Section 66. Necessity for permits.

What does Section 66 of the Motor Vehicles Act specify?

Section 66 mandates that no owner of a motor vehicle can use it as a transport vehicle in any public place without a permit issued by a Regional or State Transport Authority, or any prescribed authority. This applies regardless of whether the vehicle is carrying passengers or goods.

What types of permits are mentioned in Section 66?

The section 66, Motor Vehicles Act outlines various permits:

• 1. Stage Carriage Permit: Allows use as a contract carriage under specified conditions.
• 2. Goods Carriage Permit: Authorizes the vehicle for goods transport related to trade or business.
• 3. Other Permits: Permits issued for specific purposes like ambulance services, road cleaning, or towing disabled vehicles, among others.

Can a vehicle holder use the vehicle under a permit or license as per Section 66?

Yes, Section 66 allows the vehicle owner discretion to use the vehicle either under the issued permit(s) or a license, depending on the circumstances and regulatory compliance.

Are there exemptions to the permit requirement under Section 66?

Yes, several exemptions exist, including vehicles used by government entities for non-commercial purposes, vehicles used for specific public services like police or ambulance, and vehicles involved in emergency situations such as natural calamities or road obstructions.

How does Section 66 impact motor vehicle operations across different states?

Section 66 ensures uniformity in permit requirements across states while allowing flexibility for specific local exemptions and operational needs, thus maintaining regulatory clarity and public safety standards.

What additional provisions does Section 66 include for motor vehicles under specific conditions?

Section 66 includes provisions for temporary registrations, exemptions during vehicle transfer processes, and permissions for vehicles under hire-purchase or lease agreements, enhancing operational fluidity within regulatory frameworks.

What is Section 66A of the Motor Vehicles Act about?

Section 66A empowers the Central Government to develop a National Transportation Policy in collaboration with State Governments and relevant agencies. This policy aims to establish a comprehensive framework for transportation across India.

What are the objectives of the National Transportation Policy under Section 66A?

The objectives include:

• 1. Establishing a planning framework for passengers and goods transportation.
• 2. Planning medium and long-term improvements in transport infrastructure.
• 3. Formulating policies for granting permits and schemes.
• 4. Integrating road transport with other modes like railways, ports, and aviation.
• 5. Addressing current and future transport challenges through strategic policies.
• 6. Promoting competition, innovation, efficiency, and resource optimization.
• 7. Safeguarding public interests and promoting equity in transport development.
• 8. Integrating transport and land use planning for sustainable development.
• 9. Addressing specific challenges identified by the Central Government.

How does Section 66A impact transport planning in India?

Section 66A ensures a coordinated approach to transport planning, emphasizing integration, efficiency, and strategic direction for the sector. It aims to enhance mobility, improve infrastructure, and foster public-private partnerships in the transport industry.

What role does the Central Government play in implementing Section 66A?

The Central Government oversees the formulation and implementation of the National Transportation Policy, collaborating with states and other stakeholders to achieve seamless connectivity and sustainable transport solutions nationwide.

How does Section 66A contribute to the development of India's transport sector?

Section 66A provides a structured framework for long-term planning and development of transport infrastructure, aiming to meet growing demands, enhance efficiency, and integrate various modes of transport for comprehensive national mobility.

What are the key components of the National Transportation Policy as per Section 66A?

The policy focuses on infrastructure development, strategic planning, permit regulations, promoting efficiency and competition, integrating transport with other sectors, and addressing socio-economic and environmental challenges.

What is Section 66B of the Motor Vehicles Act about?

Section 66B ensures that holders of permits under the Act are not barred from applying for licenses under the schemes outlined in Sections 67(3) and 88A(1). It also states they are not required to cancel their permits upon receiving a license under these schemes.

Who does Section 66B apply to?

Section 66B applies to individuals or entities holding permits issued under the Motor Vehicles Act who wish to apply for licenses under specified schemes without facing disqualification.

What permits are covered under Section 66B?

Section 66B covers permits issued under the Motor Vehicles Act for various types of transport vehicles, allowing holders to pursue licenses under specific schemes outlined in the Act.

What schemes are mentioned under Section 66B?

Section 66B mentions schemes under Sections 67(3) and 88A(1) of the Motor Vehicles Act, which involve licensing arrangements related to transport operations.

What are the implications of Section 66B for permit holders?

Section 66B ensures that permit holders can explore additional licensing opportunities under specified schemes without forfeiting their existing permits, thereby promoting flexibility in their operations.

How does Section 66B contribute to the regulatory framework of transport operations?

Section 66B enhances the regulatory framework by allowing permit holders to participate in schemes that may offer alternative licensing arrangements, facilitating efficient transport management and compliance.

What is the significance of Section 66B in the context of transport policy?

Section 66B promotes integration and flexibility within the transport sector by enabling permit holders to leverage licensing schemes under defined regulations, thereby supporting broader transport policy objectives.

What is Section 67 of the Motor Vehicles Act about?

Section 67 empowers State Governments to issue directions to State Transport Authorities and Regional Transport Authorities to enhance motor transport development, coordinate road and rail transport, prevent road deterioration, and promote competition among transport service providers.

What are the objectives outlined in Section 67(1) of the Motor Vehicles Act?

Section 67(1) aims to benefit the public, trade, and industry by developing motor transport, coordinating road and rail transport, preventing road deterioration, and fostering effective competition among transport providers.

What can the State Government do under Section 67(2) of the Motor Vehicles Act?

Under Section 67(2), the State Government can issue directions regarding the fixation of fares and freights for stage carriages, contract carriages, and goods carriages, possibly inclusive of taxes payable by passengers or consignors under applicable laws.

What provision does Section 67(2) of the Motor Vehicles Act include?

Section 67(2) allows the State Government, with conditions, to relax provisions under this Chapter to achieve objectives such as promoting effective competition among transport service providers.

How does Section 67(3) of the Motor Vehicles Act empower the State Government?

Section 67(3) enables the State Government to modify permits, create schemes for goods and passenger transportation, and issue licenses under these schemes to enhance transportation efficiency, safety, and environmental protection.

What are the key considerations under Section 67(3) of the Motor Vehicles Act?

Section 67(3) emphasizes last mile connectivity, rural transport, reducing traffic congestion, improving urban transport, safety, energy conservation, and enhancing the economic vitality and quality of life through an integrated transportation system.

What is required under schemes framed under Section 67(4) of the Motor Vehicles Act?

Section 67(4) mandates that schemes specify fees, application forms, and the process for granting, renewing, suspending, canceling, or modifying licenses, ensuring comprehensive regulation of transportation initiatives.

What is Section 68 of the Motor Vehicles Act about?

Section 68 pertains to the constitution and functions of Transport Authorities by State Governments, namely the State Transport Authority and Regional Transport Authorities (RTAs). These authorities are tasked with regulating and coordinating transport activities within specified regions.

What are the key responsibilities of the State Transport Authority under Section 68(3) of the Motor Vehicles Act?

The State Transport Authority is mandated to coordinate and regulate Regional Transport Authorities' activities, resolve disputes between them, and perform RTA duties where absent. Additionally, it formulates routes for stage carriages and fulfills other prescribed functions.

Who can be appointed as members of the State Transport Authority or Regional Transport Authorities under Section 68(2) of the Motor Vehicles Act?

Members must have judicial, appellate, or adjudicating experience, ensuring impartiality. Officials not linked to transport undertakings can be appointed, but financial interests in such undertakings disqualify appointment or require prompt notification and office vacation.

Can State Governments modify the composition of Transport Authorities under Section 68(2)?

Yes, State Governments can tailor Authority composition as needed. They may appoint single-member Authorities for specific regions or provide for alternate business transaction rules in the absence of the Chairman or members.

How do Transport Authorities function under Section 68(4) of the Motor Vehicles Act?

State Transport Authorities issue directives to Regional Transport Authorities, guiding them in adhering to Act provisions and State policies. RTAs must comply with these directives while executing their statutory functions.

What is the scope of delegation under Section 68(5) of the Motor Vehicles Act?

Both State Transport Authorities and RTAs can delegate powers and functions, as per rules framed under the Act. These delegations are subject to stipulated restrictions and conditions to ensure effective governance.

What does Section 69 of the Motor Vehicles Act entail?

Section 69 outlines the procedural aspects for applying for permits to operate vehicles. It specifies that applications must be submitted to the Regional Transport Authority (RTA) of the region where the vehicle(s) are intended to be used.

How does Section 69 address applications for permits across multiple regions within the same State?

If a vehicle is proposed to operate in multiple regions within the same State, the application should be made to the RTA of the region where the major portion of the proposed route lies. In cases where regions have an equal portion of the route, the application should be made to the RTA of the region where the vehicle(s) will be based.

What if the vehicle is proposed to operate in regions across different States?

In situations where the vehicle is intended to operate in regions spanning different States, the application should be submitted to the RTA of the region where the applicant resides or has their principal place of business. However, State Governments can issue notifications in the Official Gazette directing such applications to the State Transport Authority instead.

Can State Governments modify the application process under Section 69?

Yes, State Governments have the authority to alter the application process through notifications published in the Official Gazette. This allows them to streamline procedures, particularly for vehicles operating across State boundaries.

What is the objective of Section 69 of the Motor Vehicles Act?

Section 69 aims to ensure a structured and region-specific approach to permit applications, facilitating regulatory compliance and efficient transport operations across different geographical jurisdictions within India.

What does Section 70 of the Motor Vehicles Act cover?

Section 70 deals with the application procedure for obtaining a stage carriage permit, which is required for operating stage carriages (buses) for transporting passengers.

What specific details must an application for a stage carriage permit include?

An application for a stage carriage permit must include the following particulars:

• 1. Details of the route(s) or area(s) to which the application pertains.
• 2. Information about the type and seating capacity of each vehicle.
• 3. Minimum and maximum number of daily trips proposed, along with the timetable for normal trips. Each journey from one point to another is considered a trip, with return journeys counted separately.
• 4. Number of vehicles intended for reserve to maintain service and accommodate special occasions.
• 5. Plans for vehicle housing, maintenance, repair, passenger comfort, luggage storage, and safety.
• 6. Any other matters prescribed by regulations.

What is the significance of defining "trip" in this context?

According to Section 70, "trip" refers to a single journey from one point to another. Return journeys are considered separate trips. This definition is crucial for calculating and regulating the frequency and operations of stage carriages.

Are there any specific documents required to accompany the stage carriage permit application?

Yes, the application must be accompanied by documents as prescribed by regulations. These documents support the details provided in the application and ensure compliance with legal requirements.

Why are these particulars and documents important in the application process?

These particulars and documents are essential for assessing the suitability and feasibility of granting a stage carriage permit. They help regulatory authorities evaluate route planning, vehicle capacity, operational schedules, passenger amenities, and overall compliance with transport regulations.

What is the procedure followed by the Regional Transport Authority (RTA) while considering applications for stage carriage permits under Section 71 of the Motor Vehicles Act?

The Regional Transport Authority (RTA) adheres to specific procedures when evaluating applications for stage carriage permits as outlined in Section 71 of the Motor Vehicles Act:

• 1. Adherence to Objectives: The RTA considers the objectives set forth in the Motor Vehicles Act during the assessment of stage carriage permit applications.
• 2. Compliance with Speed Regulations: The RTA will deny a stage carriage permit if the timetable submitted indicates that the vehicle may potentially violate speed regulations specified under the Act. However, applicants are given an opportunity to revise their timetable to meet these regulations before refusal.
• 3. Limitation of Stage Carriages: State Government Notification: The State Government, under direction from the Central Government, can issue notifications in the Official Gazette to restrict the number of stage carriages, particularly in towns with populations exceeding five lakhs. This limitation may apply generally or to specific types of stage carriages.
• 4. Reservation for Scheduled Castes and Tribes: A percentage of stage carriage permits must be reserved by the State Government for scheduled castes and tribes, proportional to their representation in direct recruitments to public services.


• 5. Consideration Factors: After reserving permits, the RTA evaluates applications based on:
  • 1. Financial stability of the applicant.
  • 2. Previous performance as a stage carriage operator, including tax compliance if applicable.
  • 3. Any additional criteria mandated by the State Government.


• 6. Preference Criteria: If all other conditions are equal, priority is given to applications from:
  • 1. State transport undertakings.
  • 2. Co-operative societies registered under prevailing laws.
  • 3. Ex-servicemen.
  • 4. Any other class or category identified by the State Government for specific reasons.


• 7. Explanation: The section defines "company" broadly to include any body corporate, firm, or association of individuals. In the context of a firm, "director" refers to a partner.


• 8. State Amendment (Kerala): Kerala has amended Section 71 to increase the population threshold for cities where stage carriage limits apply from five lakhs to ten lakhs. Additionally, the amendment extends eligibility for stage carriage permits to co-operative societies alongside companies.

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