Motor Vehicles Act, 1988 CHAPTER V CONTROL OF TRANSPORT VEHICLES sections 76 to 79 - Kerala R.T.O

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 application 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;

       © the manner in which it is claimed that the purpose of carrying persons otherwise than for hire or

             reward on 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 or more of the following conditions, namely,-

(i)                  that the vehicle be used 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 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.

  77.  Application for goods carriage permit,-  An application for 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 by the applicant( in this Chapter referred to as a goods carriage permit) shall, as far a 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 goods it is proposed to be carried;

(d)   the arrangements intended to be made for 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;

(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 of 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 matter which may be prescribed.

  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 goods to be carried with special reference to their dangerous or  

                Hazardous nature to human life;

(b)   the nature of chemicals or explosives  to be carried with special reference to the safety to human life.

  79.  Grant of goods  carriage permit,- (1)  A Regional Transport Authority may on an application made to tie under section 77, grant a goods carriage permit to be valid throughout the State or in accordance with the application or with such modification 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 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,-

(a)    that the vehicle shall be used only in a specified area or on a specified route or routes;

(b)   that the gross vehicle weight of any vehicle used shall not exceed a specified maximum;

(c)    the goods of a specified nature shall not be carried;

(d)   that goods shall be carried at specified rates;

(e)   that specified arrangements shall be made for the housing, maintenance and repair of the vehicle and the storage and safe custody of the goods carried;

(f)     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;

(g)    that the Regional Transport Authority may, after giving notice of not less than one month-

(i)      vary the conditions of the permit;

(ii)    attach to the permit further conditions;

(h)    that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority;

(i)      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.