
(4) If the result of the tests indicate that the motor vehicle complies with
the provisions of sub-rule 2 of Rule 115 , the driver or any person
incharge of the vehicle shall produce the certificate to the authority
specified in sub-rule (1) within the stipulated time-limit.
(5) If the test results indicate that the motor vehicle does not comply with
the provisions of the sub-rule 2 of Rule 115 , the driver or any person
incharge of the vehicle shall rectify the defects so as to comply with the
provisions of the sub-rule (2) of Rule 115 within a period of 7 days and
submit the vehicle to any authorised testing station for re-check and
produce the certificate so obtained from the authorised testing station to
the authority referred to in sub-rule 1.
(6) If the certificate referred to in sub-rule (1) is not produced within the
stipulated period of seven days or if the vehicle fails to comply with the
provisions of sub-rule (2) of Rule 115 within a period of seven days, the
owner of the vehicle shall be liable for the penalty prescribed under
subsection (2) of Section 190 of the Act.
(7) If the driver or any person in charge of the vehicle referred to in
subrule (1) does not produce the said certificate within the said period of
7 days, such vehicle shall be deemed to have contravened the provisions
of the sub-rule (2) of Rule 115 and the checking officer shall report the
matter to the registering authority.
(8) The registering authority shall on receipt of the report referred to in
sub-rule (7), for reasons to be recorded in writing, suspend the certificate
of registration of the vehicle until such time the certificate is produced
before the registering authority to the effect that the vehicle complies
with the provisions of sub-rule (2) of Rule 115 .
(9) On such suspension of the certificate of registration of the vehicle,
any permit granted in respect of the vehicle under Chapter V or under
Chapter VI of the Motor Vehicles Act 1988 (59 of 1988) shall be deemed
to have been suspended until a fresh "Pollution under control" certificate
is obtained.]
RULE 117 SPEEDOMETER
(1) 192 "Every motor vehicle (including construction equipment vehicle),
other than an invalid carriage" or a vehicle, the designed speed of which
does not exceed thirty kilometres per hour, shall be fitted with an
instrument (hereinafter referred to as "speedometer") so constructed and
fixed in such a position as to indicate to the driver of the vehicle the
speed at which the vehicle is travelling: 187 [Provided that every
agricultural tractor shall be fitted with an Engine RPM-cum-Hour
Meter]. 193 "Provided further that the requirement of provision of
speedometer is exempted for construction equipment vehicle in which
the driver's cabin rotates about a vertical axis."
188 [(2) On and from the date of commencement of the Central Motor
Vehicle (Amendment) Rules, 1993, every motor vehicle manufactured
shall be fitted with a speedometer that shall conform to the requirements
of Indian Standards IS : 11086 specified by the Bureau of Indian
Standards.]
193 "(3) On and after the commencement of the Central Motor Vehicles
(Sixth Amendment) Rules, 2000 every construction equipment vehicle
manufactured shall be fitted with a speedometer that shall conform to
the requirements of IS: 11827 specified by the Bureau of Indian
Standards concerning the speedometer."
RULE 118 SPEED GOVERNOR
(1) On and from the commencement 189 of this Rule, such. transport
vehicles as may be notified by 190 ["the State Government"] in the
Official Gazette shall be fitted by the operator of such transport vehicle
with a speed governor (speed controlling device) 191 ["conforming to the
Standard AIS:018, as amended from time to time"] the Bureau of Indian
Standards in such a manner that the speed governor can be sealed with
an official seal of the State Transport Authority or a Regional Transport
Authority in such a way that it cannot be removed or tampered with
without the seal being broken.
(2) The speed governor of every transport vehicle shall be so set that the
vehicle is incapable of being driven at a speed in excess of the maximum
pre-set speed of the vehicle except down an incline.
RULE 119 HORNS
(1) 197 ["every motor vehicle including a construction equipment
vehicle"] shall be Fitted with an electric horn or other device 194
[Conforming to the specifications of] the Bureau of Indian Standards] for
use by the driver of the vehicle and capable of giving audible and
sufficient warning of the approach or position of the vehicle.
198 Provided that on and from 1st January, 2003. the horn installation
requirements shall be as per AIS-014/2001 specifications, as may be
amended from time to time, till such time as corresponding Bureau of
Indian Standards specifications are notified.
(2) No motor vehicle shall be fitted with any multi-toned horn giving a
succession of different notes or with any other sound-producing device
giving an unduly harsh, shrill, loud or alarming noise.
(3) Nothing contained in sub-rule (2) shall prevent the use on vehicles
used as ambulance or for fire fighting or salvage purposes or on vehicles
199 ["used by police officers or operators of construction equipment
vehicles or officers of the Motor Vehicles Department"] 196 "in the course
of their duties or on construction equipment vehicles," of such sound
signals as may be approved by the registering authority in whose
jurisdiction such vehicles are kept.
RULE 120 SILENCERS
(1) Every motor vehilce shall be fitted with a device (hereinafter referred
to as a silencer) which by means of an expansion chamber or otherwise
reduces as far as practicable, the noise that would otherwise be made by
the escape of exhaust gases from the engine.
195 [(2) Noise Standards.-Every motor vehicle shall be constructed and
maintained so as to conform to noise standards as indicated in the Table
below, and these Standards shall be tested as per Indian Standards IS :
3028: TABLE Category of Vehicle Minimum Permissible Noise levels 1 2
Two wheelers (Petrol driven) 80 dB (A) All passenger cars, all Petrol
driven three- 82 dB (A) wheelers and diesel driven two wheelers
Passenger of Light Commercial Vehicles including 85 dB (A) three
wheeled vehicles fitted with diesel engine with gross vehicles weight upto
4000 kgs. Passenger or Commercial Vehicles with gross 89 dB(A) vehicle
weight above 4000 kgs and upto 12000 kgs. Passenger or Commercial
Vehicles with gross 91 dB(A) vehicle weight above 12000 kgs.
RULE 121 PAINTING OF MOTOR VEHICLES
(1) 203 "No motor vehicle including construction equipment vehicle"
shall be painted in olive green colour except those belonging to the
Defence Department.
(2) No contract carriage other than a tourist vehicle covered by permit
under sub-section (9) of Section 88 shall be painted in the manner
specified in sub-rule (11) of Rule 128 .
(3) No goods carriage other than a goods carriage covered by national
permit shall be painted in the manner specified in sub-rule (1) of Rule
90 .
RULE 122 EMBOSSMENT OF THE CHASSIS NUMBER & ENGINE
NUMBER AND DATE OF MANUFACTURE
200 (1) - On and from the date of commencement of the Central Motor
Vehicles (Amendment) Rules, 1993, every motor vehicle other than
trailers and semi- trailers shall bear the identification number including
month and year of manufacture, embossed or etched or punched on it :
Provided that in such vehicles where space in insufficient for etching,
embossing or punching the engine number, chassis number and month
of manufacture all together, the etching, embossing or punching of year
and month of manufacture shall be on an identification plate welded or
riveted to the body of the vehicle.
204 "(1-A) On and from the date of commencement of the Central Motor
Vehicles (Sixth Amendment) Rules, 2000, every construction equipment
vehicle shall bear the identification number including month and year of
manufacture, embossed or etched or punched on it: Provided that in a
construction equipment vehicles where the space is insufficient for
etching, embossing or punching the engine number, the chassis number
and month of manufacture, the etching, embossing or punching of year
and month of manufacture shall be on an identification plate welded or
rivetted to the body of the vehicle."
(2) The vehicle manufacturer shall intimate to the Ministry of Surface
Transport of the Central Government and to the certifying testing agency
regarding the place where the numbers shall be embossed or etched or
punched including code for the year and month of production in respect
of each model and the Central Government shall communicate these
details to all the State Government and Union Territory administrations
through a notification in the Official Gazette. No manufacturer shall
change the place of embossing, etching or punching and the code for the
month and year of production without prior intimation by registered post
to the Central Government in the Ministry of Surface Transport :
Provided that in no case the height of the chassis number embossed,
ethched or punched shall be less than five millimetres for vehicles having
overall length less than six metres and less than seven millimetres for
the vehicle having overall length more than six metres.]
RULE 123 SAFETY DEVICES IN MOTOR CYCLE
No motor cycle 201 [which has provision for pillion rider] shall be
constructed without provision for a permanent hand grip on the side or
behind the driver's seat and a foot rest and a protective device covering
not less than half of the rear wheel so as to prevent the clothes of the
person sitting on the pillion from being entangled in the wheel.
205 Provided that on and from 1st January, 2003, the pillion hand holds
shall be governed by IS: 14495-1998 specifications, as may be amended
from time to time.
RULE 124 SAFETY STANDARDS OF COMPONENTS
202 224 (1) The Central Government may, from time to time. specify, by
notification in the Official Gazette, the standards or the reievunt
standards specified by the Bureau of Indian Standards of any part.
component or assembly to be used in the manufacture of a vehicle
including construction equipment vehicle and the date from which such
parts.
components or assemblies are to be used in the manufacture of such
vehicle and on publication of such notification every manufacturer shall
use only such of these parts. components or assemblies in manufacture
of such vehicle. 206
"Provident that any notification issued under this sub-rule before the
commencement of the Central Motor Vehicle (6th Amendment) Rules,
2001, shall not be applicable after such commencement up to and
including 212 ["26th August, 2002"] in respect of any construction
equipment."
207 (1A) On and from 1st May, 2003, the general requirements of vehicle
rear under run protecting device and the technical requirements of
vehicle lateral protection side shall be as per IS: 14812-2000
specifications and as per IS: 14682-1999, respectively, as may be
amended from time to time.
(2) Every manufacturer shall certify compliance with the provisions of
this rule in Form 22.]
RULE 125 125
200 (1)One year from the date of commencement of the Central Motor
Vehicles (Amendment) Rules. 1993. the manufacturer of every motor
vehicle other than motor cycles and three-wheelers of engine capacity
not exceeding 500 cc, shall equip every such vehicle with a seat belt for
the driver and for the person occupying the front seal.
208 (1A) The manufacturer of every motor vehicle of M-l category shall
equip every motor vehicle with a seat belt for a person occupying the
front facing rear seat:
Provided that the specifications of Safety Belt Assemblies and Safety Belt
Anchorages in motor vehicles shall conform to AIS:005-2000 and
AIS:015- 2000 specifications, respectively, as may be amended from time
to time, till such time as corresponding Bureau of Indian Standards
specifications are notified :
Provided further that on and after 1st October, 2002, the specification of
Safety Belt Assemblies and Safety Belt Anchorages in motor vehicles
shall conform to AIS:005-2000 and AIS:015-2000 specifications,
respectively.
(2) Six months from the date of commencement of the Central Motor
Vehicles (Amendment) Rules 1993, all motor vehicles shall be equipped
with rear view mirror.
209 Provided that on and from 1st May, 2003, the rear view mirror
specifications and installation requirements shall be as specified by
AIS:001- 2001 and AIS:002-2001 respectively, as may be amended from
time to time, till such time as corresponding Bureau of Indian Standards
specifications are notified.
(3) 201 [* * *]
(4) 217 [* * *]
(5) 210 On and after 1st January, 2003, the size and specifications on
seats, their Anchorages and Head Restraints (excluding luggage
retention) on M-l vehicle category shall conform to AIS:016-2000
specifications, as may be amended from time to time, till such time as
corresponding Bureau of Indian Standards specifications are notified.
RULE 125A SAFETY BELT, ETC. FOR CONSTRUCTION EQUIPMENT
VEHICLES.
223 One year from the date of commencement of the Central Motor
Vehicles (Sixth Amendment) Rules. 2000, the manufacturer of every
construction equipment vehicle other than an agriculture tractor shall
equip every such vehicle with a seat belt for the driver and for the person
occupying the front seat. and with a rear view mirror."
RULE 126 PROTOTYPE OF EVERY MOTOR VEHICLE TO BE SUBJECT
TO TEST
200 On and from the date of commencement of Central Motor Vehicle
(Amendment) Rules, 1993, every manufacturer of motor vehicles other
than trailers and semi-trailers shall submit the prototype of the vehicle
to be manufactured by him for test by the Vehicle Research and
Development Establishment of the Ministry of Defence of the
Government of India or Automotive Research Association of India. Pune.
or the Central Machinery Testing and Training Institute. Budni (MP), or
the Indian Institute of Petroleum. Dehradun. and such other agencies as
may be specified by the Central Government for granting a certificate by
that agency as to the compliance of provisions of the Act and these
rules].
RULE 126A 126A
220 The testing agencies referred to in Rule 126 shall in accordance with
the procedures laid down by the Central Government also conduct tests
on vehicles drawn from the production line of the manufacturer to verify
whether these vehicles conform to the provisions of 221 [ Rule 115 ]].
211 Provided that in case the number of vehicles sold in India for a given
base model and its variants (manufactured in India or imported to India)
are less than 250 in any consecutive period of six months in a year, then
such base model and its variants need not be subjected to the above test,
if at least one model or its variants manufactured or imported by that
manufacturer or importer, as the case may be, is subjected to such tests
at least once in a year :
211 Provided further that, in case the number of base models and its
variants manufactured/imported is more than one and if the individual
base model and its variants are less than 250 in any consecutive period
of six months in a year, then the testing agencies can pick up one of the
vehicles out of such models and their variants once in a year for carrying
out such test.
RULE 126B PROTOTYPE OF EVERY CONSTRUCTION EQUIPMENT
VEHICLE TO BE SUBJECT TO TEST
- 223 (1) On and from the date of commencement of the Central Motor
Vehicles (Sixth Amendment) Rules, 2000, every manufacturer of
construction equipment vehicle shall submit the prototype of the
construction equipment vehicle to be manufactured by him for test by
any of the agencies referred to in Rule 126 for granting a certificate by
that
agency as to the compliance of provisions of the Act and these rules.
(2) The testing agencies referred to in Rule 126 shall in accordance with
the procedure laid down by the Central Government conduct tests on
vehicles drawn from the production line of the manufacturer to verify
whether the vehicles conform to the provisions of the Act, or rules or
orders issued thereunder shall be re-numbered as sub- rule (1) thereof
and after sub-rule (1) as so, renumbered." 216
"Provided that the provisions of this sub-rule shall not be applicable in
respect of any construction equipment upto and including 213 ["26th
August, 2002"].
214 "Provided that the provisions of this sub-rule shall not be applicable
in respect of any construction equipment up to and including 31st
March, 2002."
RULE 127 QUALITY CERTIFICATE BY MANUFACTURER
-On and from the date 222 of commencement of this rule, the sale of
every motor vehicle manufactured shall be accompanied by a certificate
of road-worthiness issued by the manufacturer in Form 22. 223 "(2) On
and from the date of commencement of the Central Motor Vehicles (Sixth
Amendment) Rules, 2000. the sale of every construction equipment
vehicle manufactured shall be accompanied by a certificate of
road-worthiness issued by the manufacturer in Form 22.".
RULE 128 TOURIST VEHICLES OTHER THAN MOTOR CABS, ETC
-A tourist vehicle other than motor cab, taxi-cab, campers van house
trailer, shall conform to the following specifications, namely :(1) The dimensions shall conform to the dimensions specified in Rule 93.
(2) Structure.-Structure of the tourist vehicle should be sturdy and
strong, structural frame work using suitable material of adequate
sectional area and an aerodynamical shape. For exterior panelling,
aluminium sheet or good quality panelling material should be used. As
regards interior panelling it should cover the. entire interior roof, sides,
back and bulk
head portions. The body should be made completely leak proof and dust
proof. The vehicle should also be rattle proof. Sound deadening should
also be done for all panelling including the floor.
225 [(3) Passenger entrance and exit.-The Passenger entrance cum exit
door shall be located on the left side of the vehicle and minimum door
width shall be 685 millimetres. The door handle should be capable of
being handled from inside as well as from outside. The door may be
operated pneumetically or hydraulically or electrically with suitable
locking devices].
(4) Emergency doors.-Emergency exit in the form of a door, hinged in the
front, shall be provided on the off side of the tourist vehicle and shall be
capable of being operated both from the inside and the outside of the
tourist vehicle, or where it is not practicable to have such a door, an
emergency exit from the rear window screen may be provided 226 [* * *]
The emergency exit shall be prominently identified in red letters,
"Emergency exit" from the inside.
(5) Driver entry and exit.-A separate door with suitable sliding window
shall be provided for the driver near the driver seal.
(6) Windscreen.- (i) The front wind-screen shall be of clear view and
distortion free, with
safety glass and shall be of the full width of the tourist vehicle. If made in
two halves, the width of the centre vertical joint, inclusive of the rubber
glazing fitment of the front windshield shall be such as to enhance the
elegance of the tourist vehicle.
(ii) The rear windscreen shall be of safety glass or laminated safety glass.
It shall match with the windows provided on the vehicle. Sliding curtains
shall be provided on the rear windscreen.
(7) Windows.-Windows of tourist vehicles should have a minimum space
of 14.25 millimetres and shall be of safety or laminated safety glass.
Windows shall be of double sliding type slider running smoothly in
channels without rattle. All safely or laminated safety glasses used for
windows should conform to standards laid down by the Bureau of Indian
Standards. Windows shall be provided with sliding curtains.
(8) Ventilation.-Adequate arrangements shall be provided for ventilation
for the passenger compartment as well as the driver compartment. All
ventilators and windows shall be such that when closed they will not
permit ingress of rain water or dust in the passenger or driver
compartment
(9) Luggage.(i) Luggage holds shall be provided at the rear or at the sides, or both, of
the tourist vehicle with sufficient space and size, and shall be rattle
proof, dust proof and waterproof with safety arrangements ;
(ii) The light luggage racks, on strong brackets shall be provided inside
the passenger compartment running along the sides of the tourist
vehicle. Except where nylon netting is used, the under side of the rack
shall have padded upholstery to protect the passengers from an
accidental hit. The general design and Fitment of the rack shall be so
designed as to avoid sharp corners and edges.
(10) Seats and seating arrangements.(i) 227 [***]
(ii) Sealing layout shall be @2 [two and two or one and two or one and
one] on either side, all seats facing forward, with a clear gangway of at
least 355 millimetres width at the centre. Each passenger seat shall have
a minimum area of 447 millimetres x 457 millimetres and an arm rest on
both sides and seat back of full height.
(iii) The seat frames shall be sturdy, properly finished and so mounted as
to transfer the weight directly to the structural members of frame-work.
The seats shall be of reclining type and adjustable.
(iv) The seats shall be so mounted as to provide at least 280 millimetres
leg room from the front of the rear seat to the back of the front seat. A
foot rest at suitable location and height shall be provided for every
passenger.
(11) Painting and finishing.-The tourist vehicle shall be painted in a
manner referred to in sub-rules (7) and (8) of Rule 85A in white colour
with a blue ribbon of five centimetres width at the centre of the exterior of
the body.
(12) Lighting.(i)
(a) The passenger compartment shall be adequately illuminated.
(b) Arrangement shall be provided to eliminate reflection of the light from
the passenger compartment on the windscreen.
(c) In addition to the lights in the passenger compartment, at least two
night-lights with coloured domes, shall be provided in the passenger
compartment.
(ii) The front and rear destination boxes, if provided, shall be illuminated.
(iii) One independently operated light fitting shall be provided for
illumination of the driver's or attendant's seat area.
(iv) A light fitting shall be provided for illuminating the steps at the
passenger entrance door.
(v) Each luggage hold shall have a light Fitting for illumination of that
hold.
(vi) Wiring in the passenger compartment shall be with low tension cable
conforming to IS : 2465 of size commensurate with the estimated current
loading. The wires shall be carried in PVC sleevings or conduit or casing
of adequate size. When any wire passes through a hold in a panel or
sheet metallic components, a rubber grommet of adequate size shall be
provided for protection of the insulation.
(13) Fittings and accessories.-A tourist vehicle shall be equipped with the
following, namely:(i) Convex rear-view mirrors one on each side, universally adjustable and
of
adequate dimensions.
(ii) First-aid box with glazed front, with necessary medicines for first-aid.
(iii) Fire extinguisher, dry powder type located near the engine
compartment.
(iv) Insulation on interior or exterior of the engine bonnet for reducing
the noise and heat from the engine.
(v) Provision for locating vehicle tools securely.
(vi) Heavy duty windscreen wiper system.
(vii) Adjustable supervisors of adequate size for the driver and for the
attendant.
(viii) Electrically operated wide indicators or blinkers, stop lights and
parking lights.
(ix) Dual head lamps.
(x) Suitable illumination for the registration number plate at the rear.
(xi) Horn.
(xii) Electric fans, of 8 inches sweep adjustable, at least eight in number,
suitably spaced in the passenger compartment and controlled by
switches located near the seat.
(xiii) Electric bell or buzzer located near the seat of driver or attendant
and operated by at least four push button controls placed at suitable
location in the passenger compartment.
(xiv) Ashtrays near passenger seats of a design convenient for cleaning
them at intermediate stops of the tourist vehicle.
(xv) Drinking water and ice-box.
(xvi) Rack for magazines and other reading material.
(xvii) Back pockets and numbers for each seat.
(xviii) Public address system with at least four speakers suitably located
in the passenger compartment.
(xix) Document frame, located near the seat of driver, for carrying vehicle
documents, tax token, licence and permit.
(xx) Mud flaps for front and rear wheels. 229 [Provided that the
provisions of clauses (2) and (7), sub-clause (vi) of clause (12), subclauses (ix), (xii) and (xiii) of clause (13) of this rule shall not apply to the
vehicles of integral construction.]
RULE 129 TRANSPORTATION OF GOODS OF DANGEROUS OR
HAZARDOUS NATURE TO HUMAN LIFE
(1) Every owner of a goods carriage transporting any dangerous or
hazardous goods shall, in addition to complying with the provisions of
any law for the time being in force in relation to any category of
dangerous or hazardous goods, comply with the following conditions,
namely :(i) Every such goods carriage, carrying the same type of dangerous or
hazardous goods (whether in bulk or in packages), shall display a
distinct mark of the class lable appropriate to the type of dangerous or
hazardous goods specified in column 3 of the Table 1 to Rule 137 :
(ii) In the case of packages containing goods listed in Table III in Rule 137
and which represents two hazards as given in column 2 thereof, such
packages shall display distinct labels to indicate both the hazards.
(iii) Every package containing dangerous or hazardous goods shall
display the distinct class labels appropriate to the type of dangerous or
hazardous goods specified in column 3 of the Table I to Rule 137 ;
230 [(iv) Every goods carriage carrying any dangerous or hazardous
goods shall be equipped with safety equipment's for preventing fire,
explosion or escape of' hazardous or dangerous goods].
231 [(2) One year from the date of commencement of Central Motor
Vehicles (Amendment) Rules 1993, every goods carriage carrying goods
of dangerous or hazardous nature to human life, shall be fitted with
techograph (an instrument to record the lapse of running time of the
motor vehicle; time speed maintained, acceleration, decelaration, etc.,)
conforming to the specifications of the Bureau of Indian Standards].
RULE 129A SPARK ARRESTER
231 -Six months from the date of commencement of Central Motor
Vehicles (Amendment) Rules; 1993, every goods carriage carrying goods
of dangerous or hazardous nature to human life shall be fitted with a
spark arrester].
RULE 130 MANNER OF DISPLAY OF CLASS LABELS
(1) Where a class label is required to be displayed on a vehicle, it shall be
so positioned that the size of the class label is at an angle of 45 degrees to
the vertical and the size of such label shall not be of less than twenty-five
millimetres square which may be divided into two portions, the upper
half portion being reserved for the pictorial symbol and the lower half for
the text : Provided that in the case of smaller packages a suitable size of
the
label may be adopted.
(2) Where the class label consists of adhesive material, it shall be
waterproof and where it consists of metal or other substance on which
the pictorial symbol and the text are printed, painted or affixed , they
shall be affixed directly on such material and in every case, the surface of
the vehicle surrounding the label shall be of a colour. that contrasts
vividly with the background of the class label.
(3) Every class label displayed on a vehicle shall be positioned in such a
manner that it does not obscure other markings required to be displayed
under any other law.
(4) Every goods carriage carrying any dangerous or hazardous goods
shall
display the class label both in the front and in the rear in a conspicuous
manner.
RULE 131 RESPONSIBILITY OF THE CONSIGNOR FOR SAFE
TRANSPORT OF DANGEROUS OR HAZARDOUS GOODS
232 - (1) It shall be the responsibility of the consignor intending to
transport any dangerous or hazardous goods listed in Table III, to ensure
the following, namely :(a) the goods carriage has a valid registration to carry the said goods;
(b) the vehicle is equipped with necessary first-aid, safety equipment
and' antidotes as may be necessary to contain any accident;
(c) that the transporter or the owner of the goods carriage has full and
adequate information about the dangerous or hazardous goods being
transported; and
(d) that the driver of the goods carriage is trained in handling the dangers
posed during transport of such goods.
(2) Every consignor shall supply to the owner of the goods carriage, full
and adequate information about the dangerous or hazardous goods
being transported as to enable such owner and its driver to,(a) comply with the requirements of Rules 129 to rule 137 (both
inclusive) of these rules; and
(b) be aware of the risks created by such goods to health or safety of any
person;
(3) It shall be the duty of the consignor to ensure that the information is
accurate and sufficient for the purpose of complying with the provisions
of Rules 129 to 137 (both inclusive) of these rules].
RULE 132 RESPONSIBILITY OF THE TRANSPORTER OR OWNER OF
GOODS CARRIAGE
233 (1) It shall be the responsibility of the owner of the goods carriage
transporting any dangerous or hazardous goods to ensure the following,
namely :(a) that the goods carriage has a valid registration to carry the said goods
and the said carriage is safe for the transport of the said goods; and (b)
the vehicle is equipped with necessary first-aid, safety equipment, tool
box and antidotes as may be necessary to contain any accident.
(2) Every owner of a goods carriage shall, before undertaking the
transportation of dangerous of hazrdous goods in his goods carriage,
satisfy himself that the information given by the consignor is full and
accurate in all respects and correspond to the classification of such
goods specified in Rule 137 .
(3) The owner of a goods carriage shall ensure that the driver of such
carriage is given all the relevant information in writing as given in
Annexure V of these rules in relation to the dangerous or hazardous
goods entrusted to him for transport and satisfy himself that such driver
has sufficient understanding of the nature of such goods and the nature
of
the risks involved in the transport of such goods and is capable of taking
appropriate action in case of an emergency.
(4) The owner of the goods carriage carrying dangerous or hazardous
goods, and the consignor of such goods shall lay down the route for each
trip which the driver shall be bound to take unless directed or permitted
otherwise by the Police Authorities. They shall also fix a time table for
each trip to the destination and back with reference to the route so laid
down.
(5) It shall be the duty of the owner to ensure that the driver of the goods
carriage carrying dangerous or hazardous goods holds a driving licence
as per provisions of Rule 9 of these rules.
(6) Notwithstanding anything contained in Rule 131 and 132 , it shall be
sufficient- compliance of the provisions of these rules if the consignor
transporting dangerous or hazardous goods and the owner of the goods
carriage or the transporter, abides by these conditions within six months
after the date of coming into force of the Central Motor Vehicles
(Amendment) Rules, 1993].
RULE 133 RESPONSIBILITY OF THE DRIVER
234 (1) The driver of a goods carriage transporting dangerous or
hazardous goods shall ensure that the information given to him in
writing under sub-rule (3) of Rule 132 is kept in the driver's cabin and is
available at all time while the dangerous or hazardous goods to which it
relates, are being transported.
(2) Every driver of a goods carriage transporting any dangerous or
hazardous goods shall observe at all times all the directions necessary
for preventing fire, explosion or escape of dangerous or hazardous goods
carried by him while the goods, carriage is in motion, and when it is not
being driven he shall ensure that the goods carriage is parked in a place
which is safe from fire, explosion and any other risk, and at all times the
vehicle remains under the control and supervision of the driver or some
other competent person above the age of 18 years].
RULE 135 DRIVER TO BE INSTRUCTED
-The owner of every goods carriage transporting dangerous or hazardous
goods shall ensure to the satisfaction of the consignor that the driver of
the goods carriage has received adequate instructions and training to
enable him to understand the nature of the goods being transported, by
him, the nature of the risks raising out of such goods, precautions he
should take while the goods carriage is in motion or stationary and the
action he has to take in case of any emergency.
RULE 136 DRIVER TO REPORT TO THE POLICE STATION ABOUT
ACCIDENT
237 -The driver of a goods carriage transporting any dangerous or
hazardous goods shall, on the occurrence of an accident involving any
dangerous or hazardous goods transported by bis carriage, report
forthwith to the nearest police station and also inform the owner of the
goods carriage or the transporter regarding the accident].
RULE 138 SIGNALS AND ADDITIONAL SAFETY MEASURES FOR
MOTOR CYCLE
(1) The driver of a motor cycle shall make such signals and on such
occasions as are specified in the regulations made under Section 118 .
(2) The driver of a motor cycle shall, in addition to the safety measures
mentioned in sub-section (1) of Section 128 , comply with the
requirements of Rule 123 .
240 Provided that in case of vehicles manufactured on and after 1st
January, 2003, the triangles of size and specification shall conform to
AIS:022-2001, as may be amended from time to time, till such time as
corresponding Bureau of Indian Standards specifications are notified.
241 "(3) In a motor vehicle, in which seat-belts have been provided under
sub-rule (1) or sub-rule (1-A) of Rule 125 or Rule 125-A, as the case may
be, it shall be ensured that the driver, and the person seated in the front
seat or the persons occupying front facing rear seats, as the case may be,
wear the seat belts while the vehicle is in motion.".
RULE 139 PRODUCTION OF LICENSE AND CERTIFICATE OF
REGISTRATION
239 242 The driver or conductor of a motor vehicle shall produce
certificate of registration, insurance. Fitness and permit. the driving
licence and any other relevant documents on demand by any police
officer in uniform or any other officer authorized by the State
Government in this behalf, and if any or all of the documents are not in
his possession, he shall produce in person an extract or extracts of the
documents duly attested by any police officer or by any other officer or
send it to the officer who demanded the documents by registered post
within 15 days from the date of demand."
RULE 140 DEFINITIONS
-In this Chapter, unless the context otherwise requires,(i) "accounting year" means the year commencing on the first day of
April, and ending with the 31st day of March of the following year ;
(ii) "approved list" means the list of foreign insurers and their guarantors
maintained by the Central Government under these rules ;
(iii) "Authority" means the Central Government or a State Government or
any local authority or any State Transport Undertaking, motor vehicles
owned by whom have been exempted from compulsory insurance under
sub-section (2) of Section 146 ;
(iv) "bank" means a company which accepts, for the purposes of lending
or investment, deposits of money from the public repayable on demand
or otherwise, and withdrawal by cheque, draft, order or otherwise ;
Explanation.-Any company which is engaged in the manufacture of
goods or carries on any trade and which accepts deposits of money from
the public merely for the purpose of financing its business as such
manufacturer or trader shall not be deemed to be a bank within the
meaning of this clause ',
(v) "certificate of foreign insurance" means a certificate issued 'by a
foreign insurer in Form 57 in compliance with these rules ',
(vi) "foreign insurer" means a person or firm carrying on the business of
insurance incorporated or domiciled outside India and not registered
under the Insurance Act, 1938 (4 of 1938) :
(vii) "fund" means the fund established under Rule 151 ;
(viii) "Government security" means a Government security as defined in
the Public Debt Act, 1944 (18 of 1944) ;
(ix) "guarantor" means an insurer who has guaranteed a foreign insurer
in ' pursuance of these rules, and "guarantee", "guaranteed" and
"guaranteeing" have corresponding meanings;
(x) "visitor" means a person bringing a motor vehicle into India and
making only a temporary stay therein not extending to a continuous
period of more than one year.
RULE 141 CERTIFICATE OF INSURANCE
-An authorised insurer shall issue to every holder of a policy of
insurance, a certificate of insurance in Form 51 in respect of each such
vehicle.
RULE 142 COVER NOTES
(1) Every cover note issued by an authorised insurer shall be in Form 52,
(2) A cover note referred to in sub-rule (1) shall be valid for a period of
sixty days from the date of its issue and the insurer shall issue a policy of
insurance before the dale of expiry of the cover note.
RULE 143 ISSUE OF CERTIFICATES AND COVER NOTES
-Every certificate of insurance or cover note issued by an insurer in
compliance with the provisions of this Chapter shall be duly
authenticated by such person as may be authorised by the insurer.
RULE 144 TRANSFER OF CERTIFICATE OF INSURANCE
-When the ownership of a motor vehicle covered by a valid insurance
certificate is transferred to another person together with the policy of
insurance relating thereto the policy of insurance of such vehicle shall
automatically stand transferred to that other person from the date of
transfer of ownership of the vehicle and the said person shall within
fourteen days of the date of transfer intimate to the authorised insurer
who has insured the vehicle, the details of the registration of the vehicle,
the date of transfer of the vehicle, the previous owner of the vehicle and
the number and date of the insurance policy so that the authorised
insurer may make the necessary changes in his record.
RULE 145 EXCLUSION OF ADVERTISING MATTER
-No certificate of insurance or cover note' issued in pursuance of Chapter
XI of the Act and of this Chapter shall contain any advertising matter
either on the face or on the back thereof.
RULE 146 CERTIFICATES OR COVER NOTES LOST, DESTROYED,
TORN, SOILED, DEFACED OR MUTILATED
(1) Where the holder of a policy(a) Lodges with an authorised insurer a declaration in which he declares
that a certificate of insurance or cover note issued to him by such
insurer has been lost, destroyed, torn, soiled, defaced or mutilated and
sets out full particulars of the circumstances connected with the loss or
destruction of the certificate or cover note and the efforts made to find it ;
or
(b) Returns to the authorised insurer the certificate of insurance or cover
note issued to him by such insurer in a lorn, soiled, defaced or mutilated
condition and
(c) Pays to the insurer a fee of rupees twenty in respect of each such
certificate or cover note, the authorised insurer shall, if satisfied that
such certificate or cover note has been lost or destroyed and that all
reasonable efforts have been made to find it, or that it has been
destroyed or is soiled, defaced or mutilated, as the case may be, issue in
lieu thereof a duplicate certificate of insurance or cover note with the
word "Duplicate" prominently endorsed to the effect.
(2) When a duplicate certificate or cover note has been issued in
accordance with- the provisions of sub-rule (1) on representation that a
certificate or cover note has been lost, and the original certificate or cover
note is afterwards found by the holder, the original certificate or cover
note, as the case may be, shall be surrendered to the insurer.
RULE 147 RECORDS TO BE MAINTAINED BY AUTHORISED INSURERS
-Every authorised insurer shall keep a record of the following particulars
in respect of every policy of insurance issued by him for a period of five
years, namely :(i) full name and address of the person to whom the policy is issued ;
(ii) in the case of a policy relating to a specified motor vehicle, the
registration mark and the number of such vehicle and in other cases,
description of the vehicle covered;
(iii) the date on which the policy of insurance comes into force and the
date of its expiry;
(iv) the conditions subject to which the persons or classes of persons
specified in the policy of insurance will be indemnified ;
(v) the number and date of issue of every certificate of insurance or cover
note issued in connection with the policy of insurance ;
(vi) the date, if any, on which any duplicate certificate of insurance or
cover note was issued;
(vii) whether, after the issue of duplicate, the original certificate of
insurance was found and subsequently surrendered to the insurer and if
so, on which date.
RULE 148 RECORDS OF EXEMPTED VEHICLES
(1) In the case of a motor vehicle owned by any of the authorities
specified in sub-section (2) of Section 146 as also in the case of motor
vehicles exempted under sub-section (3) of Section 146 , a certificate in
Form 53 signed by a person authorised in that behalf by such authorities
may be produced in evidence that the motor vehicle is not being driven in
contravention of Section 146 .
(2) The authority referred to in sub-section (2) or exempted under
subsection (3) of Section 146 shall keep a record of the motor vehicles
owned by it in respect of which a policy of insurance has not been
obtained and of any certificates issued by it under these provisions in
respect of such vehicles, and of the names and addresses of the persons
to whom such certificates have been issued and of the cancellation of
any such certificates.
RULE 149 SUPPLY OF INFORMATION
-Any person, authority or authorised insurer required under the
provisions of this Chapter to keep records of the documents shall furnish
on request without any charge any particulars thereof to the Central
Government or a State Government or to any police officer authorised in
this behalf by the State Government.
RULE 150 FURNISHING OF COPIES OF REPORTS TO CLAIMS
TRIBUNAL
(1) The police report referred to in sub-section (6) of Section 158 shall be
in Form 54.
(2) A registering authority or a police officer who is required to furnish
the required information to the person eligible to claim compensation
under Section 160 , shall furnish the information in Form 54, within
seven days from the date of receipt of the request and on payment of a fee
of rupees ten.
RULE 151 ESTABLISHMENT OF FUND
(1) Each of the authorities referred to in sub-section (3) of Section 146
shall establish a fund for meeting any liability arising out of the use of
any motor vehicle of that authority or any person in its employment may
incur to third parties including liability arising under the Workmen's
Compensation Act, 1923 (8 of 1923).
RULE 152 AMOUNT OF THE FUND
(1) The fund shall be established with an initial amount of not less than
rupees five lakhs and the said amount shall be kept in deposit with a
bank or the Government.
(2) Subject to the provisions of sub-rule (3), the authority shall pay into
the fund at the beginning of each accounting year in respect of its
vehicles in running condition a sum of not less than rupees two hundred
per vehicle.
Explanation.-In this sub-rule "vehicles in running condition" means all
the
vehicles of the authority which are expected to be in operation at any
time during the accounting year.
(3) When the fund exceeds rupees twenty lakh or rupees two thousand
and five hundred per vehicle for the entire fleet of vehicles, whichever is
less, annual payment referred in sub-rule (2) shall cease provided that if
thereafter the amount at the credit of the fund falls below rupees twenty
lakhs or rupees two thousand and five hundred per vehicle for the entire
fleet of vehicles, whichever is less, such annual payment shall again be
resumed :
Provided that if any authority other than the Central Government is of
opinion that the amount of rupees twenty lakhs or rupees two thousand
and five hundred per vehicle for the entire fleet of vehicles, whichever is
less, is not adequate, it may, with the previous approval of the Central
Government continue the annual payment beyond rupees twenty lakh or
rupees two thousand and five hundred per vehicle, as the case may be.
RULE 153 INVESTMENT OF THE FUND
-From the amount at the credit of the fund the authority shall keep and
maintain a cash deposit of not less than rupees fifty thousand in the
bank and the rest of the amount at the credit of the fund shall be
invested in Government securities.
RULE 154 SECURITIES HELD AS A DEPOSIT IN THE FUND
(1) All Government securities in which the fund is invested shall be
transferred to the bank by the authority.
(2) It shall be competent for the authority at any time to exchange the
Government securities for cash or for other Government securities of
equal or greater market value, or both, and the bank shall carry out the
instructions issued by the authority for such exchange after charging the
usual commission to the authority. The securities so exchanged shall
also be transferred to the bank.
RULE 155 DEPOSIT PROCEDURE
(1) As soon as the fund is established, the bank shall send to the
authority a statement specifying the assets held by it on behalf of the
authority and shall also send a copy thereof to the Central Government
in the Ministry of Surface Transport or the State Government concerned,
as the case may be.
(2) The statement referred to in sub-rule (1) shall be sent in the same
manner and to the same authorities whenever there is a change in the
assets of the authorities held by the bank.
RULE 156 INTEREST ON DEPOSITS
-Interest realised on each deposit or the securities held in the fund shall
be paid by the bank to the authority.
RULE 157 WITHDRAWAL
(1) No amount shall be withdrawn from the fund except for the purpose
of meeting any liability arising out the use of any motor vehicle of the
authority which the authority or any person in the employment of the
authority may incur to third parties including liability arising under the
Workmen's Compensation Act, 1923 (8 of 1923).
(2) The authority shall, subject to such conditions and restrictions as it
may impose in this behalf, authorise one of its officers to draw money
from the fund for the purpose mentioned in sub-rule (1).
(3) A copy of the authorisation referred to in sub-rule (2) duly
authenticated by a competent officer of the authority shall be sent to the
bank which shall permit withdrawal only by the officer named in such
authorisation subject to the conditions and restrictions contained
therein.
RULE 158 SETTLEMENT OF CLAIMS
-The authority shall comply with such directions as the Central
Government or the State Government, as the case may be, may, from
time to time, issue, with respect to the procedure to be followed for
settlement of claims which are to be met out of the funds.
RULE 159 LIST OF FOREIGN INSURERS
(1) The Central Government shall publish in the Official Gazette a list
(hereinafter referred to as the approved list) of foreign insurers who have
been guaranteed in accordance with the provisions of this Chapter,
together with the name of the guarantor or guarantors in each case and
shall also publish from time to time any addition to or removal from the
approved list.
(2) No foreign insurer's name shall be added to the approved list until
such foreign insurer has been guaranteed by at least one insurer and the
name of the foreign insurer who ceases to have at least one guarantor
shall be removed from the list.
RULE 160 GUARANTOR OF FOREIGN INSURER
(1) An insurer who desires to guarantee a foreign insurer shall make
application therefor to the Central Government in Form 55.
(2) the Central Government may, if it is satisfied that the application
referred to in sub-rule (1) is in order and that it is expedient that the
foreign insurer be placed in the approved list or, where the name of the
foreign insurer is already included in the approved list, that the insurer
should be added to the approved list as guarantor of the foreign insurer,
and the name of the foreign insurer to the approved list if it is not already
included, and include the insurer as a guarantor of such foreign insurer.
(3) A guarantor desiring to cease guaranteeing a foreign insurer shall give
notice of not less than two months to the Central Government in Form
56, and where such notice has been given, the guarantor shall be
deemed to have ceased to guarantee the foreign insurer from the date
specified in the notice:
Provided that the insurer shall be deemed, in respect of all certificates of
foreign insurance endorsed or renewed in accordance with the
provisions of sub-rule (2) of rule 161 before the date of such cessation, to
continue as the guarantor of the foreign insurer who has issued the
certificate as if the guarantor had not ceased to be his guarantor.
(4) If at any time a guarantor ceases to be an insurer, the Central
Government may, after giving such notice as may appear to it to be
necessary, remove from the approved list the name of such guarantor
wherever it appears : Provided that the guarantor who ceases to be an
insurer shall be deemed, in respect of all certificates of foreign insurance
endorsed in pursuance of the provisions of sub-rule (2) of Rule 161
before the dale of removal of the name of the guarantor from the
approved list, to continue as the guarantor of the foreign insurers as if
the guarantor had not ceased to be an insurer and as if his name had not
been removed from the list.
RULE 161 ENDORSEMENT OF CERTIFICATE OF FOREIGN
INSURANCE
(1) A visit or wishing to have a certificate of foreign insurance endorsed or
re-endorsed shall produce such certificate in Form 57 before the
Customs Collector at a port of entry or land customs post or to such
other officer as the Central Government may, by notification in the
Official Gazette appoint, for the purpose of endorsement in accordance
with the provisions of this Chapter or for the purpose of the renewal of
any endorsement already made on the certificate in accordance with this
chapter.
(2) Such officer shall, if satisfied that the certificate of foreign insurance
complies with the requirements of the provisions of this Chapter, that
the period of validity of such certificate in India has not expired, that the
certificate has been issued by a foreign insurer in the approved list and
that the guarantor specified in the certificate is shown in the approved
list as a guarantor of the foreign insurer, make an endorsement thereon
in Form 58.
(3) The period of validity of an endorsement or of the renewal of an
endorsement- made as aforesaid shall not in any case extend beyond the
date on which the certificate of foreign insurance ceases to be effective in
India :
Provided that when a visitor obtains a fresh certificate of foreign
insurance during the period of his stay in India, the period of validity of
an endorsement made upon it added to the period of validity of an
endorsement or endorsements that may have been made upon the
original certificate, shall not exceed one year in all.
RULE 162 VALIDITY OF CERTIFICATE OF FOREIGN INSURANCE
-A certificate of foreign insurance carrying an endorsement in
accordance with the provisions of Rule 161 shall have effect as if it were
a certificate of insurance issued by the guarantor specified in it and shall
be deemed to comply with the requirements of Chapter XI of the Act; and
the policy to which it relates shall also be deemed to have been issued by
such guarantor and to comply with the requirements of Chapter XI of the
Act.
RULE 163 MAINTENANCE OF RECORDS BY THE GUARANTOR
Every guarantor shall in respect of certificates of foreign insurance
issued under his guarantee by the foreign insurer whom he has
guaranteed and every person who has ceased to be a guarantor shall, in
respect of the certificate of foreign insurance issued under his guarantee
by the foreign insurer whom he had guaranteed at any time in the
preceding five years, keep a record of such particulars relating to the
policies in connection with which the certificates of foreign insurance
were issued as are required to be kept by insurers under the provisions
of Rule 147 in respect of policies, and the necessary additions to those
records required to make them up to date shall be made as soon as is
reasonably possible in the circumstances.
RULE 164 OFFENCES FOR THE PURPOSE OF SECTION 208
-The offences for the purpose of sub-section (1) of Section 208 shall be(a) Driving during the period of disqualification ( Section 23 ) ,
(b) Failure to stop the vehicle when it is involved in an accident ( Section
132 ) ;
(c) Obtaining or applying for a driving licence without giving particulars
of endorsement ( Section 182 );
(d) Driving dangerously ( Section 184 ) ;
(e) Driving while under the influence of drinks or drugs ( Section 185 ) ;
(f) Abetment of an offence under Section 184 or Section 185 or Section
188 ;
(g) Taking part in unauthorised race or trial of speed of any kind ( Section
189 ) ;
(h) Altering a driving licence or using an altered licence ;
(i) Any other offence punishable with imprisonment in the commission of
which a motor vehicle was used.
RULE 1 SHORT TITLE AND COMMENCEMENT
(1) These regulations may be called the Rules of the Road Regulations,
1989.
(2) They shall come into force on the first day of July, 1989.
RULE 2 KEEP LEFT
The driver of a motor vehicle shall drive the vehicle at close to the left side
of the road as may be expedient and shall allow all traffic which is
proceeding in the opposite direction to pass on his right hand side.
RULE 3 TURNING TO LEFT AND RIGHT
- The driver of a motor vehicle shall :
(a) when turning to the left, drive as close as may be to the left hand side
of the road from which he is making the turn and of the road which he is
entering;
(b) when turning to the right draw as near as maybe to the centre of the
road along which he is travelling and arrive as near as may be at the left
hand side of the road which the driver is entering.
RULE 4 PASSING TO RIGHT
-Except as provided in regulation 5, the driver of a motor vehicle shall
pass to the right of all traffic proceeding in the same direction as himself.
RULE 5 PASSING TO THE LEFT
-The driver of a motor vehicle may pass to the left of a vehicle the driver of
which having indicated an intention to turn to the right has drawn lo the
centre ofthe road and may pass on either side, a tram car or other vehicle
running on fixed rails whether travelling in the same direction as himself
or otherwise provided that in no case shall he pass a tram car at a time or
in a manner likely to cause danger or inconvenience to other users of the
road including persons leaving or about to enter tram cars.
RULE 6 OVERTAKING PROHIBITED IN CERTAIN CASES
- The driver of a motor vehicle shall not pass a vehicle travelling in the
same direction as himself:
(a) if his passing is likely to cause inconvenience or danger to other
traffic proceeding in any direction;
(b) if he is near a point, a bend or corner or a hill or other obstruction of
any kind that renders the road ahead not clearly visible;
(c) if he knows that the driver who is following him as begun to over take
him;
(d) if the driver ahead of him has not signalled that he may be overtaken.
RULE 7 OVERTAKING NOT TO BE OBSTRUCTED
Theriver of a motor vehicle shall not, when being overtaken or being
passed by another vehicle, increase speed or do anything in any way to
prevent the other vehicle from passing him.
RULE 8 CAUTION AT ROAD JUNCTION
-The driverofa motorvehicle shall slow downwhen approaching at a road
intersection, a road junction, pedestrian crossing or a road corner, and
shall not enter any such intersection, junction or crossing until he has
become aware that he may do so without endangering the safety of
persons thereon.
RULE 9 GIVING WAY TO TRAFFIC AT ROAD JUNCTION
The driver of a motor vehicle shall, on entering road intersection at which
traffic is not being regulated, if the road entered is a main road
designated as such, give way to the vehicles proceeding along that road,
and in any other case give way to all traffic approaching the intersection
on his right hand.
RULE 10 FIRE SERVICE VEHICLES AND AMBULANCE TO BE GIVEN
FREE PASSAGE
Every driver shall, on the approach of a Fire service vehicle or of an
ambulance allow it free passage by drawing to the side of the road.
RULE 11 RIGHT OF WAY
-The pedestrians have the right of way at uncontrolled pedestrian
crossings. When any road is provided with footpath or cycle track
specially for other traffic, except with permission of a police officer in
uniform, a driver shall not drive on such footpath or track.
RULE 12 TAKING 'U' TURN
No driver shall take a 'U' turn where 'U' turn is specially prohibited and
on busy traffic road. If a 'U' turn is allowed the driver shall show signal
by hand as for a right turn, watch in the rear view mirror and turn when
safe to do so.
RULE 13 SIGNALS TO BE GIVEN BY DRIVERS
- The following signals shall be used by the drivers of all motor vehicles
namely :(a) When about to slow down, a driver shall extend his right arm with the
palm downward and to the right of the vehicle and shall move the arm so
extended up and down several times in such a manner that the signal
can be seen by the driver of any vehicle which may be behind him.
(b) When about to stop, a driver shall raise his right forearm vertically
outside of and to the right of the vehicle, palm to the right.
(c) When about to turn to the right or to drive to the right hand side of the
road in order to pass another vehicle or for any other purpose, a driver
shall extend his right arm in a horizontal position outside of and to the
right of his vehicle with the palm of the hand turned to the front.
(d) When about to turn to the left or to drive to the left hand side of the
road a driver shall extend high right arm and rotate it in an anticlockwise
direction.
(e) When a driver wishes to indicate to the driver of a vehicle behind him
that he desires that driver to overtake him he shall extend his right arm
and hand horizontally outside of and to the right of the vehicle and shall
bring the arm backward and forward in a semi-circular motion.
RULE 14 DIRECTION INDICATOR
The signals referred to in regulation 12, may be simplified also by
mechanical or electrical devices.
RULE 15 PARKING OF THE VEHICLE
(1) Every driver of a motor vehicle parking on any road shall park in such
a way that it does not cause or is not likely to cause danger, obstruction
or undue inconvenience to other road users and the manner of parking
is indicated by any sign board or markings on the road side, he shall
park his vehicle in such manner.
(2) A driver of a motor vehicle shall not park his vehicle :(i) at or near a road crossing, a bend, top of a hill or a humpbacked
bridge; (ii) on a foot-path; (iii) near a traffic light or predestrian
crossing ; (iv) in a main road or one carrying fast traffic ; (v) opposite
another parked vehicle or as obstruction to other vehicle ; (vi) alongside
another parked vehicle ;
(vii) on roads or at places or roads where there is a continuous white line
with or without a broken line ;
(viii) near a bus stop, school or hospital entrance or blocking a traffic
sign or entrance to a premises or a fire hydrant ;
(ix) on the wrong side of the road ;
(x) where parking is prohibited ;
(xi) away from the edge of the footpath.
RULE 16 VISIBILITY OF LAMPS AND REGISTRATION MARKS
(1) No load or other goods shall be placed on any motor vehicle so as to
mask or otherwise interrupt vision of any lamp, registration mark or
other mark required to be carried by or exhibited on any motor vehicle by
or under the Act, unless a duplicate of the lamp or mark so marked or
otherwise obscured is exhibited in the manner required by or under the
Act for the exhibition of the marked or obscured lamp or mark.
(2) All registration and other marks required to be exhibited on a motor
vehicle by or under the Act shall at all times be maintained in a clear and
legible condition.
RULE 17 ONE WAY TRAFFIC
- A driver shall not(i) drive a motor vehicle on road declared 'One Way' except in the
direction specified by sign boards:
(ii) drive a vehicle in a reverse direction into a road designed 'One Way'.
RULE 18 DRIVING ON CHANNELISED ROADS (LANE TRAFFIC)
(1) Where any road is marked bylanes for movement of traffic, the driver
of a motor vehicle shall drive within the lane and change the lane only
after giving proper signal.
(2) Where any road is marked by a yellow-line dividing road, the vehicle
proceeding in the same direction trying to overtake each other shall not
cross the yellow line.
RULE 19 STOP SIGN ON ROAD SURFACE
(1) When any line is painted on or inlaid into the surface of any road at
the approach to the road junction or to a pedestrian crossing or
otherwise, no driver shall drive a motor vehicle so that any part thereof
projects beyond that line at any time when a signal to stop is being given
by a Police Officer or by means of a traffic control light or by the display
of any traffic sign.
(2) A line for the purpose of this regulation shall be not less than 50
millimetres in width at any part and may be either in white, black or
yellow.
RULE 20 TOWING
(1) No vehicle other than a mechanically disabled motor vehicle or
incompletely assembled motor vehicle, a registered trailer or a side car,
shall be drawn or lowed by any motor vehicle, except for purposes of
delivery and to the nearest filling station or garage.
(2) No motor vehicle shall be drawn or lowed by any other motor vehicle
unless there is in the driver's seat of the motor vehicle being drawn or
towed a person holding a licence authorising him to drive the vehicle or
unless the steering wheels of the motor vehicle being towed. are firmly
and securely supported clear of the road surface by some crane or other
device on the vehicle which is drawing to towing it.
(3) When a motor vehicle is being towed by another motor vehicle the
clear distance between the rear of the front vehicle and the front of the
rear vehicle shall at no time exceed five metres. The tow ropes, or chains
shall be of a type-easily distinquishable by other road users and there
shall be clearly displayed on the rear of the vehicle being towed in black
letters not less than seventy-five millimetres high and on a white
background the words 'ON TOW'.
(4) No motor vehicle when lowing another vehicles other than a trailer or
signs car shall be driven at a speed exceeding twenty-four kilometres per
hour.
RULE 21 USE OF HORNS AND SILENCE ZONES
- A driver of a vehicle shall not :
(i) sound the horn needlessly or continuously or more than necessary to
ensure safety;
(ii) sound the horn in silence zones ;
(iii) make use of a cut-out by which exhaust gases are released other
than through the silencer;
(iv) fit or use any multitoned horn giving a harsh, shrill, loud or alarming
noise;
(v) drive a vehicle creating undue noise when in motion ;
(vi) drive a vehicle with a muffler causing alarming sound.
RULE 22 TRAFFIC SIGN AND TRAFFIC POLICE
-A driver of a motor vehicle and every other person using the road shall
obey :(a) every direction given, whether by signal or otherwise, by a police
officer or any authorised person for the time being in-charge of the
regulation of traffic;
(b) any direction applicable to him and indicated on or by notice traffic
sign or signal fixed or operated by an authority, competent to do so ;
(c) any direction indicated by automatic signalling devices fixed at road
intersections.
RULE 23 DISTANCE FROM VEHICLES IN FRONT
-The driver of a motor vehicle moving behind another vehicle shall keep
at a sufficient distance from that other vehicle to avoid collision if the
vehicle in front should suddenly slow down or stop.
RULE 24 ABRUPT BRAKE
No driver of a vehicle shall apply brake abruptly unless it is necessary to
do so for safety reasons.
RULE 25 VEHICLES TO BE UPHILL TO BE GIVEN PRECEDENCE
On mountain roads and sleep roads, the driver of a motor vehicle
travelling down hill shall give precedence to a vehicle going uphill
wherever the road is not sufficiently wide to allow the vehicles to pass
each other freely without danger, and stop the vehicle to the side of the
road in order to allow any vehicle proceeding uphill to pass.
RULE 26 OBSTRUCTION OF DRIVER
A driver of a motor vehicle shall, not allow the person to stand or sit or
anything to be placed in such a manner or position as hamper his
control of the vehicle.
RULE 27 SPEED TO BE RESTRICTED
The driver of a motor vehicle shall, when passing or meeting a procession
or a body of troops or police on the march or when passing workman
engaged on road repair, drive at a speed not exceeding more than 25
kilometres an hour.
RULE 28 DRIVING OF TRACTORS AND GOODS VEHICLES
A driver when driving a tractor not carry or allow any person to be
carried on tractor. A driver of goods carriage shall not carry in the
driver's cabin more number of persons than that is mentioned in the
registration certificate and shall not carry passengers for hire or reward.
RULE 29 PROJECTION OF LOADS
No person shall drive in any public place any motor vehicle which is
loaded in a manner likely to cause danger to any person in such manner
that the road or any part thereof or anything extends laterally beyond the
side of the body or to the front or to rear or in height beyond the
permissible limit.
RULE 30 RESTRICTION TO CARRIAGE OF DANGEROUS SUBSTANCES
Except for the fuel and lubricants necessary for the use of the vehicle, no
explosive, highly inflammable or otherwise dangerous substance, shall
be carried on any public service vehicle.
RULE 31 RESTRICTIONS ON DRIVING BACKWARDS
-No driver of a motor vehicle shall cause the vehicle to be driven
backwards without first satisfying himself that he will not thereby cause
danger or undue inconvenience to any person or in any circumstances,
for any greater distance or period of time than may be reasonably
necessary in order to turn the vehicle round.
RULE 32 PRODUCTION OF DOCUMENTS
-A person driving a vehicle,(i) shall always carry with him his driving licence; certificate of
registration; certificate of taxation and certificate of insurance of the
vehicle and in case of transport vehicle the permit and fitness certificate,
also;
(ii) shall on demand by police officer in uniform or an officer of the Motor
Vehicle Department in uniform or any other officer authorised by the
Government, produce the documents for inspection. 2 [Provided that
where any or all of the documents are not in his possession, he shall
produce in person an extract or extracts of the documents duly attested
by any police officer or by any other officer or send it to the officer who
demanded the documents, by registered post, within 15 days of the
demand.]
RULE 33 33
Every driver must be conversant with the provisions of Section 112 - ,
Section 113 - , Section 121 - , Section 122 - , Section 125 - , Section 132
- , Section 134 - , Section 185 - , Section 186 - , Section 194 - and Section
207 - of the Motor Vehicles Act, 1988.
OVERALL DIMENSIONS OF MOTOR VEHICLES (PRESCRIPTION OF
CONDITIONS FOR EXEMPTION) RULES, 1991
G.S.R. 583(E)-(Dated September 12, 1991)-In exercise of the powers conferred by
Section 110(3)(b) of the Motor Vehicles Act, 1988, the Central
Government hereby makes the following rules, namely :RULE 1 SHORT TITLE AND COMMENCEMENT
(1) These rules may be called the Overall Dimensions of Motor Vehicles
(Prescription of Conditions for Exemption) Rules, 1991;
(2) They shall come into force on the date of then-publication in the
Official Gazette.
RULE 2 CONDITIONS FOR THE GRANT OF EXEMPTION FROM RULE
93
-The State Government may exempt any motor vehicle or any class of
description of motor vehicles from the provisions of Rule 93 of the
Central Motor Vehicle Rules, 1989, - subject to the fulfilment of any or all
of the conditions specified in these rules which that Government may
deem fit to impose, namely :(1) Such motor vehicle or class of description of motor vehicles shall(a) observe such load restrictions as the State Government may by order
specify in this behalf;
(b) obtain the previous permission of such authority as may be specified
by the State Government in this behalf before putting such vehicles on
the load ;
(c) not if they are loaded, travel over such bridges and cross drainage
structures on the road, which the State Government may having
regarding to the safety of the road structures specify ;
(d) where prohibited under clause (c) to travel over the structure referred
to
in that clause, the owner or transporter shall at his cost make
arrangements to
cross the rivers in accordance with the directions given by the authority
specified by the State Government in this behalf;
(e) give advance intimation to such authority or officer specified in this
behalf by the State Government regarding the movement of such
vehicle ;
(f) equip with necessary warning signals such as red flags in the day
time,
red light and reflectors in the night so as to indicate the extreme
positions of the vehicle clearly;
(g) move without any hindrance to the normal flow of traffic ;
(h) not exceed the speed limit of 16 kms. per hour.
(2) Where any damage is caused to the roads or road structures directly
or indirectly due to the movement of such vehicles, the operator of the
vehicle or the transporter shall be liable to pay such amount to the State
Government as may be assessed by the authorities in this behalf.
(3) The State Government shall not be liable for any damage that may be
caused to such vehicles or their contents through their transits :
(4) Any grant of exemption under these rules shall be without prejudice
to the right of the authorities specified in this behalf by the State
Government to regulate or stop the movement of such vehicles, having
regard to the safety of roads, bridges, structures and other road users ;
(5) The State Government may in consultation with the operator of the
vehicle or the owner conduct route survey to assess the fitness of the
roads for movement of such vehicles, feasibility of negotiating the curves
more particularly in built-up areas, suffi- ciency of road width, adequacy
of vertical clearance and deficiencies identified in the assessment shall
be rectified by the operators or owners of the vehicles;
(6) Exemption granted under these rules shall be applicable only for
operating such vehicles on roads lying within the jurisdiction of the
Public Works Department of the respective State Department and
operators of the vehicles or their owners thereof shall make their own
arrangements to obtain the approval of the other Departments of local
body authorities for plying on the roads lying within their jurisdiction.
RULE 3 REMOVAL OF DOUBTS
-For removal of doubts, it is hereby declared that any exemption granted
under these rules in any State shall be valid throughout India.]
MOTOR VEHICLES (ALL INDIA PERMIT FOR TOURIST TRANSPORT
OPERATORS) RULES, 1993
G.S.R. 541 (E).-In exercise of the power conferred by sub-section (14)
read with sub-section (9) of section 88 of the Motor Vehicles Act 1988 (59
of 1988) the Central Government hereby makes the following rules,
namely:-
RULE 1 SHORT TITLE, EXTENT, COMMENCEMENT AND EXEMPTION
(1) These rules may be called the Motor Vehicles (All India Permit for
Tourist Transport Operators) Rules. 1993 1 .
(2) They shall extend to the whole of India.
(3) They shall come into force with effect from the date of publication.
(4) The conditions prescribed in Rules 82 to 85A of the Central Motor
Vehicles Rules, 1989 shall not apply to the permits granted under this
scheme.
RULE 2 DEFINITIONS
-In these Rules, unless the context otherwise requires.(a) "Act" means the Motor Vehicles Act, 1988 (59 of 1988);
(b) "Authorisation Certificate" means a certificate issued by an
appropriate authority to a recognised Tourist Transport Operator
authorising him to operate throughout the territory of India or in such
continuous State, not being less than three in number including the
State in which the permit is issued, on recognised tourist circuits, as are
specified in the All India Permit for a tourist vehicle granted to him;
(c) "Appropriate Authority" means the authority which is authorised
under the Act to grant a permit in respect of a tourist vehicle;
(d) "Rule" means the rule of the Central Motor Vehicles Rules, 1989; (e)
"Section" means section of the Act: (f) "Schedule" means a Schedule
appended to these Rules;
2
[(g) "Tourist Transport Operator" means (a) A company or an individual engaged in a business of promotion of
tourism by providing tourist transport vehicles on tourist circuits ; or
(b) any travel agency (who possess his own vehicle or have taken a
vehicle on lease for this purpose for a period of atleast one year) run by a
company or an individual provides all tickets for travel by air, rail, ship
passport, visa
and also arrange accommodation, tours, entertainment and
other-tourism related services; or
(c) the tour operator (Company or individual who provides for transport,
accommodation, sight-seeing, entertainment and other tourist related,
services for tourist, and who possesses his own vehicle or has taken a
vehicle on lease for this purpose for a period ofatleast one year and is
recognised by the Department of Tourist of the Government of India;]
3 [(h) "Tourist Circuit" means all places of tourist interest situated in a
State for which package tours are prepared and sold by the recognised
tourist transport operator.
Explanation.- For the purpose of removal of doubts, it is clarified that the
permit covering such tourist circuits shall be valid throughout the State.]
RULE 3 3
Authorisation Certificate shall be issued only to a Tourist Transport
Operator recognised by the Department of Tourism of the Central
Government.
RULE 4 FORM, CONTENTS AND DURATION ETC. OF THE
AUTHORISATION CERTIFICATE :(1) Every application for the issue of an Authorisation Certificate shall be
made to the concerned State Transport Authority, in the Form as set
forth in the First Schedule.
(2) Every Authorisation Certificate shall be in the Form as set forth in the
Second Schedule.
(3) The period of validity of an Authorisation Certificate shall not exceed
one year at a time.
(4) the Authorisation Certificate may be renewed on an application made
not less than fifteen days before the date of its expiry.
RULE 5 PROCEDURE OF APPLYING FOR ISSUE OF AUTHORISATION
CERTIFICATE
(1) An appli- cation for an Authorisation Certificate may be made on any
working day to the State Transport Authority concerned.
(2) A State Transport Authority shall not ordinarily refuse to issue an
Authorisation Certificate applied for under these rules.
(3) Transport Authority may reject the application made under sub-rule
(1) for good and sufficient reasons to be recorded in writing, or where the
Authority is of the opinion that this would have the effect of increasing
the number of Authorisation Certificates limited in terms of section 74
(3) : Provided, that the Authorisation Certificate applied for shall be
issued or refused within a period of thirty days from the date of receipt of
application by the State Transport Authority.
RULE 6 TRANSFER OF PERMIT
(1) Save as otherwise provided in sub-rule(2), an Authori- sation
Certificate shall not be transferable from one person to another except
with the permission of the State Transport Authority which issued the
Authorisation Certificate and shall not without such permission, confer
on any person to whom a vehicle covered by the Authorisation Certificate
is transferred, any right to use that vehicle in the manner authorised by
the Authorisation Certificate.
(2) Where the holder of an Authorisation Certificate dies, the person
succeeding to the possession of the vehicle covered by the Authorisation
Certificate may, for a period of three months, use the Authorisation
Certificate from the date of death of the holder and on his own intention
to use the Authorisation Certificate: Provided further that no
Authorisation Certificate shall be so used, except after its renewal, after
the date on which it would have ceased to be effective in the hands of the
deceased holder.
(3) The State Transport Authority may, on an application made to it
within three months of the death of the holder of the Authorisation
Certificate, transfer that said certificate to the person succeeding to the
possession of the vehicle covered by the Au- thorisation Certificate:
Provided that the State Transport Authority may entertain an application
made after the expiry of the said period of three months if it is satisfied
that the applicant was prevented from making an application within the
specified time.
RULE 7 REPLACEMENT OF VEHICLE
-The holder of an Authorisation Certificate may, with the permission of
the State Transport Authority by which the Authorisation Certificate was
issued, replace any vehicle covered by the Authorisation Certificate by
any other vehicle of the same nature.
Explanation- The vehicle of same nature would mean having the same
seating ca- pacity for which permit has been granted and composite fee
paid and such a replacement vehicle could be of any other make or
model.
RULE 8 APPEALS
(1) Any person aggrieved by:(a) the refusal of the State Transport Authority to issue an Authorisation
Certificate or by condition attached to, an Authorisation Certificate
issued by him; or
(b) the order of revocation or suspension ofthe Authorisation Certificate
or by any variation ofthe conditions thereof; or
(c) the order of refusal to transfer the Authorisation Certificate under
rule 6 of these rules or section 12 ; or
(d) the order of refusal to renew an authorisation Certificate : or
(e) any other order which may be made may within a period of thirty days
from the date on which the said order is communicated to the applicant,
appeal to the State Transport Appellate Tribunal constituted under
subsection (2) of section 89 of the Motor Vehicles Act. 1988, who shall
after
giving such person and the State Transport Authority an opportunity of
being heard, give a decision thereon, which shall be final.
RULE 9 AUTHORISATION FEE
The fee for the issued of an Authorisation Certificate shall be Rs. 500/per annum and every application for the issue or renewal ofthe same
shall be accompanied by a bank draft for the said amount in favour ofthe
appropriate authority.
RULE 10 SEATING CAPACITY
-An all India permit for Tourist Transport Operators shall be issued only
in respect of vehicles with a seating capacity of not more than 4 [39]
seats, excluding the driver and the conductor. Besides, provision of rule
128 ofthe Central Motor Vehicles Rules, 1989, except for rule (11) ofthe
said rules, shall also apply to the tourist vehicles.
RULE 11 AGE OF THE TOURIST COACHES
- An All India Permit for Tourist Transport Op- erators shall be deemed to
be invalid from the date on which the vehicle covered by the said permit
completes nine years, in the case of a motor cab and eight years in the
case of a vehicle other than a motor cab.
Explanation.- For the purpose of this rule. the period of nine or eight
years shall be computed from the dale initial registration of the tourist
vehicle concerned.
RULE 12 DISTINGUISHING PARTICULARS TO BE EXHIBITED ON
MOTOR VEHICLE
-A motor vehicle or motor cab covered under the Authorisation
Certificate issued under these rules shall be painted in white colour with
a blue ribbon of 10 centimetres width at the centre ofthe exterior ofthe
body on both sides ofthe vehicle, and the word "Tourist " shall be painted
inside a circle of 60 centimetres diameter. The permit holder shall also
display on the front top of the tourist vehicle, other than a motor cab a
board in yellow colour with letters in black colour with the inscription
"Approved Tourist Transport Operator No...." in English and Hindi, and
also if the permit holder so prefers, in the regional language of the Home
State, with the logo Peacock', as specified in Annexure No. 1.
RULE 13 LIST OF TOURISTS
A tourist vehicle, other than motor cab, plying on All India Permit for a
Tourist Transport Operator shall at all times carry a list of
tourist-passengers in respect of each trip, and the list shall be produced
on demand by the officers authorised to demand production of
documents by or under the Act or the rules made thereunder.
RULE 14 QUARTERLY RETURNS TO BE FILED BY AN ALL INDIA
TOURIST PERMIT HOLDER
-An All India Tourist Permit holder shall file a quarterly return, in respect
ofthe motor vehicle covered by these rules, in the Form set forth in the
Third Schedule to the appropriate authority ofthe State by which the All
India Permit is granted and the said authority, inturn, shall forward
copies thereof to the appropriate authorities of other States concerned.
RULE 15 CERTIFICATE OF RECOGNITION
(1) The eligibility conditions for a Certificate of Recognition shall be as set
forth in Fourth Schedule.
(2) Every application fora Certificate of Recognition by the Department of
Tourism, Government of India, shall be submitted in the Form
prescribed in the Fifth Schedule to the Director General of Tourism,
Department of Tourism, Government of India, New Delhi-110001.
(3) The Certificate of Recognition shall be granted in the Form prescribed
in the Sixth Schedule.
DRIVING LICENCE (CONDITIONS FOR EXEMPTION) RULES, 1992
RULE 1 SHORT TITLE AND COMMENCEMENT
- These rules may be called the Driving Licence (Conditions for
Exemption) Rules, 1992.
RULE 2 CONDITIONS FOR GRANT OF EXEMPTION
- A person receiving instructions in driving a motor vehicle shall be
exempted during training, from the provisions of sub-section (1) of
Section 3 - of the Motor Vehicles Act, 1988 (59 of 1988), subject to the
following conditions, that(a) Such person is a trainee undergoing training in an Industrial Training
Institute approved by Central or State Government and driving a light
motor vehicle with a written permission of the head of an Industrial
Training Institute;
(b) such person is driving a motor vehicle under the supervision of a duly
appointed instructor holding a valid driving licence;
(c) such person shall not give any vehicle other than light motor vehicle
of the Industrial Training Institute, specially acquired for such training
purposes;
(d) such person is medically fit to drive;
(e) the speed of the vehicle shall not exceed 15 Kms. per hour during the
training;
(f) the training shall be imparted only between 10 a.m. to 5 p.m.,
(g) the training shall be imparted only on a light motor vehicle.
CENTRAL MOTOR VEHICLES (REGULATION OF BUS SERVICE
BETWEEN NEW DELHI AND LAHORE) RULES, 2000
Ministry of Surface Transport (Deptt. of Road Transport and Highways)
(Transport Wing), Noti. No. G.S.R. 127(E), dated February 16, 2000,
published in the Gazette of India, Extra., Part II, Section 3(i), dated 16th
February, 2000, pp. 4-8, No. 102 [F. No. RT-15011/2/99-MVL} In
exercise of the powers conferred by sub-section (2) of Section 139 of the
Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby
makes the following rules, namely :
RULE 1 SHORT TITLE AND COMMENCEMENT
These rules may be called the Central Motor Vehicles (Regulation of Bus
Service Between New Delhi and Lahore) Rules, 2000.
RULE 2 DEFINITIONS
In these rules, unless the context otherwise requires,
(a) "Agreement" means the agreement between the Government of the
Republic of India and the Islamic Republic of Pakistan for the regulation
of bus service between New Delhi and Lahore;
(b) "authorization fee" means the fee to be paid by the permit holder of
one country to the other country for obtaining authorization;
(c) "bus crew" means driver, conductor and the liaison officer;
(d) "competent authority" means,
(i) in relation to a regular permit for transport vehicle, an authority
competent to issue such a permit under the law of the country
concerned;
(ii) in relation to a driving licence, an authority competent to issue the
driving licence under the law of the country concerned;
(iii) in relation to a conductor's licence, an authority competent to issue
the conductor's licence under the law of the country concerned;
(e) "country" means India or Pakistan, as the case may be;
(f) "form" means a form specified in the Schedule annexed to these rules;
(g) "passenger" means a person in possession of a valid ticket for travel
from New Delhi to Lahore or vice-versa and a valid passport, visa and
any other travel document which may be mutually agreed to between the
Government of the Republic of India and the Government of the Islamic
Republic of Pakistan;
(h) "scheduled service route" means the route along with the time
schedule and other related operational aspects specified in the Protocol
to the Agreement between the Government of the Republic of India and
the Government of the Islamic Republic of Pakistan for the regulation of
bus service between New Delhi and Lahore;
(i) "transport vehicle" means a motor vehicle (coach or bus) for the
carriage of passengers for hire or reward, between India and Pakistan,
subject to such restrictions on the gross laden weight, wheel base or
seating capacity of such vehicle as may be imposed under the law of
either of the countries, as the case may be.
RULE 3 FORMS, CONTENTS AND DURATION ETC. OF THE PERMIT
(1) A regular permit for transport vehicle shall be in the form set out in
the Schedule annexed to these rules and shall be non-transferable.
(2) A regular permit for transport vehicle shall be valid for one year and
on renewable up to five years on a yearly basis.
RULE 4 ELIGIBILITY CONDITIONS OF A VEHICLE
(1) A transport vehicle shall be so constructed and maintained as to be at
all times under the effective control of the person driving it.
(2) Driver of a transport vehicle referred to in sub-rule (1) shall have
(a) a valid registration certificate issued under the law of the country
concerned;
(b) a valid certificate of fitness issued under the law of the country
concerned;
(c) a valid insurance policy issued under the law of the country
concerned; in
respect of such vehicle and shall make all the said documents available
for inspection by any authority competent to inspect such vehicle.
RULE 5 CONDITIONS FOR THE DRIVER/CONDUCTOR
(1) The person driving a transport vehicle shall be in possession of a valid
driving licence issued by a competent authority to drive such a vehicle
and the driver's badge.
(2) A conductor of a transport vehicle shall be in possession of a valid
conductor's licence issued by a competent authority.
(3) If, for any reason, a driver referred to in sub-rule (1) or a conductor
referred to in sub-rule (2), of a country is unable to perform his duties in
the other country, a driver or a conductor in possession of a valid licence
issued by the competent authority of such other country, may drive, or
act as a conductor of, the vehicle.
RULE 6 DISTINGUISHING PARTICULARS TO BE EXHIBITED ON THE
TRANSPORT VEHICLE
In addition to the registration number assigned to a transport vehicle
operating under the agreement by the competent authority, the following
particulars shall be painted in English (each letter being not less than
one inch or 2.5 cm high and one inch or 2.5 cm wide legibly painted on a
plain surface or a plate or plates affixed to the vehicles), namely :
(i) New Delhi Lahore New Delhi (on front and back of such transport
vehicle)
(ii) Name of the operator of the bus service (on the sides of such transport
vehicle).
RULE 7 PERSONAL EFFECTS OF BUS CREW
The bus crew of a transport vehicle operating under the Agreement may
carry such personal effects, as may be necessary, having regard to the
period of their stay in the host country subject to conditions specified in
the custom laws of both countries.
RULE 8 INSURANCE OF THE VEHICLE
No transport vehicle which does not have a policy of insurance which
covers comprehensive or third party risks, arising out of the use of a
transport vehicle and which complies with the requirements of the law of
the country concerned shall operate under these rules.
RULE 9 CONDITIONS FOR TRANSPORT OF PASSENGERS
No transport vehicle registered in Pakistan shall be engaged in the
transport of passengers from any point in India to any other point in
India, and similarly no transport vehicle registered in India shall be
engaged in the transport of passengers from any point in Pakistan to any
other point in Pakistan.
SCHEDULE 1 SCHEDULE
( See Rule 3 ) Form of Permit to Ply Transport Vehicles on Lahore New
Delhi/New Delhi Lahore Routes REGULAR PERMIT (Strike out
whichever is not applicable) Government of India/Pakistan Permit to ply
transport vehicles between India (New Delhi) and Pakistan (Lahore) (a)
Name, address and nationality of the operator of motor vehicle (b)
Registration number of the vehicle (c) Nature of transport operations:
Point to point (Lahore-New Delhi) (d) Capacity of the vehicle: (i) Seating
capacity (ii) Laden weight (e) Particulars of insurance policy (f)
Particulars of certificate of fitness (g) The starting and terminal points in
each country (h) The route or routes to be followed by the scheduled
passenger
service
vehicle
This
permit
is
valid
from ...................................to ....................................... and is not
transferable Signature, Designation and Signature, Designation and
Seal of the competent authority Seal of the competent authority of the
Government of India of the Government of Pakistan This permit is hereby
renewed up to the .................................. day of ..................19...
Signature, Designation and Signature, Designation and Seal of the
competent authority Seal of the competent authority of the Government
of India of the Government of Pakistan means a permit issued by
competent authority of one country and countersigned by the competent
authority of the other country, authorizing the transport vehicle to ply on
the scheduled service route, as specified in such permit, and includes
regular permit for passenger transport; Note: Registration papers and
other documents such as insurance certificate, fitness certificate etc.
shall be carried on the vehicle(s) and made available' for inspection on
demand by the competent authority or any officer duly authorized by the
authority.".
CENTRAL MOTOR VEHICLES (REGULATION OF BUS SERVICE
BETWEEN CALCUTTA AND DHAKA) RULES, 2000
G.S.R. 128(E). Whereas the draft of the Central Motor Vehicles
(Regulation of Bus Service Between Calcutta and Dhaka) Rules was
published as required by Sub-section (1) of section 212 of the Motor
Vehicles Act, 1988(59 of 1988) in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section(i) dated 22nd November, 1999 with the
notification of Government of India in the Ministry of Surface
Transport(Transport Wing) No. G.S.R. 784(E) dated the 22nd November,
1999 inviting objections and suggestions from all persons likely to be
affected thereby within a period of thirty days from the date on which
copies of the Gazette of India containing the notification are made
available to the public; And whereas copies of the said Gazette were
made available to the public on 24th November, 1999; And whereas no
objections and suggestions were received from the public during the said
period of thirty days; Now, therefore, in exercise of the powers conferred
by sub-section (2) of section 139 of the Motor Vehicles Act, 1988(59 of
1988), the Central Government hereby makes the following rules,
namely:RULE 1. SHORT TITLE AND COMMENCEMENT
--"These rules may be called the Central Motor Vehicles (Regulation of
Bus Service Between Calcutta and Dhaka) Rules, 2000.
RULE 2. DEFINITIONS
-- In these rules, unless the context otherwise requires,
(a) "Agreement" means the Agreement between the Government of the
Republic of India and the People's Republic of Bangladesh for the
regulation of motor vehicle passenger traffic between the two countries;
(b) "bus crew" means driver and conductor ;
(c) "competent authority" means:(i) in relation to a regular permit for transport vehicle , an authority
competent to issue such a permit under the law of the country
concerned;
(ii) in relation to a driving licence, an authority competent to issue the
driving licence under the law of the country concerned;
(iii) in relation to a conductor's licence , an authority competent to issue
the conductor's licence under the law of the country concerned.
(d) "Conductor's Certificate'" means a certificate issued under clause (5)
of Article III of the Agreement.
(e) "Driving Licence" means the document issued by a competent
authority as the case may be, authorising the person specified therein to
drive a motor vehicle or a motor vehicle of any specified class or
description.
(f) "Identity Cards/ Documents" mean the Cards/ documents issued by
the competent authority as referred to in clause (4) or( 5) of Article III of
the Agreement.
(g) "Passenger vehicle" means motor vehicle for the carriage of
passengers for hire or reward between Bangladesh and India subject to
such restrictions on the gross laden weight, wheel base, seating capacity
and overall height of vehicle as may be operating in either country from
time to time.
(h) "Schedule" means a Schedule annexed to these rules.
RULE 3. FORMS, CONTENTS AND DURATION ETC. OF THE PERMIT
(1) A route permit for passenger vehicle shall be in the form set out in the
Schedule I annexed to these rules and shall be non-transferable.
(2)A route permit for passenger vehicle shall be valid for one year at a
time.
RULE 4. ELIGIBILITY CONDITIONS OF A VEHICLE
(1) A passenger vehicle shall be so constructed and maintained as to be
at all times under the effective control of the person driving it.
(2) The driver of a passenger vehicle shall have (a) a valid registration certificate issued under the law of the country
concerned ;
(b) a valid certificate of fitness issued under the law of the country
concerned;
(c) a valid insurance policy issued under the law of the country;
(d) a valid route permit issued under the law of the country; in respect of
such vehicle and shall make the said documents available for inspection
by any authority competent to inspect such vehicle.
RULE 5. CONDITIONS FOR THE DRIVER/CONDUCTOR
(1)The person driving a passenger vehicle shall be in possession of a valid
driving licence to drive such a vehicle and driver's identity
card/document issued by the respective competent authority in the form
set out in Schedule II.
(2)The conductor of a passenger vehicle shall be in possession of a valid
conductor's certificate and a conductor's identity card/document issued
by the respective competent authority.
(3)lf, for any reason, a driver referred to in sub-rule (1) or a conductor
referred to in sub- rule (2) of a country is unable to perform his duties in
the other country, a driver or a conductor in possession of a valid driving
license/certificate and identity card issued by a competent authority,
may drive or control the vehicle,
RULE 6. DISTINGUISHING PARTICULARS TO BE EXHIBITED ON THE
PASSENGER VEHICLE
In addition to the registration number assigned to a passenger vehicle,
operating under the agreement, by the competent authority of the
respective Government, the following particulars shall be painted in
English and in the official language of the respective country in red
colour on white surface on both the sides of the passenger vehicle each
letter being not less than one inch (2.5 c.m.) high and one inch (2.5 c.m.)
wide legibly painted on a plain surface or a plate or plates affixed to the
passenger vehicle, namely:(i) Name of the country, and
(ii) Starting and terminal points in each country.
RULE 7. PERSONAL EFFECTS OF BUS CREW
The bus crew of a passenger vehicle may carry such personal effects
including wearing apparel, bedding and cooked food as permissible
under the passenger baggage rules of the respective country.
RULE 8. INSURANCE OF THE VEHICLE
No passenger vehicle which does not have a policy of insurance which
covers comprehensive or third party risks , arising out of the use of the
passenger vehicle and which complies with the requirements of the law
of the country concerned shall operate under these rules.
RULE 9. Conditions for transport of passengers
No transport vehicle registered in Bangladesh shall be engaged in the
transport of passengers from any point in India to any other point in
India, and similarly no transport vehicle registered in India shall be
engaged in the transport of passengers from any point in Bangladesh to
any other point in Bangladesh.
SCHEDULE 1 SCHEDULE I
FORM OF ROUTE PERMIT (As per Article 11(2) of the Passenger Motor
Vehicle Agreement between India and Bangladesh) Government of - Route Permit No. _____________ Valid upto Name of the Country, Route
Permit to ply passenger motor vehicle between India and Bangladesh (a)
Particulars of the registered owner of the vehicle : (i) Name
____________________ (ii) Father's/Husband's Name (iii) Address Present
Address Permanent Address (iv) Nationality ___ (b) Particulars of the
vehicle (i) Registration number ___ (ii) Type of the vehicle __ (iii) Maker's
name __ (iv) Year of manufacturing (v) Engine No. _ (vi) Chassis No. _ (c)
Seating capacity (including driver) of passenger vehicle (d) Particulars of
insurance policy against third party risk: (i) Policy number
_______________ (ii) Name of insurer _______________ (iii)Date of expiry
_______________ (e) Particulars of certificate of fitness of the passenger
vehicle. (i) Certificate number ________________ (ii) Validity date : from
___________ to ____________ (f) The starting and terminal points in each
country (i) Place of starting __________________ (ii) Place of Termination
_________________ (iii) Stoppages ____________________ (g) The routes to be
followed by the vehicle (h) Number of trips allowed _______ Signature ,
designation and seal of the competent authority Signature, designation
and seal of the counter signing authority document required under
Article II of the Agreement issued by the competent authority of one
country and countersigned by the competent authority of the other
country. Note: Registration papers and other documents such as
registration certificate, insurance certificates, fitness certificate etc.,
shall be carried on the vehicle(s) and made available for inspection on
demand by the competent authority or any officer duly authorised by the
authority in each country.
SCHEDULE 2 SCHEDULE II
Driver's/Conductor's
Identity
Card/Document
Government
of
__________ 6. Issuing Authority Name of driver/conductor Father's Name
Date of Birth Address Permanent Address Present Address Nationality
Sl. No. Date of Issue Photo Signature of driver/conductor 7. Detail's of
driving/conductor's licence:- Licence No. Issued by. Vehicle class Valid
till 8. Name and address of owner of passenger vehicle. Name Address 9
Permanent Address 9. Identity card/documents valid from
____:__________ to Signature and Seal of Competent Authority "
RULES OF THE ROAD REGULATIONS, 1989
In exercise of the powers conferred by Section 118 of the Motor Vehicles
Act, 1988 (59 of 1988), the Central Government hereby makes the
following regulations for the driving of motor vehicles, namely:REGULATION 1 SHORT TITLE AND COMMENCEMENT
(1) These regulations may be called the Rules of the Road Regulations,
1989.
(2) They shall come into force on the first day of July, 1989.
REGULATION 2 KEEP LEFT
-The driver of a motor vehicle shall drive the vehicle as close to the left
hand side of the road as may be expedient and shall allow all traffic
which is proceeding in the opposite direction to pass on bis right hand
side.
REGULATION 3 TURNING TO LEFT AND RIGHT
-The driver of a motor vehicle shall:
(a) when turning to the left, drive as close as may be to the left hand side
of the road from which be is making the turn and of the road which he is
entering;
(b) when turning to the right draw as near as may be to the centre of the
road along which he is travelling and arrive as near as may be at the left
hand side of the road which the driver is entering.
REGULATION 4 PASSING TO RIGHT
-Except as provided in regulation 5, the driver of a motor vehicle shall
pass to the right of all traffic proceeding in the same direction as himself.
REGULATION 5 PASSING TO THE LEFT
-The driver of a motor vehicle may pass to the left of a vehicle the driver of
which having indicated an intention to turn to the right has drawn to the
centre of the road and may pass on either side, a tram car or other
vehicle running on fixed rails whether travelling in the same direction as
himself or otherwise provided that in no case shall he pass a tram car at
a time or in a manner . likely to cause danger or inconvenience to other
users of the road including persons leaving or about to enter tram cars.
REGULATION 6 OVERTAKING PROHIBITED IN CERTAINK CASES
-The driver of a motor vehicle shall not pass a vehicle travelling in the
same direction as himself:
(a) if his passing is likely to cause inconvenience or danger to other traffic
proceeding in any direction.
(b) if he is near a point, a bend or comer or a hill or other obstruction of
any land that renders the road ahead not clearly visible.
(c) if he knows that the driver who is following him has begun to overtake
him.
(d) if the driver ahead of him has not signalled that he may be overtaken.
REGULATION 7 OVERTAKING NOT TO BE OBSTRUCTED
-The driver of a motor vehicle shall not, whebeing overtaken or being
passed by another vehicle, increase speed or do anything in any way to
prevent the other vehicle from passing him.
REGULATION 8 CAUTION AT ROAD JUNCTION
-The driver of a motor vehicle shall slow down when approaching a road
intersection, a road junction, pedestrian crossing or a road comer, and
shall not enter any such intersection, junction or crossing until he has
become aware that he may do so without endangering the safety of
persons thereon.
REGULATION 9 GIVING WAY TO TRAFFIC AT ROAD JUNCTION
-The driver of a motor vehicle shall, on entering a road interestion, at
which traffic is not being regulated, if the road entered is a main road
designated as such, give way to the vehicles proceeding along that road,
and in any other case give way to all traffic approaching the intersection
on bis right band.
REGULATION 10 FIRE SERVICE VEHICLES AND AMBULANCE TO BE
GIVEN FREE PASSAGE
-Every driver shall, on the approach of a fire service vehicle or of an
ambulance allow it free passage by drawing to the side of the road.
REGULATION 11 RIGHT OF WAY
-The pedestrians have the right of way at uncontrolled pedestrian
crossings. When any road is provided with footpath or cycle tracks
specially for other traffic, except with permission of a police officer in
uniform, a driver shall not drive on such footpath or track.
REGULATION 12 TAKING 'U' TURN
-No driver shall take a 'U' turn where 'U' turn is specially prohibited and
on busy traffic road. If a 'U' turn is allowed the driver shall show signal
by hand as for a right turn, watch in the rear view mirror and turn when
safe to do so.
REGULATION 13 SIGNALS TO BE GIVEN BY DRIVERS
-The following signals shall be used by the drivers of all motors vehicles
namely :(a) When about to slow down, a driver shall extend his right arm with the
palm downward and to the right of the vehicle and shall move the arm so
extended up and down several times in such a manner that the signal
can be seen by the driver of any vehicle which may be behind him.
(b) When about to stop, a driver shall raise his right forearm vertically
outside of and to the right of the vehicle, palm to the right.
(c) When about to turn to the right or to drive to the right hand side of the
road in order to pass another vehicle or for any other purpose, a driver
shall extend his right arm in a horizontal position outside of and to the
right of his vehicle with the palm of the hand turned to the front.
(d) When about to turn to the left or to drive to the left hand side of the
road, a driver shall extend high right ami and rotate it in an
anticlockwise direction.
(e) When a driver wishes to^dicate to the driver of a vehicle behind him
that he desires that driver to overtake him he shall extend his right arm
and hand horizontally outside of and to the right of the vehicle and shall
swing the ami backward and forward in a semi-circular motion.
REGULATION 14 DIRECTION INDICATOR
-The signals referred to in regulation 12, may be simplified also by
mechanical or electrical devices.
REGULATION 15 PARKING OF THE VEHICLE
(1) Every driver of a motor vehicle parking on any road shall park in such
a way that it does not cause or is not likely to cause danger, obstruction
or undue inconvenience to other road users and if the manner of paridng
is indicated by any sign board or markings on the road side, he shall
park his vehicle in such manner.
(2) A driver of a motor vehicle shall not park his vehicle:(i) at or near a road crossing, a bend, top of a hill or a humpbacked
bridge; (ii) on a foot-path; (iii) near a traffic light or pedestrian
crossing; (iv) in a main road or one carrying fast traffic; (v) opposite
another parked vehicle or as obstruction to other vehicle; (vi) along side
another parked vehicle;
(vii) on roads or at places or roads where there is a continuous white line
with or without a broken line;
(viii) near a bus stop, school or hospital entrance or blocking a traffic
sign or entrance to a premises or a fire hydrant;
(ix) on the wrong side of the road;
(x) where parking is prohibited;
(xi) away from the edge of the foot path.
REGULATION 16 VISIBILITY OF LAMPS AND REGISTRATION MARKS
(1) No load or othex goods shall be placed on any motor vehicle so as to
mask or otherwise interrupt vision of any lamp, registration mark or
other mark required to be carried by or exhibited on any motor vehicle by
or under the Act, unless a duplicate of the lamp or mark so marked or
otherwise obscured is exhibited in the manner required by or under the
Act for the exhibition of the maiked or obscured lamp or mark:
(2) All registration and other maiks required to be exhibited on a motor
vehicle by or under the Act shall at all times be maintained in a clear and
legible condition.
REGULATION 17 ONE WAY TRAFFIC
-A driver shall not.(i) drive a motor vehicle on roads declared 'One Way' except in the
direction specified by sign boards;
(ii) drive a vehicle in a reverse direction into a road designed ' One Way '.
REGULATION 18 DRIVING ON CHANNELISED ROADS (LANE TRAFFIC)
(1) Where any road is marked by lanes for movement of traffic, the driver
of a motor vehicle shall drive within the lane and change the lane only
after giving proper signal.
(2) Where any road is marked by a yellow-line dividing road, the vehicle
proceeding in the same direction trying to overtake each other shall not
cross the yellow line.
REGULATION 19 STOP SIGN ON ROAD SURFACE
(1) When any line is painted on or inlaid into the surface of any road at
the approach to the road junction or to a pedestrian crossing or
otherwise', no driver shall drive a motor vehicle so that any part thereof
projects beyond that line at any time when a signal to stop is being given
by a Police Officer or by means of a traffic control light or by the display
of any traffic sign.
(2) A line for the purpose of this regulation shall be not less than 50
millimetres in width at any part and may be either in white, black or
yellow.
REGULATION 20 TOWING
(1) No vehicle other than a mechanically disabled motor vehicle or
incompletely assembled motor vehicle, a registered trailer or a side car,
shall be drawn or towed by any motor vehicle, except for purposes of
delivery and to the nearest filling station or garage.
(2)Nomotorvehicle shall be drawnortowedby any othermotorvehicle
unless there is in the driver's seat of the motor vehicle being drawn or
towed a person holding a licence authorising him to drive the vehicle or
unless the steering wheels of the motor vehicle being towed, are firmly
and securely supported clear of the road surface by some crane or other
device on the vehicle which is drawing or lowing it.
(3) When a motor vehicle is being towed by another motor vehicle the
clear distance between the rear of the front vehicle and the front of the
rear vehicle shaU at no time exceed five metres. The tow ropes, or chains
shall be of a type easily distinguishable by other road users and there
shall be clearly displayed on the rear of the vehicle being towed in Mack
letters not less than seventy five millimetres high and on a white
background the words 'ON TOW'.
(4) No motor vehicle when towing another vehicles other than a trailer or
side car shall be driven at a speed exceeding twenty-four kilometres per
hour.
REGULATION 21 USE OF HORNS AND SILENCE ZONES
-A driver of a vehicle shall not:
(i) sound the horn needlessly or continuously or more than necessary to
ensure safety;
(ii) sound the horn in silence zones;
(iii) make use of a cut-out by which exhaust gases are released other
than through the silencer;
(iv) fit or use any muldtoned horn giving an harsh, shrill, loud or
alarming noise;
(v) drive a vehicle creating undue noise when in motion;
(vi) drive a vehicle with a muffler causing alarming sound.
REGULATION 22 TRAFFIC SIGN AND TRAFFIC POLICE
-A driver of a motor vehicle and every other person using the road shall
obey:(a) every direction given, whether by signal or otherwise, by a police
officer or any authorised person for the time being in-charge of the
regulation of traffic;
(b) any direction applicable to him and indicated on or by notice, traffic
sign or signal fixed or operated by an authority, competent to do so;
(c) any direction indicated by automatic signalling devices fixed at road
intersections.
REGULATION 23 DISTANCE FROM VEHICLES IN FRONT
-The driver of a motor vehicle moving bebind another vehicle shall keep
at a sufficient distance from that other vehicle to avoid collision if the
vehicle in front should suddenly slow down or stop.
REGULATION 24 ABRUPT BRAKE
-No driver of a vehicle shall apply brake abruptly unless it is necessary to
do so for safety reasons.
REGULATION 25 VEHULES GOING UPHILL TO BE GIVEN
PRECEDENCE
-On mountain roads and steep roads, the driver of a motor vehicle
travelling down hill shall give precedence to a vehicle going uphill
wherever the road is not sufficiently wide to allow the vehicles to pass
each other freely without danger, and stop the vehicle to the side of the
road m order to allow any vehicle proceeding uphill to pass.
REGULATION 26 OBSTRUCTION OF DRIVER
-A driver of a motor vehicle shall not allow any person to stand or sit or
anything to be placed in such a manner or position as to hamper his
control of die vehicle.
REGULATION 27 SPEED TO BE RESTRICTED
-The driver of a motor vehicle shall, when passing or meeting a
procession or a body of troops or police on the march or when passing
worimiaQ engaged on road repair, drive at a speed not exceeding than 25
kilometres an hour.
REGULATION 28 DRIVING OF TRACTORS AND GOODS VEHICLES
-A driver when driving a tractor shall not carry or allow any person to be
carried on tractor. A driver of goods carriage shall not carry in the
driver's cabin more number of persons than that is mentioned in the
registration certificate and shall not carry passengers for hire or reward.
REGULATION 29 PROJECTION OF LOADS
-No person shall drive in any public place any motor vehicle which is
loaded in a manner likely to cause danger to any person in such a
manner that the load or any part thereof or anything extends laterally
beyond the side of the body or to the front or to rear or in height beyond
the pennissible limit
REGULATION 30 RESTRICTION TO CARRIAGE OF DANGEROUS
SUBSTANCES
-Except for the fuel and lubricants necessary for the use of the vehicle,
no explosive, highly inflam- mable or otherwise dangerous substance,
shall be carried on any public service vehicle.
REGULATION 31 RESTRICTION ON DRIVING BACKWARDS
-No driver of a motor vehicle shall cause the vehicle to be driven
backwards without first satisfying himself that be will not thereby cause
danger or undue inconvenience to any person orm any circumstances,
for any greater distance or period of time than may be reasonably
necessary in order to turn the vehicle round.
REGULATION 32 PRODUCTION OF DOCUMENTS
-A person driving a vehicle,(i) shall always carry with him his driving licence; certificate of registration; certificate of taxation and certificate of insurance of the vehicle and
in case of transport vehicle the peimit and fitness certificate, also;
(ii) shall on demand by police officer in uniform or an officer of the Motor
Vehicle Department in uniform or any other officer authorised by the
Government, produce the documents for inspection.
REGULATION 33 33
Every driver must be conversant with the provisions of Sections 112 - ,
113 - , 121 - , 122 - , 125 - , 132 - , 134 - , 185 - , 186 - , 194 - and 207
of the Motor Vehicles Act, 1988 –
MOTOR VEHICLES (NEW HIGH SECURITY REGISTRATION PLATES)
ORDER, 2001
Minisrty of Road Transport and Highways, Noti. No. S.O. 814(E), dated
August 22, 2001, published in the Gazette of India, Extra., Part II,
Section 3(ii), dated 22nd August, 2001, pp. 3-6, No. 600 [F. No.
RT-11028/3/2000-MVL] Whereas the Central Government is of the
opinion that it is necessary and expedient in the public interest to notify
certain standards in respect of the new system of high security
registration plates for motor vehicles and the process used by a
manufacturer or vendor for manufacturing or supplying such plates with
reference to the amendments made in the Central Motor Vehicles Rules,
1989 by the Central Motor Vehicles (1st Amendment) Rules, 2001, it,
therefore, in exercise of the powers conferred by the sub-section (3) of
Section 109 of the Motor Vehicles Act, 1988 (59 of 1988) makes the
following order to specify such standards, namely:ORDER 1. SHORT TITLE.
This Order may be called as the Motor Vehicles (New High Security
Registration Plates) Order, 2001 –
ORDER 2. 2.
It shall come into force on the 28th day of September, 2001 in case of
new registered vehicles from that date and in case of already registered
vehicles, two years from the date of publication of this Order in the
Official Gazette.
ORDER 3. APPLICATION
-This Order shall apply to motor vehicles as defined in Clause 28 of
Section 2 of the Motor Vehicles Act, 1988 - (59 of 1988).