R.T.Office, Kerala: 2013

Motor Vehicles Act, 1988 CHAPTER VIII CONTROL OF TRAFFIC - Kerala RTO

CHAPTER VIII

CONTROL OF TRAFFIC

112. Limits of Speed,- (1) No person shall drive 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 by 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 interests of public safety of convenience or because of the nature of nay road or bridge, by notification in the Official Gazetter, and by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fis such maximum speed limits or minimum speed limits as it thinks fit for motor vehicles or any specified class or description of 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 Manoruvres, Field Firing and Artillery Practice Act, 1938 (5 0f 1938)

113. Limits of weight and limitations on use,- (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.

(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 unladen weight of which exceeds the gross vehicle weight specified in the certificate of

registration of the vehicle.

(4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of of sub-section (2) or clause (a) of sub-section (3) is not the owner, a Court may presume that the offense was committed with the knowledge of or under the orders of the owner of the motor vehicle of trailer.

114. Power to have vehicles weighed,- (1) Any officer of the Motor Vehicles Department authorised in this behalf be Central Government shall, if it has reason to believe that a goods vehicle or trailer is being used in contravention of section 113, required 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 provision of section 113 regarding the weight, be 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 form that place until the laden weight had been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 113 and 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 t the authority which issued that permit.

115. Power to restrict the use of vehicles,- (1) 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 the exceptions and conditions as may be specified in the notification, the driving on motor vehicles or of any specified class or description on motor vehicles or of the use of trailers either generally or 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 113 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

116. Power to erect traffic signs,- (1) (a) The State Government or any suitable 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 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 of at suitable places of the appropriate sighs referred to in part A of the Schedule, designate certain roads as main roads for the purpose 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 nay 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 any 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 signs 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 Superintended 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 from view or any sign or advertisement which is in his opinion 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 place or erected under this section.

(6) If any person occidentally causes such damage to a traffic sign as renders it useless for the purpose for which it is placed on erected under this section, ha 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 the First Schedule conformity with any International Convention relating to motor vehicle 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 notifications, the First Schedule shall be deemed to be amended accordingly.

117. Parking places and halting places, - 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 in necessary for taking up and setting down of passengers.

118. Driving regulations, - The Central Government may, by notification in the Official Gazette, make regulations for the driving of motor vehicles.

119. Duty to obey traffic signs,- (1) Every driver of a motor vehicle shall drive 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 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 f the First Schedule or any traffic signs 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.

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 unless it is equipped with a mechanical or electrical signalling device of a prescribed nature and in working order.

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 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 t such conditions as may be specified therein any motor vehicle or class or description of motor vehicle from the operation of this section for the purpose of plying in that area or route.

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.

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 motor vehicle.

(2) No person shall travel on the running board or on the top or on the bonnet of a motor vehicle.

124. Prohibition against travelling without pass or ticket, - (1) No person shall either enter or remain in any stage carriage for the purpose 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 for the purpose of travelling therein the stage carriage by which a person has to travel, a person may enter such a 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 form such conductor or driver, as the case may be, a ticket for his journey.

Explanation,- In this section ,-

(a) “pass” means a duty, privilege or courtesy pass entitling the person to whom it is given to

travel in a stage carriage gratuitously and includes a pass issued on payment for travel

in a stage carriage for the period specified therein;

(b) “ticket” includes a single ticket, a return ticket or a season ticket.

125. Obstruction to driver,- No person driving a motor vehicle shall allow any person to stand or sit or to place anything in such manner or position as to hamper the driver in his control of the vehicle.

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 authorised 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 occidentally be put in motion in the absence of the driver.

127. Removal of motor vehicles abandoned or left unattended on a public place, - (1) Where any motor vehicle is abandoned or left unattended on a public place for ten yours or more, or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilizations by any means including wheel clamping may be authorized by a police officer in uniform having jurisdiction.

(2) Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating traffic hazard because of its position in relation to the public place or its physical appearance is causing the impediment to the traffic, its immediate removal from the public place by a towing service may be authorised by a police officer having jurisdiction.

(3) Where a vehicle is authorised to be removed under sub-section (1) of sub-section (2) by a police officer the owner of the vehicle shall be responsible for all towing costs, besides any other penalty.

128. Safety measures for drivers an pillion drivers, - (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 otherwise than sitting on a proper seat securely fixed to the motor cycle behind the drivers seatwiht appropriate safety measures.

(2) In addition t to the safety measures in sub-section (1), the Central Government may, prescribe other safety measures for the drivers of two-wheeled motor cycle and pillion riders thereon.

129. Wearing of protective headgear, - (1) Every person driving or riding otherwise than in a side car on a motor cycle of any class or description shall, while in public place, wear protective headgear conforming to the standards of Bureau of Standard:

Provided that the provisions of this section shall not apply to a person who is a Sikh, if he is, while driving or riding a motor cycle in a public place, wearing a turban:

Provided further that the State Government may, by such rules, provide for such exemptions as it may think fit.

Explanation,- “Protective headgear” means a helmet which-

(a) by virtue of its shape, material and construction, could be reasonable be expected to

afford to the person driving or riding on a motor cycle a degree of protection from

injury in the event of an accident, and

(b) is securely fastened to the head of the wearer by means of straps or other fastening

provided on the headgear.

130. Duty to produce license 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 the license for examination:

Provided that the driver may, if his license has been submitted to, or has been seized by, any officer or authority under this or any other Act, produce in lieu of the license a receipt or other acknowledgement issued by such officer or authority in respect thereof and thereafter produce the license within such period, in such manner as the Central Government may prescribe to the police officer making the demand.

(2) The conductor, if any, of a motor vehicle in any public place shall, on demand by any officer of the Motor Vehicle Department authorised in this behalf, produce the license 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 56 and 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 photocopies of the same, duly attested in person or send the same by registered post to the officer who demanded it.

Explanation:- For the purpose of this sub-section certificate of insurance means the certificate issued under sub-section (3) of section 147.

(4) If the license 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 the demand is made, it shall be sufficient compliance with this section if such person produces the license or permit within such period in such manner as the Central Government may prescribe to eh 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 to produce the certificate of registration or the certificate of fitness of a transport vehicle.

131. Duty of the driver to take certain precautions at unguarded railway crossings, - (1) Every driver of a motor vehicle at the approach of any unguarded railway lever 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 crossing and ensure that not train or trolley is approaching from either side and then pilot the motor vehicle across such a lever 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 form either side before the railway track is crossed.

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 may for such reasonable time as may be necessary, but not exceeding twenty four hours:

(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 any 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.

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 furnished 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 give 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.

133. Duty of owner of a motor vehicle to give information, - (1) The owner of a motor vehicle , 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 license held by, the driver or a conductor which is in his possession or could by reasonable diligence be ascertained by him.

134. Duty of driver in case of accident and injury to a person, - When any person is injured or any property 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 by conveying

him to the nearest medical practitioner of hospital, and it shall be the duty of every registered

medical practitioner of the doctor or duty in the hospital to attend to the injured person and

render medical aid or treatment without waiting for any procedural formalities unless the injured

person or his guardian, in case he is a minor, desires otherwise;

(b) give on demand by any police officer any information required him or, if no police officer is

present, report 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.

(i) insurance policy number and period or its validity;

(ii) date, time and place of accident;

(iii) particulars of the persons injured or killed in the accident;

(iv) name and address of the driver and the particulars of his driving license.

Explanation:- For the purpose of this section, the expression “driver” includes the owner of the vehicle

135. Scheme to be provided 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 study on causes and analysis of motor vehicles accidents;

(b) wayside amenities on highways;

(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 Legislative.

136. Inspection of vehicles 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 by the authority, inspect 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 removed shall be intimated to the owner of the vehicle and shall be returned after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty four hours.

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 the drivers of motor vehicles and such signals

under section 121;

(b) the manner in which the license and certificates may be produced to the police officer, under

section 130.

138. Power of State Government to make rules,- (1) Inspection of vehicles involved in accident,- 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 generality of the foregoing power, such rules may be provided for –

(a) the removal and safe custody of vehicles including their loads which have broken down or

which have been left abandoned on the road;

(b) the installation and use of weighting devices;

(d) the exemption from all or any of the provisions of this Chapter of Fire Brigade vehicles,

ambulances and other special classes of description 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 disengaging either

generally of a specified place;

(g) prohibiting the taking hold of or mounting a motor vehicle in motion;

(h) prohibiting the use of footpaths for pavements by motor vehicles;

(i) generally, the prevention of danger, injury or annoyance to the public or any person, or of

dander or injury to property or of obstruction to traffic; and

(j) any other matter which is to be, or may be, prescribed.

Original vehicle duplicate R.C, stolen vehicle original R.C - Kerala RTO

The original incidence of this story occurred in 1982. At that time R.T.O’s office, Ernakulum was functioning in the second floor of the private bus stand building at Kaloor. I was working as L.D clerk in that office at that time and was handling registration section.

In those days there was an auto agent named Philip at that office. Owner of an ambassador motor car entrusted the records of an ambassador motor car with him for transferring the ownership of the vehicle in his name. After collecting the fee and his service charges from the owner of the vehicle Philip got the ownership of the vehicle transferred to the name of the purchaser and the R.C book and other records were collected from R.T Office and records were kept with him for handing over to the owner when he turns up for collecting them.

After some days the owner of the vehicle approached Philip for collecting the records of the vehicle. But unfortunately the records of the vehicle were found missing from the place where Philip was carrying out his business. Philip searched for the records on every nook and corner of the place, but could not find it out . So Philip told him in an appeasing tone to come after a few days, by which time he promised to trace out the records and give to him.

When the owner approached Philip after some days, the earlier story repeated and nothing new has happened. Some months went like this during which the owner has approached Philip several times for his records. But the problem was not solved and the records were not handed over to the owner which resulted in exchange of bad words and even manhandling also took place between them.

By this time the owner realized that only solution for this problem is obtaining a duplicate R.C from R.T.Office. So he applied for a duplicate R.C through Philip himself and the same was obtained after following the formalities like publishing the matter in a local daily. This time the R.C was received by the owner direct from the office to avoid further missing.

Second part of this story happens after about one year, by which time R.T.Office has been shifted to Civil Station at Kakkanad. During that time also I was handling registration section in that office. As this incidence was a very controversial all the office staff was aware of the vehicle name and owner of the vehicle was also known to many of them.

When a vehicle is included in an office by transferring the ownership of the vehicle, in those days a communication named CRTI has to be sent to the original registering authority by the present registering authority regarding the inclusion of the vehicle in that office. The general format of the intimation is given below. Vehicle No--------- registered by you in the name of ----------- has been transferred with effect form-------- to the name and address of -------------------------------------.

A CRTI sent by R.T.O Thrissur, in respect of the ambassador car mentioned in the above incidence was received in the R.T.Office, Ernakulam during this period. As I was in registration section the above CRTI was received in my section. But when I tried to enter the details of the CRTI in the concerned register popularly known as B register, I found that the name of the previous owner mentioned in the CRTI, does not match with those entered in the register.

As some foul play was suspected in this case, R.T.O Thrissur was addressed intimating the fact and requesting to furnish the registration particulars of the vehicle in question. The registration particulars of the vehicle was received in due course of time, say three of four weeks.

Then only the real facts behind this was revealed. The vehicle mentioned in the CRTI and the vehicle with the same number included in R.T.Office, Ernakulum were entirely different vehicles. When this fact was realized a detailed letter was sent from R.T.Office, Ernakulam to R.T.O Thrissur intimating the fact and requesting to take necessary steps to take the vehicle included in that office into custody as it was a fake vehicle.

From the above it is clear that the agent named Philip has utilized the orginal RC of the vehicle for another stolen vehicle and this vehicle has been sold to a person at Thrissur. Recording of Transfer of ownership of this vehicle could have been done easily as the vehicle need not be produced for effecting transfer of ownership. But when CRTI information regarding the transfer ownership of this vehicle was received at R.T.Office, Ernakulam, the discrepancy in the name of the previous owner was noticed which lead to the revelation of the real facts.

Similar types of cases may be still happening, leading to the operation of original vehicles with duplicate RCs and stolen vehicles with original RCs. So it is advisable that when one person buys a second hand vehicle, it is better to get the vehicle inspected by a person who is very conversant with these matters and ascertain that no tampering has been done either in the chassis number of engine number of the vehicle.

Experiences and Episodes Kerala RTO

Dear friends,

During the last few months we have become friends by meeting in this blog.I know very well that this blog has become very popular in a short span of time because of your friendship and whole hearted support. Let me take this opportunity to express my sincere gratitude for your esteemed friendship and co-operation. If you could gain some knowledge about the functioning and procedures in R.T.Office through this blog, which you wanted to get, I can be satisfied that my work was not futile.

Many persons who were with me while I was in service had helped me very much in maintaining this blog. My friend and old colleague Sri B.J. Antony, R.T .O, Ernakulam is the first person among them who needs to be thanked for his immense help. At his juncture I thank Sri B.J. Antony who has ventured to answer some queries in my blog, and he was the person with him I used to clarify my doubts, for answering the queries in the blog.

It has been decided to start a new series of articles describing the great experiences in this department of those who have retired from the department and of those who are still in the department and also of the good and bad experiences of the general public to enable the viewers of this blog to get a clear and factual scenario prevailing in this department. The experience of humiliating behavior of the staff of this department will be taken up separately and every possible steps will be taken to get their grievances redressed by forwarding such matter to the appropriate higher authorities if the grievances are found to be genuine on preliminary enquiry.

As this blog is concerned about the procedure and formalities of R.T.Offices in Kerala and as 90 % of the viewers of this blog are malayalies, the new series of articles will be in Malayalam. Those who do not know Malayalam can communicate their experiences in English. My own experience story titled “original vehicle duplicate RC, stolen vehicle original RC will be published in in this site shortly.

All the viewers of this site, my friends who are working in this department and who have retired after their tenure is over are requested to co-operate and forward their experience stories as early as possible so that they can be published without much delay. Now let me remain

Yours lovingly

Johnson Maria Joy

Assignment of new registration mark to vehicle brought form other States - Kerala RTO

Section 47 of Central Motor Vehicle’s Act, 1989 states that “when a motor vehicle registered in one State has been kept in another state for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such manner containing such particulars as may be prescribed by the Central Government, apply to that registering authority, within whose jurisdiction the vehicle then is, for the assignment of new registration mark and shall present the certificate of registration to that registering authority.”

Forms and records to be produced for changing the number of a vehicle of brought form another State

1. The application shall be submitted in form 27.

2. NOC in form 28 issued by the original registering authority.

3. Registration Certificate.

4. Insurance Certificate.

5. Pollution under control certificate.

6. Attested copy of address proof.

7. Application in form 33 if change of address, is involved.

8. If transfer of ownership is involved two copies of duly filled up and signed from 29 and one copy of

form 30 part I and part II.

9. Receipt of remittance of required fee for the above services.

10. Notary attested affidavit in Annexure 2 in stamp paper worth Rs 50/-

11. NOC from the financier, if the vehicle is held under any HPA.

Application with all the above documents will be produced before the head of the office. He will verify it thoroughly and if satisfied, he will direct the vehicle to be inspected. On this direction the Assistant Motor Vehicle will inspect the vehicle and the application with his report will be submitted to the office for further action.

Application for assignment of new registration mark to a vehicle brought from other State will have to be submitted online and this service is not included in the list of fast track counter services.

GUIDELINES FOR COMMON CITIZEN TO MAKE E-PAYMENT - Kerala RTO

The following citizen service has been enabled for online application and e-payment through the departmental portal (http//www.geralamvd.gov.in)

1, New learner’s license(LL), Driving License(LL) and booking of LL date (Fees and service charge)

2. License particulars(fees and service charge)

3. Change of address in DL (fees and service charge)

4. Badge for Transport Vehicles fees and service charge)

5. Addition of class in DL (fees and service charge)

6. Duplicate License (fees and service charge)

7. License renewal (fees and service charge)

8. Change of Other State DL (fees and service charge)

9. RC particulars (fees and service charge)

10. Duplicate RC (fees and service charge)

11. Change of Address in RC (fees and service charge)

12. Registration renewal (fees and service charge)

13. Endorse Hypothecation (fees and service charge)

14. Cancel Hypothecation (fees and service charge)

15. Transfer of ownership (fees and service charge)

16. No Objection Certificate (fees and service charge)

17. Re-Assignment (RMA) (fees and service charge)

18. CF Test application and Booking CF Test Date (fees and service charge)

19. New Vehicle Registration (Through Dealers) (Fees. Tax, Cess and Service Charge)

Instruction to submit online application and make e-payment

1. Citizens should approach the nearest Akshaya Center for filing application for MVD service.

2. Akshaya person submit the online application (e-application) for the desired services through the MVD portal (http://www.kerala mvd.gov.in) to the RTO/Sub RTO to which the citizen want to submit the e-application. Care should be taken to select the correct RTO/SRTO to which the online application request is to be reached.

3. ‘E Application Register Number’ will be generated by MVD system after accepting the e-application in the MVD server and the e-application ID will be messaged to the applicant through sms and e-mail.

4. After registering the e-application the MVD system will show the amount required to be paid for this service ( either fee + service charge + fine (if required) or fee + service charge + tax + cess).

5. Amount can be paid through e-payment facility provided in the portal. E-payment confirmation details will be messaged to the applicant through e-mail and sms.

6. The duly signed printed forms generated from the MVD portal, e-pay receipt and the original certificate for proof of address/age etc. may be submitted to the respective RTO/SRTO.

7. The submitted online application will be downloaded along with e-payment receipt by the RTO/SRTO in regular intervals

8. Downloaded online application will be inward in the RTO/SRTO at the time of receiving the duly signed printed forms in the RTO/SRTO and the inward number will be generated. The inward details will be messaged to the applicant through SMS or E-mail.

9. The online application will be processed through the digital work flow in the RTO/SRTO office. For new registration, newly allotted vehicle number will be messaged to the applicant through SMS and e-mail.

10. From the dispatch the DL/RC will be sent to the applicant through speed post. Documents dispatch status along with the speed post reference number will be messaged to the applicant through SMS and E-mail

11. By giving the inward number or E-application number, the applicant can view the application status through the departmental portal or through SMS

CIRCULAR NO.11/2000 – Issue of Driving License to persons holding valid driving license issued from foreign countries - Kerala RTO

No C1-1151/TC/99 Head Office, Motor Vehicles Department

Thiruvananthapuram dated 08-08-2000

CIRCULAR NO.11/2000

Sub: Motor Vehicles Act and Rules – Issue of Driving License to persons holding valid driving license issued from foreign countries-Instruction Issued.

Ref: circular No 3/2000

As per the Circular referred above, instructions had been given regarding the procedure for issue of Driving License to those persons who are in possession of valid Driving License of foreign countries. In the above mentioned circular, it was clarified that persons in possession of valid driving license of other countries will be exempted from learner’s license and test of competence to drive, while applying for Driving License. But as per clause III of sub-section 9, persons in possession of valid Driving License issued by a competent authority of any foreign country will be exempted from the test of competence to drive while applying for Driving License. But there is no provision in the Act or Rules for exempting a person from obtaining a learner’s license while applying for a Driving License. Moreover according to Rule 14 of the C.M.V. Rules, an application for a Driving license shall be accompanied by an effective learner’s license. This invariably means that such persons should undergo and pass the learner’s test as prescribed in sub –section (5) of section 8 of Motor Vehicles Act, 1988.

It is therefore clarified that any applicant who holds a valid driving license issued by a competent authority of any country outside India and who is desirous of applying for a Driving License in India under section 9(3) (III) has necessarily to obtain a learner’s license as per section 8 of Motor Vehicles Act read with rule 14 of Central Rules.

Circular No 3/2000 is hereby cancelled.

Receipt of the circular will be acknowledged.

Sd/-

Transport Commissioner

Motor Vehicles Act, 1988 CHAPTER VII CONSTUCTION, EQUIPMENT AND MAINTANANCE OF MOTOR VEHICLES- Kerala RTO

Motor Vehicles Act, 1988

CHAPTER VII

CONSTUCTION, EQUIPMENT AND MAINTANANCE OF MOTOR VEHICLES

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 timed 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 signaling device of a prescribed nature.

(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 publish 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.

110. (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 overhang of vehicles and of the loads carried;

(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of

date and year of manufacture, and the maximum load carrying capacity;

(d) the use of safety glasses including prohibition of the use of tinted safety glasses;

(e) signaling appliances, lamps and reflectors;

(f) speed governers;

(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 eh vehicle as inbuilt safety devices;

(l) provision for transportation of goods of dangerous or hazardous nature to human life;

(m) standards for emission of air pollutants;

(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 service 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 matter of ensuring the compliance 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 motor vehicle or any class or description of motor

vehicles form 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

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 specified in sub-rule (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 a particular class of 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;

(d) the periodical testing and inspection of vehicles by prescribed authorities and fees to be charged

for such test;

(e) the particulars other than registration mark to be exhibited by vehicles and the manner in which

they shall be exhibited;

(f) the use of trailers with motor vehicles; and

(g) omitted wef 14 -11-1994

Motor Vehicles Act, 1988 CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS - Kerala RTO

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.

98. Chapter VI 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.

99.Preparation and publication of proposal regarding road transport service of a state transport undertaking,- (1) Where any State Government is of opinion that 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 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 service proposed to be rendered, the area or route proposed to be covered 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 t be covered by such scheme and also in such other manner as the State Government formulating such proposal deem fit.

(2) Not withstanding 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 permit shall be valid only for a period of one year from the date of issue or till the date of final publication of the scheme under section 100, whichever is earlier.

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 date of its publication in the Official Gazette, file objections to it before the State Government.

(2) The State Government may, after considering the objections and after giving an opportunity to the objector or his representatives and the representatives of the State 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 State 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 f 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 sate of publication of the proposal regarding the scheme in the Official Gazette under sub-section (1), the proposal shall be deemed to have lapsed.

Explanation:- In computing the period of one year referred to in this sub-section, any period or periods during which the publication of the approved scheme under sub-section (3) was held up on account of any stay or injunction by the order of any court shall be excluded.

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 concerned Transport authority without delay.

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 language circulating 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.

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;

(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 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)

104. restriction on grant of permits in respect of a notified area or a 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 route in pursuance of an approved scheme, the State Transport authority or the Regional Transport Authority, as the case may be, may grant temporary permit 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.

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 sub-section (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) of sub-section (1) 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 for 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 permit – Two hundred rupees;

(b) for part of a month not exceeding fifteen days of the unexpired period of 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 powers conferred by sub clause (iii) of clause © 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 curtailments shall be an amount computed in accordance with the following formula, namely,-

YxZ

Explanation:- In this formula,-

(i) “Y” means the length or area by which the route or area covered by the permit is curtailed;

(ii) “A” means the total length of the route or the total area covered by the permit.

(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 percent per annum form the date on which it falls due.

106. Disposal of articles found in the vehicles,- Where any article found in any transport vehicle operated by the State transport undertaking is not claimed by the owner within in 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.

107. Power to 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;

section 100;

(d) the form in which any approved scheme may be published under sub-section (1) of section

103 may be made;

(e) the manner in which application under sub-section (1) of section 103 may be made;

(f) the period within which the owner may claim any article found left in any transport vehicle

under section 103 and the manner of sale of such article;

(g) the manner service of orders under this Chapter;

(h) any other matter which has to be, or may be prescribed.

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 exercised by the Central Government in relation to an inter State route or area

Issue of Driving License to persons holding valid driving license issued from foreign countries - Kerala RTO