LICENSING OF DRIVERS OF MOTOR VEHICLES IN HARYANA

Licensing Authority in Haryana[Section28(2)(a)].

(1)According to Section28(2)(a) Each of the Sub-Divisional Officer (Civil) shall be the licensing authority for Motor Cycles, and for all light motor vehicles. Each of Secretary, Regional Transport Authorities in the States shall be the licensing authority for Medium Goods Vehicles, Medium Passenger Motor Vehicles, Heavy Goods Vehicles, and Heavy Passenger Motor Vehicles for the area for which he is appointed as such, to issue licenses under Chapter II or as Chapter III of the Act as the case may be, and includes such other officer who is appointed in this behalf by a separate.
(2) The area of jurisdiction of each licensing authority shall be the area of the district/districts for which he is appointed as such, or such other area as may be specified by the Government in this behalf.

Procedure for Processing Application for Driving License [Section 28].

In Haryana receipt of an application for the grant of a learner's license or driving license, as the case may be, in terms of the provisions of Section 8 or Section 9, the licensing authority shall process the application for the grant of a license under the provisions of the Act.

Licensing Authority to Conduct the Test [Section 28].

(1) If the application for the grant of a license is found in order under Rule 4, the test for a learner's license specified in Rule 11 and for a driving license specified in Rule 15 of the Central Rules shall be conducted by the licensing authority.
(2) For the purpose of the test in terms of sub-rule (1), the applicant shall produce himself at such time and place as may be specified by the licensing authority and bring with him a serviceable vehicle of the class to which the application belongs for testing purposes.

Photograph to be Signed by Licensing Authority [Section 28].

(1) The photograph of the holder of the license, when affixed to the license, shall be sealed with the seal of the licensing authority in such a manner that a part of the impression of the seal is upon the photograph and part on the margin.
(2) If at any time it appears to the licensing authority that the photograph affixed to a license has ceased to be a clear likeness of the holder, the licensing authority may require the holder to surrender the license forthwith and to furnish two clear copies of a recent photograph of himself. The holder shall, within such time as the licensing authority may specify, appear in person before the licensing authority and present the photograph accordingly.
(3) Upon receipt of the copies of the photograph in terms of the provisions of sub-rule (2), the licensing authority shall remove the old photograph from the license, affix the seal thereon to one copy of the new photograph, and return the license to the holder. If he is not the licensing authority by whom the license was issued, he shall forward the second copy of the photograph to that authority. Provided that if the holder of the license so desires, the licensing authority shall issue a duplicate license with the new photograph affixed thereto and shall destroy the original license.
(4) When a new photograph is affixed to a license, a note shall be made upon the photograph of the date of affixture.
(5) The fee for a duplicate license issued under the provisions of sub-rule (3) shall be rupees ten.

Appellate Authority in Haryana[Sections 17, 19 and 28].

The appellate authority for the purposes of sub-section (2) of Section 17 and sub-section (3) of Section 19 shall be the Transport Commissioner, or Additional Transport Commissioner, Additional State Transport Controller, or Joint Transport Controller, as the case may be.

Conduct and Hearing of Appeals in Haryana[Section 28 (2) (b)].

(1) An appeal under sub-section (2) of Section 17 or sub-section (3) of Section 19 shall be preferred in duplicate in the form of a memorandum, one copy of which shall bear a cash receipt of a treasury challan under head "0041-Taxes on Vehicles-800-Other Receipts" of rupees ten, setting forth concisely the grounds of objection to the order of the licensing authority and shall be accompanied by a certified copy of the order appealed against.
(2) When an appeal is preferred under sub-rule (1), a notice shall be issued by an appellate authority to the licensing authority concerned in such form as the appellate authority may specify. (3) The appellate authority, after giving an opportunity to the parties to be heard and after such further enquiry, if any, as may be necessary, may confirm, vary, or set aside the order against which the appeal is preferred and shall make an order accordingly.
(4) Any person preferring an appeal under sub-rule (1) may obtain a copy of any document filed with the licensing authority in connection with the orders appealed against on payment of a fee at the rate of rupees two per page.
(5) Any person preferring an appeal under sub-rule (1) shall be entitled to inspect the file of the appellate authority by making an application bearing a cash receipt or a treasury challan under head "0741-Taxes on Vehicles-800-Other Receipts", or --
(a) In respect of urgent inspection, rupees ten; and
(b) In respect of ordinary inspection, rupees five.
(6) A copy of the order made by the appellate authority in appeal may be obtained on payment of a fee at the rate of rupees two per page.

Authority for Making Appointment of Medical Officer [Sections 8(3) and 28(2)(e)].

(1) The Chairman of the State Transport Authority, in consultation with the Chief Medical Officer of the district concerned, shall be the authorized person to appoint a Medical Officer of each Government hospital/dispensary or of a Primary Health Centre, or registered medical practitioner having Bachelor of Medicine and Bachelor of Surgery (M.B.B.S.) degree or a Doctor attached to the Establishment of Army and other defense services located in the State for the purposes of sub-section (3) of Section 8.
(2) The fee payable for the issue of a medical certificate under sub-section (3) of Section 8 shall be rupees fifteen and shall be deposited under the appropriate head of account of the Department of Health and Family Welfare of the Government of Haryana where the examination is conducted.

Licenses Lost or Destroyed in Haryana[Section 28(2)(c)].

(1) If at any time the license is lost by the holder or is destroyed, the holder thereof shall forthwith intimate the facts in Form HR No. 1 or in a letter setting out the particulars required by Form HR No. 1 to the licensing authority in whose area he has his place of residence.
(2) Upon the receipt of intimation under sub-rule (1), the licensing authority shall, if it is not the licensing authority by whom the license was issued, apply to that licensing authority for particulars of the license and after making such enquiries as it thinks fit, shall, if it is satisfied that a duplicate may properly be issued, issue a duplicate license.
(3) Where a photograph has become obsolete, the holder of the license shall furnish the licensing authority with two clear copies of a recent photograph of himself, one of which shall be affixed to the duplicate license and the second one be kept in record.
(4) The fee for a duplicate license to be issued under this rule shall be rupees twenty-five. Provided that if the license is lost while in the custody of a Court or an authority to which it has been submitted or surrendered in pursuance of the provisions of the Act or these rules, a duplicate copy shall be issued free of charge.
(5) When a duplicate license has been issued upon a representation that a license has been lost and the original license is afterwards found by the holder, he shall deliver the original license forthwith to the licensing authority, but the fees so paid for the issue of duplicate license shall not be refundable.
(6) Any person finding a driving license shall deliver it to the holder of the license or to the nearest police station.

Mutilated License in Haryana[Section 28(2)(c)].

(1) If at any time it appears to a licensing authority that a license held by any person is so torn or defaced that it has ceased to be reasonably legible or that any important part of the original license has been detached or is missing or that any unauthorized alterations have been made, the licensing authority may impound the license and issue a duplicate license.
(2) If any of the entries are illegible or are missing or it appears that they have been detached or altered without authority, the licensing authority shall, if it is not the licensing authority by whom the license was issued, apply to that authority for particulars of the license and after making such enquiries as it thinks fit, shall, if it is satisfied that a duplicate may properly be issued, issue a duplicate license.
(3) If a license impounded under this rule is required to have a photograph of the holder affixed thereto, the --
(a) If the photograph on the impounded license is, in the opinion of the licensing authority, satisfactory and conveniently transferable to the duplicate license, the licensing authority may, so transfer, affix and seal the photograph to the duplicate license; and
(b) If the photograph affixed to the license impounded is not, in the opinion of the licensing authority, such as can be transferred to the duplicate license, the holder of the license shall, on the demand of the licensing authority, furnish two clear copies of a recent photograph of himself, one of which shall be affixed to the duplicate license and sealed.
(4) The fee for a duplicate license issued under this rule shall be rupees ten.

Issue of Duplicate License in Haryana[Section 98(2)(c)].

When a duplicate license is issued, it shall be clearly stamped "DUPLICATE" in red ink and shall be marked with the date of issue of the duplicate and the seal of the licensing authority.

Temporary Authorization in Lieu of License [Section 28(2)(c) and Section 206].

(1) When the holder of a license has surrendered it to a licensing authority for renewal or obtaining an addition to drive a public service vehicle under Section 11 or for any other purpose under the Act or these rules and has deposited the fee as specified under Rule 32 of the Central Rules for this purpose and the license so surrendered has not been suspended or cancelled, the licensing authority or other authority to whom the license has been surrendered shall furnish him with a receipt for the license in Form HR No. 2 or in Form HR No. 3, and during the period specified in the receipts so furnished, it may be produced in place of the license under Section 130 and under sub-section (3) of Section 206.
(2) The licensing authority, a police officer, or any other person authorized by the Government may extend the term of the receipt issued under sub-rule (1) by an order endorsed thereon.
(3) No fee shall be payable in respect of a receipt given under this rule.

Communication of Particulars of License [Section 28(2)(g)].

(1) In Haryana licensing authority taking possession of a license under Section 19 shall, if the license was issued under the Act and was granted by another licensing authority, intimate that fact to the authority by whom the license was issued.
(2) The particulars of the persons disqualified from holding or obtaining a driving license and the particulars of persons convicted under Section 182 shall be published in the Official Gazette and entry to that effect shall be made in the State Register of driving licenses maintained under Section 26.

Intimation to Original Licensing Authority of Endorsements & Renewals [Section 28(2)(g)].

(1) The Court or authority making or causing to be made an endorsement on a license regarding disqualification under Section 24 shall send intimation thereof in Form HR No. 4 to the licensing authority by whom the license was issued.
(2) A licensing authority renewing a license under the provisions of sub-section (6) of Section 15 shall intimate in Form HR No. 5 the fact of renewal to the licensing authority by whom the license so renewed was issued.
(3) A licensing authority adding to the classes of vehicles under which a license authorizes the holder to drive vehicles under sub-section (3) of Section 6 shall, if it is not the authority by whom the license was issued, intimate the addition so made to that authority in Form HR No. 6.

Change of Address [Section 28(2)(g)].

(1) The holder of a license entitling him to drive as a paid employee or to drive a public service vehicle, shall, except in the case of a temporary absence not involving a change of residence for a period exceeding three months, report any change of his temporary or permanent address as given on the license to the licensing authority by whom the license was issued and to the licensing authority by whom it was last renewed.

Exemption from the Payment of Fees [Section 28(2)(f)].

(1) In Haryana, Fees specified under Rule 32 of the Central Rules shall not be charged from a person, if he is or has been serving in any army unit abroad or in the field area of the defense services of the Union whether employed on driving motor vehicles or otherwise; provided that such a person shall also be eligible for the aforesaid exemption if he makes an application for the grant or renewal of a license within three months of his return from the service abroad or from the field area.
(2) Ex-Military drivers other than commissioned officers and junior commissioned officers shall be eligible for grant of a driving license without payment of any fee specified for the purpose under Rule 32 of the Central Rules.

Driver's Badge [Section 28(2)(d)].

(1) The driver of a stage carriage or a contract carriage shall display on his left breast a metal badge in the form specified in the First Schedule to these rules issued to him by the concerned licensing authority and inscribed with the name of the authority by which an authorization to drive a stage carriage or a contract carriage has been granted and the word, "DRIVER" together with an identification number; provided that a driver shall not hold more than one badge.
(2) The fee for the issue of a badge under sub-rule (1) shall be rupees ten and if the badge is lost or destroyed, a duplicate badge shall be issued by the authority by which it was issued on payment of rupees ten.
(3) No driver shall lend or transfer the badge issued to him under sub-rule (1) to any other person and no driver shall wear a badge other than one issued to him by the licensing authority.
(4) Any person finding a driver's badge shall, unless he returns the same to the holder, forthwith surrender it to the licensing authority by which it was issued or to a police officer of the nearest police station.
(5) If at any time the authorization on a driver's license entitling him to drive a stage carriage or a contract carriage is suspended or revoked by any licensing authority or by any Court or ceases to be valid by the efflux of time, the driver shall surrender the badge to the authority by which it was issued within seven days from the date of suspension or revocation or from the date of expiry of the license, as the case may be.

Duties, Functions and Conduct of Drivers of Transport Vehicles in Haryana[Section 28(2)(h)].

Driver of a transport vehicle shall:
(i) Be responsible for the due observance of the provisions of the Act and of these rules and conditions of the permit relating to the vehicle.
(ii) Not smoke in or on a vehicle during a journey or when it has passengers on board.
(iii) Behave in a civil and orderly manner to passengers on board.
(iv) Be cleanly dressed in such a manner as the State Transport Authority may specify.
(v) Maintain the vehicle in a clean and sanitary condition.
(vi) Not interfere with persons mounting or preparing to mount upon any other vehicle.
(vii) Not allow any person to be carried in any public service vehicle in excess of the seating capacity specified in the certificate of registration of the vehicle and any additional number permitted under the terms of the permit to be carried standing in the vehicle.
(viii) Not willfully deceive or refuse to inform any passenger or intending passenger as to the destination or route of the vehicle.
(ix) Not, save for good and sufficient reasons, refuse to carry any person tendering the legal fare.
(x) Take all reasonable precautions to ensure that passengers are not endangered or unduly inconvenienced by the presence of goods where goods are carried on the vehicle in addition to passengers.
(xi) Not, save for good and sufficient reasons, require any person who has paid the legal fare to alight from the vehicle before the conclusion of the journey.
(xii) Not loiter or unduly delay upon any journey but shall proceed to his destination as near as may be in accordance with the timetable pertaining to the vehicle or where there is no such timetable with all reasonable dispatch.
(xiii) Arrange to convey the passengers to their destination on some other similar vehicle in the event of a stage carriage being unable to proceed to its destination on account of mechanical breakdown or other cause beyond his control.
(xiv) Not, in the case of a stage carriage, cause or allow anything to be placed in the vehicle in such a manner as to obstruct the entry or exit of passengers.
(xv) Take due care for the safe carriage of luggage belonging to the passengers.
(xvi) Take all reasonable precautions to ensure that safety of passengers in or on entering or alighting from the vehicle.
(xvii) Not, when the vehicle is in motion, distract his attention without reasonable cause or speak to any person unless it is absolutely necessary to do so.
(xviii) Take all reasonable precautions to ensure that all means provided for indicating the route, fares, and destination of the vehicle are clearly and correctly displayed in or on the vehicle.
(xix) Follow the signaling devices provided for starting and stopping the vehicle.
(xx) Not come on duty under the influence of any intoxicant.
(xxi) Not allow any passenger or some other person such as a vendor, hawker or seller, to beg, sell or offer any article for sale in or on the vehicle.
(xxii) Embark/disembark passengers at every prescribed stage in accordance with the timetable of the route mentioned in the permit.
(xxiii) Not halt the vehicle at any point other than the approved stage.
(xxiv) Take the vehicle to the Bus Stand.
(xxv) Carry a spare wheel and necessary tools.

Driver Not to Allow to Travel Certain Persons [Section 28(2)(a)].

(1) No driver shall cause or allow to enter into or be placed or carried in the vehicle any person who he knows or has reason to believe to have been suffering from any infectious or contagious disease or the corpse of any person whom he knows or has reason to believe to have been suffering from any such disease.
(2) Notwithstanding the provisions of sub-rule (1), the drivers may, upon a request in writing, by Government Medical Officer, allow a person suffering from an infectious or contagious disease to be carried in a transport vehicle; provided that no other person save a person or persons, in attendance on the sick person shall be carried in the transport vehicle at the same time.
(3) When a person suffering from any infectious or contagious disease or the corpse of any such person has been carried in a transport vehicle, the driver of the vehicle shall be responsible to report that fact to a Government Medical Officer of the area concerned and to the owner of the vehicle, and neither the owner nor the driver shall cause or allow any person to use the vehicle until the driver and the vehicle have been disinfected in such manner as the Government Medical Officer may specify and a certificate to that effect has been obtained from the Government Medical Officer.

State Register of Driving Licenses [Section 28(2)(j)].

(1) The State Register of driving licenses shall be maintained in duplicate in the office of the Transport Commissioner in Form 10 appended to the Central Rules.
(2) The State Register of driving licenses shall also be maintained in triplicate in the office of each of the licensing authorities referred to in sub-rule (1) and copy of each page of it in duplicate, shall be forwarded to the Transport Commissioner every month. Each entry on the said Register shall be attested by the licensing authority or by a person so authorized to sign by the Transport Commissioner.