R.T.Office, Kerala

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;

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;

(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;

(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.

Motor Vehicles Act, 1988 CHAPTER V CONTROL OF TRANSPORT VEHICLES sections 73 to 75 - Kerala R.T.O

73. Application for contract carriage permit, - An application for a permit in respect of a contract carriage (in this Chapter referred to as a contract carriage permit) shall contain the following particulars, namely,-

(a) the type and seating capacity of the vehicle;

(b) the area for which the permit is required;

74. Grant of contract carriage permit, - (1) Subject to the provisions of sub-section (3), a Regional Transport Authority may, on an application made to it under section 73, grant a contract carriage permit in accordance with the application or with such modification as it deems fit or refuse to grant such permit:

Provided that no such permit shall be granted in respect of any area not specified in the application.

(2) The Regional Transport Authority, if it decides to grant a contract carriage permit, may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely,-

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

(ii) that except in accordance with specified conditions, no contract of hiring, other than an

extension or modification of a subsisting contract, may be entered into outside the

specified area;

(iii) the maximum number of passengers and the maximum weight of luggage that may be

carried on the vehicle, either generally or on specified occasions or at specified times and

seasons;

(iv) the conditions subject to which goods may be carried in any contract carriage in addition

to, or to the exclusion of passengers;

(v) that in the case of motor cabs, specified fares or rates of fares shall be charged and a copy of

the fare table shall be exhibited on the vehicle;

(vi) that in the case of vehicles other than motor cabs, specified rates of hiring not exceeding

specified maximum shall be charged;

(vii) that in the case of new vehicles other than motor cabs, a specified weight of passengers’

luggage shall be carried without charge, if any, for any luggage in excess thereof shall be at a

specified rate;

(viii) that in the case of motor cabs, a taximeter shall be fitted and maintained in proper working

order, if prescribed;

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

(a) vary the conditions of the permit;

(b) attach to the permit further conditions;

(x) that the conditions of permit shall not departed from save with the approval of the Regional

Transport Authority;

(xi) that specified standards of comfort and cleanliness shall be maintained in the vehicle;

(xii) that, except in circumstances of exceptional nature, the plying of the vehicle or carrying of the

passengers shall not be refused;

(xiii) any other conditions which may be prescribed.

(3)(a) The State Government shall, if so directed by the Central Government, having regard to the number of vehicles, road conditions and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of contract carriages generally or of any specified type, as may be fixed and specified in the notification, operating on city routes in towns with a population of not less than five lakhs;

(b) Where the number of contract carriages are fixed under clause(a), the Regional Transport Authority shall, in considering an application for the grant of permit in respect of any such contract carriage, have regard to the following matters, namely,-

(i) financial stability of the applicant;

(ii) satisfactory performance as a contract carriage operator including payment of tax, if the

applicant is or has been an operator of contract carriages; and

(iii) such other conditions as may be prescribed by the State Government:

Provided that, other conditions being equal, preference shall be given to applications for permit from-

(i) the India Tourism Development Corporation;

(ii) State Tourism Development Corporation;

(iii) State Tourism Departments;

(iv) State Transport Undertakings;

(v) Co-operative societies registered or deemed to have been registered under any enactment for

the time being in force;

(vi) Ex-servicemen.

75. Scheme for renting of motor cabs, - (1) The Central Government may, by notification in the Official Gazette, make a scheme for the purpose of regulating the business of renting of motor cabs or motor cycles to persons desiring to drive either by themselves of through drivers, motor cabs or motor cycles for their own use and for matters connected with that.

(2) A scheme made under sub-section (1) may provide for all or any of the following matters, namely,-

(a) licensing of operators under the scheme including grant, renewal and revocation of such

licenses;

(b) form of application and form of license and the particulars to be contained therein;

(d) the authorities to which the application shall be made;

(e) the conditions subject to which the licenses may be granted, renewed or revoked;

(f) appeals against orders of refusal to grant or renew such licenses and appeals against orders

revoking such licenses;

(g) conditions subject to which motor cabs may be rented;

(h) maintenance or records and inspection of such records;

(i) such other matters as may be necessary to carry out the purpose of this section.

MOTOR VEHICLE ACT, 1988, CHAPTER V, Sections 71 to 72 - CONTROL OF TRANSPORT VEHICLES- KERALA RTO

71. Procedure of Regional Transport Authority in considering application for stage carriage permit,- (1) A Regional Transport Authority shall, while considering an application for a stage carriage permit, have regard to the objects of this Act.

(2) A Regional Transport Authority shall refuse to grant a stage carriage permit if it appears from any time table furnished that the provisions of this Act relating to the speed at which vehicles may be driven are likely to be contravened:

Provided that before such refusal, an opportunity shall be given to the applicant to amend the time table so as to confirm with the said provisions.

(3) (a) The State Government shall, if so directed by the Central Government having regard to the

number of vehicles, road conditions and other relevant matters, by notification in the Official

Gazette direct a State Transport Authority and a Regional Transport Authority to limit the

number of stage carriages generally or of any specified type, as may be fixed and specified in

the notification, operating on city routes in towns with a population of not less than five lakhs.

(b) where the number of stage carriages are fixed under clause (a), the Government of the State

shall reserve in the State certain percentage of stage carriage permits for the scheduled castes

and the scheduled tribes in the same ratio as the case of appointments made by direct

recruitment to public services in the State.

shall receive such number of permits for scheduled castes and scheduled tribes as may be fixed

by the State Government under sub-clause (b).

(d) After reserving such number of permits as is referred to in clause ©, the Regional Transport

Authority shall in considering an application have regard to the following matters, namely,-

(i) financial stability of the applicant;

(ii) satisfactory performance as a stage carriage operator including payment of tax if the applicant is or has been an operator of stage carriage service; and

(iii) such other matters as may be prescribed by the State Government:

Provided that, other conditions being equal, preference shall be given to application for permits from-

(i) State transport undertakings;

(ii) Co-operative societies registered or deemed to have been registered under any enactment for the time being in force;

(iii) Ex-servicemen , or

(iv) Any other class or category of persons, as the State Government may, for reasons to be recorded in writing, consider necessary

72. Grant of stage carriage permit,- (1) Subject to the provisions of section 71, a Regional Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant the permit:

Provided that no such permit shall be granted in respect of any route or area not specified in the application.

(2) The Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules made under this Act, attach to the permit any one or more of the following conditions namely,-

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

(ii) that the operation of the stage carriage shall be commenced with effect from a specified date;

(iii) the minimum and maximum number of daily trips to be provided in relation to any route or

area generally or on specified days and occasions;

(iv) that copies of time table of the stage carriage approved by the Regional Transport Authority

shall be exhibited on the vehicles and at specified stands and halts on the route or within the

area;

(v) that the stage carriage shall be operated within such margins of deviation from the approved

time table as the Regional Transport Authority may from time to time specify;

(vi) that within municipal limits and such other areas and places as may be prescribed, passengers

or goods shall not be taken up or set down except at specified points;

(vii) the maximum number of passengers and the maximum weight of luggage that may be carried

on the stage carriage either generally or on specified occasions or at specified times and

seasons;

(viii) the weight and nature of passengers’ luggage that shall be carried free of charge, the total

weight of luggage that may be carried in relation to each passenger, and the arrangements

that shall be made for the carriage of luggage without causing inconvenience to passengers;

(ix) the rate of charge that may be levied for passengers’ luggage in excess of the free allowance;

that vehicles of a specified type fitted with body conforming to approved specifications shall be

used;

(x) that vehicle of a specified type fitted with body conforming to approved specifications shall be

used;

Provided that the attachment of this condition to a permit shall not prevent the continued

use, for a period of two years from the date of publication of the approved specifications, of

any vehicle operating on that date;

(xi) that specified standards of comfort and cleanliness shall be maintained in the vehicles;

(xii) the conditions subject to which goods may be carried in the stage carriage in addition to or to

the exclusion of passengers;

(xiii) that fares shall be charged in accordance with the approved fare table;

(xiv) that a copy of, or extract from, the fare table approved by the Regional Transport Authority and

particulars of any special fares or rate of fares so approved for particular occasions shall be

exhibited on the stage carriage and at specified stands and halts;

(xv) that tickets bearing specified particulars shall be issued to passengers and shall show the fares

actually charged and that records of tickets issued shall be exhibited on the stage carriage and

at specified stands and halts;

(xvi) that mails shall be carried on the vehicle subject to such conditions (including conditions as to

the time in which mails are to be carried and the charges which may be levied) as may be

specified;

(xvii) the vehicles to be kept as reserve by the holder of the permit to maintain the operation and to

provide for special occasions;

(xviii) the conditions subject to which the vehicle may be used as contract carriage;

(xix) that specified arrangements shall be made for the housing, maintenance and repair of vehicle;

(xx) that any specified bus station or shelter maintained by Government or a local authority shall be

used and that any specified rent or fee shall be paid for such use;

(xxi) that the conditions of the permit shall not be departed from, save with the approval of the

Regional Transport Authority;

(xxii) that the Regional Transport Authority may, after giving notice to less than one month-

(a) vary the conditions of a permit;

(b) attach to the permit further conditions:

Provided that the conditions specified in pursuance of clause (a) shall not be varied so as to alter the distance covered by the original route by more than 84 kilometers, and any variation within such limits shall be made only after the Regional Transport Authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any pat thereof;

(xxiii) that the holder of a permit shall furnish to the Regional Transport Authority such periodical

returns, statistics and other information as the State Government may from time to time

prescribe; any other conditions which may be prescribed.

MOTOR VEHICLE ACT, 1988, CHAPTER V, Sections 68 to 70 - CONTROL OF TRANSPORT VEHICLES- KERALA RTO

68. Transport Authorities,- (1) The State Government shall, by notification in Official Gazette, constitute for the State a State Transport Authority to exercise and discharge the powers and functions specified in sub-section (3), and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas ( in this Chapter referred to as regions) as may be specified in the notification in respect of each Regional Transport Authority, the powers and functions conferred by or under this Chapter on such Authorities:

Provided that in the Union territories, the Administrator may abstain from constituting any Regional Transport Authority.

(2) A State Transport Authority or a Regional Transport Authority shall consist of a Chairman who has had judicial experience or experience as an appellate or a revisional or as an adjudication authority competent to pass any order or take any decision under any law and in the case of a State Transport Authority, Such other persons ( whether officials or not), not being more than four and, in the case of a Regional Transport Authority, such other persons (whether officials or not), not being more than two, as the State Government may think fit to appointment; but no person who has any financial interest whether as proprietor, employee or otherwise in any transport undertaking shall be appointed, or continue to be, a member of State or Regional Transport Authority, and, if any person being a member of any such authority acquires a financial interest in any transport undertaking, he shall within four weeks of so doing, give notice in writing to the State Government of the acquisition of such interest and shall vacate office.

Provided that nothing in this sub-section shall prevent any of the members of the State Transport Authority or a Regional Transport Authority, as the case may be, to preside over a meeting of such Authority during the absence of the Chairman, notwithstanding that such member does not posses judicial experience or experience as an appellate or revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law:

Provided further that the State Government may

(i) where it considers necessary or expedient so to do, constitute the State Transport Authority of a

Regional Transport Authority for any region so as to consist of only one member who shall be an

official with judicial experience as appellate or revisionary authority or as an adjudicating

authority competent to pass any order or take any decision under any law;

(ii) by rules made in this behalf, provide for the transaction of business of such authorities in the

absence of the Chairman or any other member and specify the circumstances under which, and

the manner in which, such business could be transacted:

Provided also that nothing in this sub-section shall be construed as debarring an official (other than an official connected directly with management or operation of a transport undertaking) from being appointed or continuing as a member of any such authority merely by reason of the fact that the Government employing the official has, or acquired, any financial interest in a transport undertaking.

(3) The State Transport Authority and every Regional Transport Authority shall give effect to any directions issued under section 67 and the State Transport Authority and the State Transport Authority shall, subject to such directions and save as otherwise provided by or under this Act, exercise end discharge throughout the State the following powers and functions namely,

(a) to co-ordinate and regulate the activities of the Regional Transport Authorities, if any, of the State;

(b) to perform the duties of a Regional Transport Authority where there is n such Authority and, if it

thinks fit or if so required by a Regional Transport Authority, to perform those duties in respect of

any route common to two or more regions;

Transport Authorities;

(ca) Government to formulate routes to plying stage carriages; and

(d) to discharge such other functions as may be prescribed.

(4) For the purpose of exercising and discharging the powers and functions specified in sub-section (3), a State Transport Authority may, subject to such conditions as may be prescribed, issue directions to any Regional Transport Authority, and the Regional Transport Authority shall, in the discharge of its functions under this Act, give effect to and be guided by such directions.

(5) The State Transport Authority and any Regional Transport Authority, of authorised in this behalf by rules made under section 96, may delegate such of its powers and functions to such authority or person subject to such restrictions limitations and conditions as may be prescribed by the said rules.

69. General provisions to application for permits, - (1) Every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles:

Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles:

Provided further that if it is proposed to use the vehicle or vehicles in two or more regions lying in different States the application shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal place of business.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette, direct that in the case of any vehicle or vehicles proposed to be used in two or more regions lying in different States, the application under that sub-section shall be made to the State Transport Authority of the regions in which the applicant resides or has his principal place of business.

70. Application for stage carriage permit, - (1) An application for a permit in respect of a stage carriage (in this Chapter referred to as stage carriage permit) or as a reserve stage carriage shall, as far as may be, contain the following particulars, namely,-

(a) the route or routes or the area or areas to which the application relates;

(b) the type and seating capacity of each such vehicle;

Explanation: - For the purpose of this section, section 72, section 80 and section 102, “trip” means a single journey form one point to another, and every return journey shall be deemed to be a separate trip.

(d) the number of vehicles intended to be kept in reserve to maintain the service and to provide for special occasions;

(e) the arrangements intended to be made for the housing, maintenance and repair of the vehicles, for the comfort and convenience of passengers and for storage and safe custody of luggage;

(f) such other matters as may be prescribed.

(2) An application referred to in sub-section (1) shall be accompanied by such documents as may be prescribed.

Motor Vehicles Act, 1988 CHAPTER V CONTROL OF TRANSPORT VEHICLES sections 66 to 67 - Kerala R.T.O

66. Necessity for permits,- (1) No owner of a motor vehicle shall use or permit the use of the vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority, authorizing him the use of the vehicle in the manner in which the vehicle is being used:

Provided that a stage carriage permit shall, subject to any conditions that may be prescribed in the permit, authorise the use of vehicle as a contract carriage:

Provided further that a stage carriage permit may, subject to any condition that may be specified in the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not:

Provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the holder to use the vehicle for the carriage of goods for or carriage for or in connection with a trade or business carried on by him.

(2) The holder of a goods carriage permit may use the vehicle, for the drawing of any trailer or semi-trailer not owned by him, subject to such conditions as may be prescribed:

Provided that the holder of a permit of any articulated vehicle may use the prime-mover of that articulated vehicle for any other semi-trailer.

(3) The provisions of sub-section (1) shall not apply-

(a) to any transport vehicle owned by the Central Government of a State Government and used

for Government purposes unconnected with any commercial enterprise;

(b) to any transport vehicle owned by a local authority or by a person acting under contract with

a local authority and used solely for road cleaning, road watering or conservancy purpose;

(d) to any transport vehicle used solely for the conveyance of corpses and the mourners

accompanying the corpses;

(e) to any transport vehicle used for towing a disabled vehicle or for removing goods from a

disabled vehicle to a place of safety;

(f) to any transport vehicle used for any other public purpose as may be prescribed by the State

Government in this behalf;

(g) to any transport vehicle used by a person who manufactures or deals in motor vehicles or

builds bodies for attachment to chassis, solely for such purpose and in accordance with such

conditions as the Central Government may, by notification in Official Gazette, specify in this

behalf;

(h) deleted;

(i) to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms;

(j) subject to such conditions as the Central Government may, by notification in the Official

Gazette, specify, to any transport vehicle purchased in one State and proceeding to a place,

situated in that State or any other State, without carrying any passengers or goods;

(k) to any transport vehicle which has been temporarily registered under section 43 while

proceeding empty to any place for the purpose of registration of the vehicle;

(l) deleted;

(m) to any transport vehicle which, owing to flood, earthquake or any other natural calamity,

obstruction on road, or unforeseen circumstances, is required to be diverted through any

other route, whether within or outside the State, with a view to enabling it to reach its

destination;

(n) to any transport vehicle used for such purpose as the Central or State Government may, by

order, specify;

(o) to any transport vehicle which is subject to a hire purchase, or lease or hypothecation

agreement and which owing to default of owner has been taken possession of by or on behalf

of the person with whom the owner has entered into such agreement, to enable such motor

vehicle to reach its designation, or

(m) to any transport vehicle while proceeding empty to any place for purpose of repair.

(4) Subject to the provisions of sub-section (3), sub-section (1) shall, if the State Government by rule made under section 96 so prescribes, apply to any motor vehicle adapted to carry more than nine persons excluding the driver.

67. Power to State Government to control road transport, - (1) A State Government, having regard to-

(a) the advantages offered to the public, trade and industry by the development of motor transport,

(b) the desirability of co-ordinating road and rail transport,

(d) the desirability of preventing uneconomic competition among holders of permits,

may, form time to time, by notification in the Official Gazette, issue directions both to State Transport Authority and Regional Transport Authority-

(i) regarding the fixing of fares and freights (including) the maximum and minimum in respect

thereof) for stage carriages, contract carriages and goods carriages:

(ii) regarding the prohibition or restriction, subject to such conditions as may be specified in the

directions, of the conveying of long distance goods traffic generally, or of specified classes of

goods by goods carriages;

(iii)regarding any other matter which may appear to the State Government necessary or

expedient for giving effect to any agreement entered into with the Central Government or

any other State Government or the Government of any other country relating to the

regulation of motor transport generally, and in particular to its co-ordination with other

means of transport and conveying of long distance goods traffic:

Provided that no such notification in respect of the matters referred to in clause (ii) or clause (iii) shall be issued unless a draft of the proposed directions is published in the Official Gazette specifying therein a date being not less than one month after such publication, on or after which the draft will be taken into consideration and any objection or suggestion which may be received has, in consultation with the State Transport Authority, been considered after giving the representatives of the interests affected an opportunity of being heard.

(2) Any direction under sub-section (1) regarding the fixing of fares and freights for stage carriages, contract carriages and goods carriages may provide that such fares or freights shall be inclusive of the tax payable by the passengers or the consignors of the goods, as the case may be, to the operators of the stage carriages, contract carriages or goods carriages under any law for the time being in force relating to tax on passenger and goods.