Section 72. Grant of stage carriage permits.
What are the procedures and conditions involved in the grant of a stage carriage permit by the Regional Transport Authority (RTA) under Section 72 of the Motor Vehicles Act?
The grant of a stage carriage permit by the Regional Transport Authority (RTA) under Section 72 involves specific procedures and conditions as outlined below:
Application Consideration:
The RTA evaluates applications submitted under Section 70 of the Act. These applications must specify the route, type of vehicle, seating capacity, proposed daily trips, and other relevant details.
The RTA may grant the permit in accordance with the application or with modifications deemed appropriate, or it may refuse to grant the permit.
Permit Conditions:
Upon deciding to grant a stage carriage permit, the RTA may attach various conditions to the permit, as per rules under the Act. These conditions include:
- Specifying the area or route where the vehicle can operate.
- Stipulating the commencement date of operation.
- Setting minimum and maximum daily trip frequencies.
- Requiring display of approved timetables on vehicles and at specified stops.
- Allowing deviations from timetables within specified margins.
- Regulating passenger and luggage capacities.
- Imposing fare structures and ticketing requirements.
- Mandating standards for vehicle comfort, cleanliness, and maintenance.
- Permitting carriage of goods under specific conditions.
- Specifying conditions for contract carriage use.
- Requiring arrangements for vehicle housing, maintenance, and repair.
- Mandating use of designated bus stations or shelters and associated fees.
- Requiring approval from the RTA for any deviations from permit conditions.
Modification and Variation:
The RTA retains the authority to modify or vary permit conditions after providing a notice period of at least one month.
Modifications to route conditions cannot increase the original route distance by more than 24 kilometers without RTA approval.
Reporting Requirements:
Permit holders must submit periodical returns, statistics, and other information as prescribed by the State Government.
Additional Provisions:
The Act allows for the waiver of certain permit conditions in rural areas at the discretion of the RTA.
Section 73. Application for contract carriage permit.
What particulars are required in an application for a contract carriage permit under Section 73 of the Motor Vehicles Act?
An application for a contract carriage permit under Section 73 of the Motor Vehicles Act must include the following particulars:
Type and Seating Capacity of the Vehicle:
The application should specify the type of vehicle intended for use as a contract carriage (e.g., bus, minibus, van) and its seating capacity.
Area for which the Permit is Required:
Applicants must clearly state the geographical area or route for which they seek the contract carriage permit.
Prescribed Particulars:
Any other details or particulars that may be prescribed by the relevant authorities should also be included in the application.
Section 74. Grant of contract carriage permit.
What is the procedure for obtaining a contract carriage permit under Section 74 of the Motor Vehicles Act?
To obtain a contract carriage permit under Section 74 of the Motor Vehicles Act, applicants must follow a specific procedure:
Submission of Application:
Submit an application to the Regional Transport Authority (RTA) as per the requirements laid out in Section 73 of the Act. The application should include details such as the type of vehicle, seating capacity, and the specific area for which the permit is sought.
Consideration by RTA:
The RTA will review the application and may grant the contract carriage permit in accordance with the application or with modifications it deems suitable. The authority may also refuse to grant the permit if it does not comply with the legal requirements.
Attachment of Conditions:
If the RTA decides to grant the permit, it can attach various conditions to the permit, subject to rules under the Act. These conditions may include:
- Specifying the area or routes where the vehicle can operate.
- Limiting the number of passengers and luggage that can be carried.
- Setting fares or rates of hiring.
- Requiring the installation of a taximeter (if applicable).
- Maintaining standards of comfort, cleanliness, and operational norms.
- Prohibiting refusal of passengers or services except in exceptional circumstances.
Modification of Permit Conditions:
The RTA may modify or add conditions to the permit after providing at least one month's notice to the permit holder. Any deviation from the permit conditions requires prior approval from the RTA.
Compliance with Government Directives:
The RTA must adhere to any directives issued by the State Government regarding the limitation of contract carriages in specific areas, considering factors like road conditions and public interest.
Preference Criteria:
Preference in granting permits may be given to certain categories of applicants as specified by the State Government. This includes entities like State transport undertakings, tourism development corporations, co-operative societies, ex-servicemen, and self-help groups.
Section 75. Scheme for renting of motor cabs.
What are the provisions under Section 75 of the Motor Vehicles Act regarding the scheme for renting motor cabs?
Section 75 of the Motor Vehicles Act outlines provisions related to the scheme for renting motor cabs, as follows:
Purpose of the Scheme:
The Central Government has the authority to establish a scheme through notification in the Official Gazette. This scheme is designed to regulate the business of renting motor cabs or motor cycles to individuals who wish to operate them either by themselves or through hired drivers, for their personal use and related matters.
Contents of the Scheme:
The scheme formulated under sub-section (1) can cover the following aspects:
- Licensing of Operators: This includes provisions for granting, renewing, and revoking licences for operators under the scheme.
- Application and Licence Forms: Specifications regarding the format of application forms and licences, and the necessary particulars to be included therein.
- Application Fees: Prescribing the fees required to accompany applications for licences.
- Authorities for Application: Designation of the authorities to whom licence applications should be submitted.
- Conditions for Licences: Conditions that must be adhered to for the issuance, renewal, or revocation of licences.
- Appeals Mechanism: Procedures for appealing against decisions to refuse or revoke licences.
- Rental Conditions: Regulations governing the terms under which motor cabs may be rented out.
- Record-Keeping: Requirements for maintaining records and provisions for their inspection.
- Other Necessary Provisions: Any additional matters deemed essential for effectively implementing the objectives of this section.
Section 76. Application for private service vehicle permit.
What are the provisions outlined in Section 76 of the Motor Vehicles Act regarding private service vehicle permits?
Section 76 of the Motor Vehicles Act covers the provisions related to private service vehicle permits as follows:
Grant of Permit:
A Regional Transport Authority (RTA) has the authority to grant a private service vehicle permit based on an application submitted to it. The permit may be granted according to the application or with modifications deemed appropriate by the RTA. However, the RTA also has the discretion to refuse to grant such a permit.
The permit cannot be granted for any area or route that is not specifically mentioned in the application.
Application Requirements:
An application for a permit to use a motor vehicle as a private service vehicle must include the following particulars:
(a) Type and seating capacity of the vehicle.
(b) The specific area, route, or routes to which the application pertains.
(c) Details explaining how the vehicle will be used for carrying persons other than for hire or reward, or in connection with the trade or business of the applicant.
(d) Any other particulars prescribed under the Act.
Conditions Attached to the Permit:
The RTA, upon deciding to grant the permit, may impose one or more of the following conditions, subject to any rules made under the Motor Vehicles Act:
(i) Restriction on the vehicle to operate only in specified areas or on specified routes.
(ii) Limitations on the maximum number of passengers and the maximum weight of luggage that may be carried.
(iii) Authority of the RTA to modify the conditions of the permit after giving at least one month's notice, or to add further conditions to the permit.
(iv) Requirement that the permit conditions must not be violated without prior approval from the RTA.
(v) Standards specifying the comfort and cleanliness that must be maintained in the vehicle.
(vi) Obligation for the permit holder to submit periodic returns, statistics, and other information as specified by the State Government.
(vii) Any other conditions as prescribed under the Motor Vehicles Act.
Section 77. Application for goods carriage permit.
What are the required particulars for applying for a goods carriage permit under Section 77 of the Motor Vehicles Act?
Under Section 77 of the Motor Vehicles Act, an application for a goods carriage permit, which allows the use of a motor vehicle for transporting goods for hire or reward, or for a trade or business, must include the following particulars:
Area or Route:
Specify the area or the route(s) within which the vehicle intends to operate for carrying goods.
Type and Capacity of the Vehicle:
Provide details about the type of vehicle (such as truck, van, etc.) and its capacity in terms of weight or volume for carrying goods.
Nature of Goods:
Describe the nature or type of goods that are proposed to be transported using the vehicle.
Arrangements for Vehicle Maintenance and Goods Storage:
Outline the arrangements planned for housing, maintaining, and repairing the vehicle. Also, specify the measures intended for the safe storage and custody of the goods during transportation.
Business History as a Carrier of Goods:
Furnish particulars as required by the Regional Transport Authority (RTA) regarding any previous business activities involving the transportation of goods for hire or reward. This includes details about rates charged for such services.
Agreements or Arrangements:
Disclose particulars of any agreements or arrangements that significantly affect the provision of transportation services for goods within the jurisdiction of the RTA. These agreements could involve partnerships or contractual arrangements with other entities providing similar transportation services.
Other Prescribed Particulars:
Include any other particulars that may be prescribed under the Motor Vehicles Act or specified by the RTA for the application process.
Section 78. Consideration of application for goods carriage permit.
What factors does a Regional Transport Authority consider when reviewing an application for a goods carriage permit under Section 78 of the Motor Vehicles Act?
Under Section 78 of the Motor Vehicles Act, a Regional Transport Authority (RTA) considers the following factors when evaluating an application for a goods carriage permit:
Nature of Goods to be Carried:
The RTA examines the nature of the goods proposed to be transported. This includes assessing whether the goods are ordinary or have special characteristics that could pose risks to human life during transportation.
Dangerous or Hazardous Nature of Goods:
Special attention is given to goods that are classified as dangerous or hazardous. The RTA evaluates the potential risks these goods may pose to human life if mishandled or if there is an accident during transit.
Nature of Chemicals or Explosives:
If the goods include chemicals or explosives, the RTA focuses on their specific characteristics and the safety precautions necessary to protect human life. This assessment is crucial to prevent potential accidents or incidents that could endanger public safety.
You can also learn about :
Control of Transport Vehicles Section 79 to 85
Our other famous blogs are :
Motor Vehicle Act - Offences Penalties and Procedure | Motor Vehicle Act - Miscellaneous | Motor Vehicle Act - Claims Tribunals | Motor Vehicle Act - Control of Traffic