Central Motor Vehicle Rules, 1989 - CHAPTER III - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rules 42 and Rule 43

CHAPTER III

REGISTRATION OF MOTOR VEHICLES
Rules 42 and Rule 43

42. Delivery of vehicle subject to registration,- No holder of a trade certificate shall delver a motor vehicle to a purchaser without registration, whether temporary or permanent.

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 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 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.

Central Motor Vehicle Rules, 1989 - CHAPTER IIi - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 33, 34, 35, 36, 37 and Rule 38

CHAPTER III

REGISTRATION OF MOTOR VEHICLES

                                                                        Trade certificate

33. Condition for exemption from registration,- For the purpose of the provision to section 39, a motor vehicle in the possession of a dealer shall be exempted from the necessity of registration subject to the condition that he obtains a trade certificate from the registering authority having jurisdiction in which the dealer has his place of business in accordance with the provisions of this chapter.

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 71.

(2) Separate application shall be made for each of the following classes of vehicles, namely,-

    (a)  motor cycle;

    (b)  Invalid carriage;

    ©  light motor vehicle

(a)    medium passenger motor vehicle;

(b)   medium goods vehicle;

(c)    heavy passenger motor vehicle;

(d)   heavy good vehicle

(e)   any other vehicle of the specified description.

34. 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 certificate 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 registration mark consisting of registration mark referred to in the notification made under sub-section (6) of section 41 and followed by two letters and a number containing three digits for each vehicle, for example,

        AB                  -              Represent the State Code

        12                   -              Registration District Code

        TCI -              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.

36. Refund, - Where the registering authority refuses to issue of renew under Rule 35shall be in force for a period of 12 months from the date of issue or renewal thereof and shall be effective throughout India.

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 registering 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 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.

Central Motor Vehicle Rules, 1989 - CHAPTER II - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule and 31 A

Central Motor Vehicle Rules, 1989 - CHAPTER II 

LICENSING OF DRIVERS OF MOTOR VEHICLES

Driving Schools and Establishments

Rules 31 A

31 A. Temporary License ,- (1) When there is no school or establishment as referred t in sub-section (4) of section 12 or license granted under sub-rule (4) of Rule 24, in any Taluk within the jurisdiction of the licensing authority , the licensing authority may, not withstanding anything contained in sub-rule (3) and (4) of Rule 24 or Rule 25, grant temporary license to an establishment or any person for imparting instruction in driving of transport vehicle, subject to the following condition, namely,

(a)    the temporary license shall be valid for a period of one year from the date of issue:

Provided that as long as the taluk does have any school or establishment, the licensing authority may renew a temporary license granted  under this sub-rule for a further period not exceeding one year at a time.

(b)   the person imparting instruction in 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 instructions is proposed to be imparted;

(ii)                adequate knowledge of the regional language on the region in which the school or establishment is situated;

(iii)               a thorough knowledge of traffic signs specified in the schedule to Act and Regulations  made under section 118;

(iv)              ability to demonstrate and explain the functions of different components and parts of a vehicle:

© the applicant shall maintain a motor vehicle each of the type in which the instruction is imparted and also following apparatus, namely,-

(i)                  black board;

(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 liver, wheel brace, jack;

(v)                spanner ( a set 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 Central Government of 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 institutes shall be in the syllabus referred to in sub-rule 31.

Central Motor Vehicle Rules, 1989 - CHAPTER II - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 29, 30 and 31

Central Motor Vehicle Rules, 1989 - CHAPTER II 

LICENSING OF DRIVERS OF MOTOR VEHICLES

Driving Schools and Establishments

Rules 28,29, and 30

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.

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 party to be heard and after further enquiry, if any, as it may deem necessary, pass appropriate orders.

31. Syllabus for imparting instructions in driving of motor vehicles,- (1) The syllabus for imparting instructions in driving of motor vehicles of schools or establishments shall be as follows(se tables below)

(2) The lessons for training drivers of non-transport vehicles shall cover parts A,B,C,F,G and K   oof the syllabus  referred to in sub-rule (1) and the training period shall be not less than twenty one days.

Provided that, in  case of motor cycles, is shall be sufficient compliance the provisions, if portion of part C of syllabus  as applicable to such  vehicles are covered.

(3) The lessons for training drivers of transport vehicles shall cover part E,F,G, H,I, J and K of the syllabus referred to in  sub-rule (1) and the training period shall not be less than thirty days:

Provided that this sub-rule shall not apply in respect of drivers holding driving license to drive medium goods vehicle or medium passenger vehicle who had undergone the  lessons after the commencement of this rule, and desiring to obtain a driving license to drive  heavy goods vehicle or heavy passenger motor vehicle.

(4) The actual driving hours for trainees in driving non-transport vehicles shall not be less than ten  hours and  actual driving hours for trainees in driving transport vehicle shall not be less than fifteen  hours:

Provided that, in case of drivers holding driving license to drive medium goods vehicle or medium passenger motor vehicle undergoing training for heavy motor vehicles, it shall be sufficient if they undergo training in driving for a period of not less than five hours.

(5)  Nothing in this rule shall apply in the case of an applicant whose driving license authorizes  him to drive a motor cycle  or a three-wheeler non-transport vehicle  or motor car, applying for a license to  drive a tractor-trailer combination.

(6) Where any trainee possesses first-aid certificate issued by St. John Ambulance Association, he need not undergo part K of the syllabus referred to in sub-rule (1)

Central Motor Vehicle Rules, 1989 - CHAPTER II - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 28

Central Motor Vehicle Rules, 1989 - CHAPTER II 

LICENSING OF DRIVERS OF MOTOR VEHICLES

Driving Schools and Establishments

Rules 28

28. Power of the licensing authority to suspend or revoke license,- (1) If the licensing authority which granted the license is satisfied after giving the holder of the license 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

© failed to adhere to the syllabus specified in Rule 31 in imparting instructions or

(d) violated any other provision of Rule 27, it may, for reasons to be recorded in writing, make an order,-

       (i) suspending the license for a specified period;

       (ii) revoking the license.

(2) Where the license is suspended or revoked under sub-rule (1), the license shall be surrendered to the licensing authority by the holder thereof.

          

Central Motor Vehicle Rules, 1989 - CHAPTER II - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 25, 26 and 27

Central Motor Vehicle Rules, 1989 - CHAPTER II 

LICENSING OF DRIVERS OF MOTOR VEHICLES

Driving Schools and Establishments

Rules 25, 26 and 27

25. Duration of license and renewal thereof,- A license 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 license not less than sixty days before its expiry.

26. Issue of duplicate license,- (1) If at any time a license granted under sub-rule (4) of Rule 24 is lost or destroyed the holder of the license shall forthwith intimate the loss to the licensing authority which granted the license and shall apply in license to the said authority, for a duplicate.

(2) On receipt of the application along with the appropriate fee as specified in Rule 32, the licensing authority shall issue a duplicate license 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.

27. General conditions to be observed by the holder of a license,- The holder of a license granted under rule 24 shall,-

(a)  maintain on an annual basis, a register in form 14 and  alphabetical list of names of names of the students admitted during the year;

(b)  conduct the training course according to the syllabus specified in Rule 31;

©  [xxxx]

(d)  issue to every student who has completed the course a certificate  in form 5;

(e)  submit to the licensing authority which grated the license such information or return as may be called for by it from time to  time for the purpose of this Chapter;

(f)  not shift the school establishment from the premises mentioned in the license without prior approval in writing of the licensing authority, which granted the license.

(g)  keep the premises of the school or establishment and the record and the 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) exibit in a conspicuous manner on all the motor vehicles used for imparting instructions  the  name, full address of 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 license in original issued to the school or establishment by the licensing authority, and

     (ii) the name and address 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 license for such persons 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 

Central Motor Vehicle Rules, 1989 - CHAPTER II - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 24

Central Motor Vehicle Rules, 1989 - CHAPTER II 

LICENSING OF DRIVERS OF MOTOR VEHICLES

Driving Schools and Establishments

24. Driving Schools and establishments,-  (1) No person shall establish or maintain any driving school or establishment of imparting instructions for hire or reward in driving motor vehicles without a license in form 11 granted by the licensing authority.

(0)    An application for the grant or renewal of a license 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 32.

Explanation:- For the purpose of this Rule and Rules 25 to 28 “liceinsing authority means an officer not below the rank of a Regional Transport Officer of the Motor Vehicles Department  established under section 213.

           (3)) The licensing authority shall , when considering the application for the grant of renewal of license under this Rule, have regard to the following matters, namely,-

(i)                  The applicant and 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  [for conducting lecture  and demonstration of models] beside adequate parking area for the vehicles meant to be used  for imparting training 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 instructions 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 school 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 vehicle are available exclusively for the purpose of imparting instructions and all such vehicles, except motor cycles, are fitted with dual control facility to enable the instructor to control or stop the vehicle;

(vi)              The applicant maintains the following apparatus, equipments and other requirements namely,-

(a)    Black board,

(b)   A road plan board with  necessary signals and charts,

(c)    Traffic sign charts,

(d)   Chart on automatic signals given by traffic controllers where there are not automatic signals,

(e)   A service chart depicting a detailed view of all the components of a motor vehicle,

(f)     Engine , gear box, (brake shoe and drums) [except where the applicant desires to impart instructions in the driving of motor cycles only),

(g)    Puncture kit with tyre liver, wheel brace, jack and tyre pressure gauge,

(h)   Spanner ( a set of each fix spanners, box spanners,  pliers, screw drivers, screw spanners. And hammer),

(i)      Driving instruction manual,

(j)     Benches and tables for trainees and work bench,

(k)    [xxxx]

(l)      [xxxx]

(m)  A (collection of)  books on automobile mechanism, driving, road safety, traffic regulations, laws relating to motor vehicles and related subjecs.

(n)   A fully equipped first aid box for use in emergency at the premises;

(vii)             The applicant or any member of the staff employed by him for imparting instructions possess the following qualifications, namely,- 

(a)    A minimum educational qualification of a pass in the  10^th standard,

(b)   A minimum driving experience of 5 years in addition to a certificate in a coursed in motor mechanics or any other higher qualification in mechanical engineering from an institution established by Central or State Government or from an institution recognized by the Board of Technical Education of a State Government,

(c)    Thorough knowledge of traffic sighs 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 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  sub-rule (3), grant or  renew the license in form II.
(5) No application for license 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.

         

Central Motor Vehicle Rules, 1989 - CHAPTER II - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 22 and Rule 23

Endorsement in driving license

22. Endorsement by courts,-  A court convicting and holder of a license, for any one of the offenses specified hereunder, shall endorse or cause to be endorsed in the driving license, the particulars of such conviction, namely,-

                (a) Driving without a license, or without a license which is effective, or without a license  

                    applicable to the vehicle driven(section 3).

              (b) Allowing a license to be used by another person  (section 6(2).

              © 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.

   

(i)                  Refusing or failing within specified time to produce license or certificate of registration

(section 130)

              (j)Falling to stop vehicle as required under section 132.

             (k)  Obtaining or applying for a license 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)

            (0)Driving when mentally of physically unfit to drive (section 186)

            (p) Abetment of an  offense punishable under section 183 or 186.

        (q)  Abetment of an offense specified in section 188.

        ®   Taking part in unauthorized 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 license or using an altered lcense.

        (v) An offense punishable with imprisonment in the commission  of which a motor vehicle was used.

State Registger

23. State Register of driving license,- (1) Each state Government shall  maintain a State Register of driving license in respect of driving licenses issued and renewed by the licensing authorities in State in from  10.

  (2) Each State Government shall  sent to  the Director of Transport (Transport Research), Ministry of Surface Transport, New Delhi, a printed copy of the register referred to in sub-rule (1).

Central Motor Vehicle Rules, 1989 - CHAPTER II - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 19, Rule 20 and Rule 21

19. Refund of fee,- Where the licensing authority rejects an application for the renewal of a driving license under sub-section (5) of section 15, it shall refund half the fee paid for such renewal  to the applicant on application made by him in that behalf not later than thirty days from the date of receipt of the  order rejecting the application.

20. Driving license to drive motor vehicle belonging to the Defense Department,-  The authorities for the purpose of sub-section (1) of section 18 shall be –

   (i) al 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 officers-commanding o f Units of Air Force of and above the rank of  Squadron  leader.

Disqualification

21. Power of licensing authority to disqualify,- For the purpose of clauses (f) of sub-section Z(1) of section 19, the commission of the following acts by a holder of a driving license 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) Driver while driving a transport vehicle, engages 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 limits.

                (10)Carrying persons in goods carriage, either inside the drivers cabin in excess of its capacity or

                      on the vehicle, whether for hire or reward.

                (11) Failing to comply with the provisions of section 134.

                (12) Failure to stop when signaled to do so by any person authorized to do so.

                (13) Misbehavior with and showing discourtesy to passengers, intending passengers of

                       consigners of goods

                (14) Smoking  while driving public service vehicle.

                (15) Abandoning the 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 of 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 unruly delaying any journey and not proceeding to the destination as near as

                       may be in accordance with the time table pertaining to the vehicle, upon demand or signal

                       of any person desiring to alight from the vehicle  and unless there is no room in  the vehicle,

                       upon demand or signal by any person desiring to becoming a passenger

                (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 a offer is made.

                (23) The driver of a motor cab demanding or extracting any fare in excess of that to which he is

                       legally entitled or refusing to ply motor cab.

                (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 passenger or other users of such places.

                (25) Using mobile phone while driving a vehicle