Showing posts with label driving schools. Show all posts
Showing posts with label driving schools. Show all posts

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 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 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  10th 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.