HALTING OF MOTOR VEHICLES IN PUBLIC PLACESCONTROL OF STANDS IN HARYANA

Halting of Stage Carriage in Haryana[Sections 96(2)(xx)(xxii), 117, and 138(a)(2)(e)]

According to Sections 96(2)(xx)(xxii), 117, and 138(a)(2)(e) No stage carriage shall be halted in an urban area on a notified bus stop for more than five minutes consecutively for the taking up or setting down of passengers or at any time during the course of a run except at a bus stand.

(2) The Regional Transport Authority may direct that in an urban area, in any street or any road notified by him in this behalf (the notification made through public proclamation or in such other manner as the Regional Transport Authority may deem fit), no stage carriage shall take up or set down passengers except at a place appointed by him at a bus stop or at a bus stand.

(3) No stage carriage shall be halted at a bus stop for longer than it is necessary to take up such passengers as are waiting when the vehicle arrives and to set down such passengers as wish to alight.

(4) If the run of any stage carriage starts or finishes in an urban area, it shall, unless the Regional Transport Authority specially exempts the vehicles from the provisions of this rule, be begun from by or ended at a bus stand.

(5) Where a stage carriage is exempted from the provision of the preceding sub-rule, it shall be a condition of the exemption that no passengers shall be taken up or set down, as the case may be, at any point within a distance of 183 meters or such other distances as may be named in the order of exemption from the place where the stage carriage is garaged or parked at the start or finish of the run.

(6) In exempting a stage carriage from the provisions of sub-rule (4), the Regional Transport Authority may make it a condition that the first passenger shall be taken up, or the last passenger be set down, at a particular bus stop fixed for the purpose in the order of exemption.

(7) An order of exemption made under sub-rule (4) shall remain in force for a period of one year or such lesser period as the Regional Transport Authority may direct and may be cancelled or modified by him at his discretion at any time.

(8) A Regional Transport Authority may attach to a stage carriage permit a condition that when the vehicle is not in use, it shall not be halted in any public place except at a bus stand or at a parking place appointed under rule 188. Provided that the aforesaid provisions shall not apply to a stage carriage when it is being used as a contract carriage or as a vehicle for the carriage of goods without passengers; provided that a board has been affixed to the vehicle bearing the inscription "ON CONTRACT" or "CARRYING GOODS ONLY" as the case may be, provided further that the particulars of the hiring have been entered in the log book of the vehicle.

Halting of Contract Carriage in Haryana[Sections 96(2)(xxi) and 138(2)(e)]

In Haryana Regional Transport Authority may impose on the use of any contract carriage or any stage carriage when the same is being used as a contract carriage a condition that the vehicle shall not be halted for more than ten consecutive minutes in any public place in urban areas save at a parking place or, in the case of a motor cab, at a taxi stand duly appointed under rule 188.

Parking Places in Haryana[Sections 96(2)(xxi) and 138(2)(e)]

Subject to the provisions of rule 193, the Regional Transport Authority concerned in consultation with the District Magistrate, Superintendent of Police, and the local authority having jurisdiction in the area concerned, may make orders appointing parking places and stands for motor vehicles under section 117. Provided that no place which is privately owned shall be appointed as a parking place or a stand except on application by or with the written consent of the owner.

Taxi Stands [Sections 96(2)(xxii) and 138(2)(e)]

(1) At every taxi stand appointed under rule 188:

• (a) The drivers shall station their motor cabs in the stand in the order in which they arrive, the motor cab which has been waiting longest being stationed in the front position and the motor cabs being moved up as vacancies occur;
• (b) The drivers of the first two motor cabs shall stay by their vehicles ready to be hired by any person;
• (c) No motor cabs engaged for some future time shall be kept in the taxi stand unless the driver is willing to accept any intermediate hiring that may be offered; and
• (d) No disabled motor cab shall be kept in the taxi stand unless the disablement can be and is intended to be remedied forthwith.

(2) The Regional Transport Authority may, in the case of any taxi stand, relax any or all the provisions contained in sub-rule (1).

(3) Nothing in sub-rule (1) shall render it obligatory on a person wishing to hire a motor cab from a taxi stand to take the first cab or restrict his freedom to choose whichever vehicle he prefers.

Involuntary Halts [Sections 122 and 138(2)(e)]

No person shall be liable to be punished for halting a vehicle in contravention of any of the rules contained in this chapter if the stopping of the vehicle was occasioned by a mechanical defect or by other cause beyond the control of the driver or person in charge. Provided that the driver or other person in charge shall continue to be liable for contravening section 122, unless all practicable steps have been taken to dispose of the vehicle in such a way that it shall not cause danger, obstruction, or inconvenience to other users of the road.

Prohibition on the Use of Horn [Section 138(2)(i)]

Except to avoid an imminent accident, no person shall sound the horn or other audible warning device of any motor vehicle within the limits of a bus stand, parking place, or taxi stand.

Classification of Bus Stands in Haryana[Sections 96(2)(xxii) and 138(2)(e)]

(1) Bus stands shall be classed as follows:

• (a) Bus stands, being general bus stands administered directly by the State Transport Department.
• (b) Bus stands, being general bus stands administered by a Municipal Committee or other local authority either directly or through the agency of a contractor.

(2) Every order made by the Regional Transport Authority under rule 188 shall show clearly the class of stand which is allowed to be established and shall be in the respective form that in Form HR No. 46 for stand 'A' or Form HR No. 47 for stand 'B' and shall be notified by publication in one or more newspapers circulating in the district or by such other means as the Regional Transport Authority may consider appropriate. Provided that the validity of order in Form HR No. 46 shall be five years unless otherwise revoked. This order shall be renewed for every five years.

(3) The Transport Commissioner, Haryana shall from time to time fix the fees or the maximum fees payable at every stand.

Consideration Governing the Location of Stands in Haryana[Sections 96(2)(xxii) and 138(2)(e)]

In deciding whether to grant permission for the use of any place as a stand, the Regional Transport Authority shall have regard to the following matters:

• (a) The interests of the public generally and the efficient organization of the transport system;
• (b) The suitability of the site from the point of view of traffic control;
• (c) The avoidance of annoyance to persons living or having property in the locality;
• (d) The suitability of the site in relation to other stands in the same town; and
• (e) Any other consideration that may appear to be relevant.

Conditions Applicable to All Stands [Sections 96(2)(xxii) and 138(2)(e)]

(1) Every order permitting a place to be used as a stand under rule 188 shall be subject to the following conditions:

• (a) That the land and building of the stand shall at all times be kept clean and in a good state of repair;
• (b) That the stand shall be administered in a seemly and orderly manner;
• (c) That the person, transport company, transport firm, transport society, or authority permitted by the Regional Transport Authority to use the place as a stand shall take all possible precautions to ensure that no breach of the Act, of these rules is committed in respect of any vehicle entering or leaving or halting at the stand;
• (d) That a board shall be set up in a conspicuous position at the stand showing the fees payable and that the full amount of fees due from the owner and the drivers of vehicles shall be charged neither more nor less;
• (e) That weighing machines shall be maintained at the stand for determining the weight of the goods to be carried by passengers in public vehicles or in the goods carriage;
• (f) That the local authority or person authorized to administer the stand shall:
• (i) Maintain such records as the Regional Transport Authority may from time to time direct;
• (ii) Employ such staff at the stand as may be specified in the order made by the Regional Transport Authority;
• (iii) Provide waiting rooms for the largest number of passengers that may reasonably be expected to use the stand at any one time including separate accommodation for women;
• (iv) Provide suitable lavatories for both sexes;
• (v) Provide restrooms for the drivers and conductors of the vehicles regularly kept at the stand;
• (vi) Provide an adequate supply of drinking water for the passengers, drivers, and all persons likely to be employed at the stand;
• (vii) Provide covered accommodation or other form of shelter for all the vehicles regularly kept at the stand or for such percentage of those vehicles as the Regional Transport Authority may specify;
• (viii) Provide for the illumination of the stand at night;
• (ix) Provide in a separate portion of the stand facilities for washing and cleaning vehicles and for executing ordinary repairs;
• (x) Provide toilet and refreshment facilities in keeping with appropriate privacy and hygiene;
• (xi) Provide cloak-rooms containing wash basins, water taps for women passengers.

(2) With the approval of the State Transport Authority, the Regional Transport Authority may attach to the order any other condition that may seem to him to be necessary to secure the efficient administration of the stand or otherwise to be in the public interest.

Stand of Class B [Sections 96(2)(xxii) and 138(2)(e)]

(1) A local authority administering a stand of Class B shall maintain separate accounts of the income received and expenditure incurred in respect of it, and these accounts together with the accounts of any manager or contractor employed by the local authority in connection with the stand shall be subject to audit under arrangements made by the Government of Haryana and shall be open to inspection at all reasonable times by the Regional Transport Authority and any official appointed by it for this purpose.

(2) It shall be a condition of every order permitting a place to be used as a site for a stand of Class B that the whole of the profits derived from the administration of the stand after deducting such expenditure for the management, lighting, and maintenance of the stand as may be incurred with the approval of the Regional Transport Authority, together with the deductions specified in the next following sub-rules, shall be devoted by the local authority in defraying the costs of new building and improvements at the stand or providing amenities for the drivers of vehicles of waiting passengers.

(3) In determining the amount to be expended by the local authority under the preceding sub-rule on new building, improvement, and amenities, a deduction shall be made equal to:

• (a) The interest which the local authority may actually be paying on any sum borrowed by it during the preceding twenty years expended capital of its own in acquiring land or building for the stand or if the local authority has during the preceding twenty years expended capital of its own in acquiring land and buildings a sum representing interest on that capital at the current bank rate;
• (b) Any rent which may be due from the local authority to a person on account of the land and building included in the stand; and
• (c) Such an additional sum not exceeding three percent of the gross receipts from fees as may be agreed between the Regional Transport Authority and the local authority.

(4) Save with the approval of the Regional Transport Authority, the local authority administering a stand of Class B shall not entrust the management of the stand to or permit to be employed in the working of the stand, any person who has a financial interest direct or indirect in any of the vehicles likely to be kept thereat.

Disposal of Moneys Accruing to Government [Sections 96(2)(xxii) and 138(2)(e)]

Moneys accruing to the administration of stands shall be devoted, subject to the vote of the legislature, to:

• (a) The carrying out of improvements and the provision of amenities at the stand;
• (b) The acquisition of sites for stands; or
• (c) Any other object which in the opinion of the Government conduces to the welfare of persons employed in the motor transport industry and the traveling public.

Boundaries of Stands to be Demarcated in Haryana[Sections 96(2)(xxii) and 138(2)(e)]

The local authority or person entrusted with the administration of a stand shall erect and maintain to the satisfaction of the Regional Transport Authority, pillars or other marks of a permanent character clearly indicating the boundaries of the land included in the stand.

Cancellation of Order for the Establishment of Stands [Sections 96(2)(xxii) and 138(2)(e)]

(1) A Regional Transport Authority may, at any time, revoke any order made by him or any of his predecessors permitting the establishment of any stand if, in his opinion, any of the conditions on which the stand was permitted to be established have been contravened or the stand has not been satisfactorily managed or its continuance is no longer in the public interest.

(2) Before revoking any order under the preceding sub-rule, the Regional Transport Authority shall give the person authorized to administer the stand an opportunity of being heard and shall record his reasons in writing.

(3) An order permitting the establishment of a stand, unless revoked under sub-rule (1), shall remain in force for a period of three years or such lesser period as may be specified in the order and such order may be renewed from time to time by the Regional Transport Authority for a further period of not more than three years.

Control over Regional Transport Authority [Sections 96(2)(xxii) and 138(2)(e)]

(1) Any person aggrieved by an order of the Regional Transport Authority sanctioning the establishment of a stand or revoking an order permitting the establishment of a stand may within thirty days of the receipt of the order, appeal to the State Transport Authority whose order thereon shall be final and conclusive.

(2) Saving always the powers of the State Transport Authority as the authority appointed to hear appeals under sub-rule (1), the Regional Transport Authority shall, in all matters relating to the establishment of stands and the appointing of bus stops, be subject to the control of the State Transport Authority and shall comply with any particular or general instructions that may be issued by that authority.

Control of Officers over the Stands [Sections 96(2)(xxii) and 138(2)(e)]

Any officer authorized by the State Transport Authority in this behalf shall ensure that provisions of the rules contained in this Chapter are complied with by the manager maintaining stands.

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