Section 79. Grant of goods carriage permit.

Question: What are the considerations and conditions for granting a goods carriage permit under Section 79 of the Motor Vehicles Act?

Section 79 of the Motor Vehicles Act outlines the considerations and conditions for granting a goods carriage permit:

Application Scope and Modifications:
The Regional Transport Authority (RTA) may grant a goods carriage permit based on the application under Section 77. The permit can be issued statewide or as per the application's specifications, with modifications deemed suitable by the RTA. Importantly, the permit cannot cover any area or route not specified in the application.

Conditions Attached to the Permit:
Upon deciding to grant the permit, the RTA can impose various conditions, subject to rules under the Act. These conditions may include:
- Specifying the area or routes where the vehicle can operate.
- Setting a maximum gross vehicle weight limit.
- Restricting the carriage of specific types of goods.
- Mandating specific rates for transporting goods.
- Requiring arrangements for vehicle housing, maintenance, repair, and safe storage of goods.
- Demanding periodic submission of returns, statistics, and other information as prescribed by the State Government.
- Allowing the RTA to modify conditions after giving at least one month's notice.
- Requiring approval from the RTA before deviating from permit conditions.

Additional Prescribed Conditions:
The RTA may also include other conditions prescribed under the Act.

Special Considerations for Dangerous or Hazardous Goods:
Subsection (3) emphasizes that conditions set under subsection (2) may specifically address the packaging and transportation of goods classified as dangerous or hazardous to human life. This ensures stringent safety measures are in place to prevent risks associated with such goods.

Question: What is the procedure for applying for and granting permits under Section 80 of the Motor Vehicles Act?

Section 80 of the Motor Vehicles Act details the procedure for applying for and granting permits:

Timing of Application:
An application for any kind of permit may be submitted at any time.

Ordinary Grant of Permits:
A Regional Transport Authority (RTA), State Transport Authority, or any prescribed authority referred to in Section 66 shall not ordinarily refuse to grant an application for a permit.

Exceptions:
However, there are exceptions where an application may be summarily refused:
1. If granting the permit would increase the number of stage carriages or contract carriages beyond limits fixed by official notification.

2. In case of refusal, the authority must provide written reasons for the decision and offer the applicant an opportunity to be heard.

Application to Vary Permit Conditions:
1. Any application to modify the conditions of a permit (excluding temporary permits) by adding new routes or areas, altering existing routes or areas, or increasing trip frequency (in the case of stage carriage permits) is treated as a new permit application.

2. Exceptions apply if the permit holder provides the sole service on a route and seeks to increase service frequency without adding vehicles.

3. Specific limits apply to variations and extensions of routes: termini cannot be altered, and any variation or extension must not exceed 24 kilometers.

Replacement of Permits:
1. An authority may replace an existing permit issued before a specified date with a fresh permit under Sections 72, 74, 76, or 79.

2. The fresh permit retains validity for the same route or area as the replaced permit.

3. Conditions attached to the fresh permit cannot exceed those attached to the replaced permit without the permit holder's written consent.

Validity of Replaced Permits:
A permit issued under sub-section (4) remains effective without renewal for the remaining period of validity of the replaced permit.

Question: What are the provisions regarding the duration and renewal of permits under Section 81 of the Motor Vehicles Act?

Section 81 of the Motor Vehicles Act outlines the provisions concerning the duration and renewal of permits:

Duration of Permits:
1. A permit issued, other than a temporary permit under section 87 or a special permit under sub-section (8) of section 88, is effective from the date of issuance or renewal for a period of five years.

2. If a permit is countersigned under sub-section (1) of section 88, the countersignature remains effective without renewal to synchronize with the validity period of the primary permit.

Renewal Application:
An application for the renewal of a permit must be made not less than fifteen days before its expiry date.

Late Renewal Application:
Despite the fifteen-day requirement, the Regional Transport Authority or State Transport Authority may consider an application for renewal after this period if satisfied that the delay was due to good and sufficient cause.

Grounds for Rejection of Renewal:
The Regional Transport Authority or State Transport Authority may reject a renewal application based on:
1. Poor financial condition of the applicant, evidenced by insolvency or unpaid debts for more than thirty days before the application's consideration.
2. The applicant having been penalized twice or more within twelve months preceding the application date for specific offences related to operating a stage carriage service, such as operating without paying due taxes, operating on unauthorized routes, or making unauthorized trips.
3. The applicant must be given an opportunity to be heard before their application is rejected.

Effect of Renewal After Expiry:
1. If a permit is renewed after its expiry, the renewal is effective from the date of expiry.

2. If a temporary permit was issued during the interim period, the fee paid for the temporary permit must be refunded.

Question: What are the provisions regarding the transfer of permits under Section 82 of the Motor Vehicles Act?

Section 82 of the Motor Vehicles Act specifies the provisions related to the transfer of permits:

General Rule on Transfer:
A permit issued for a motor vehicle is generally not transferable from one person to another without the permission of the transport authority that originally granted the permit.

Without such permission, the transfer of a vehicle covered by the permit does not confer any right on the new owner to use the vehicle as authorized by the permit.

Transfer in Case of Holder's Death:
If the holder of a permit dies, the person who succeeds to the possession of the vehicle covered by the permit can use the permit for a period of three months as if it had been granted to them.

To use the permit in this manner, the successor must inform the transport authority that granted the permit about the holder's death within thirty days of the death. They must also declare their intention to use the permit.

This provision allows the successor to continue operating under the permit temporarily, provided it has not expired.

Formal Transfer by Transport Authority:
Within three months of the holder's death, the transport authority can transfer the permit to the successor upon application.

The transport authority may consider applications made after this three-month period if convinced that the delay was due to valid reasons preventing the application within the specified time.

Question: What does Section 83 of the Motor Vehicles Act state regarding the replacement of vehicles under a permit?

Section 83 of the Motor Vehicles Act pertains to the replacement of vehicles covered by a permit:

Question: What are the general conditions that apply to every permit under Section 84 of the Motor Vehicles Act?

Answer:
Certificate of Fitness: The vehicle covered by the permit must carry a valid certificate of fitness issued under section 56 of the Act. It should also be maintained in a manner that complies with the requirements of the Act and the rules made thereunder.

Speed Limit:
The vehicle must not be driven at a speed exceeding the limit permitted under the Motor Vehicles Act.

Compliance with Notifications:
Any prohibitions, restrictions, fares, or freight fixed by notifications issued under section 67 of the Act must be observed in connection with the vehicle.

Traffic Regulations:
The vehicle must not be driven in contravention of the provisions of section 5 (which pertains to driving without a valid license) or section 113 (which pertains to use of vehicles in unsafe conditions).

Hours of Work:
The provisions of the Act that limit the hours of work of drivers must be observed in connection with any vehicle covered by the permit.

Observance of Specific Chapters:
The holder of the permit must observe the provisions of Chapters X (which deals with control of traffic), XI (which deals with insurance against third party risks), and XII (which deals with the duty of the driver to stop in certain cases) of the Act, as far as they apply.

Identification of Operator:
The name and address of the operator must be prominently displayed on both sides of every vehicle covered by the permit, in a vividly contrasting color to the vehicle's body color, centered as high as practicable below the window line, and in bold letters.

Question: What are the requirements for the general form of permits under Section 85 of the Motor Vehicles Act?

Answer:
Section 85 of the Motor Vehicles Act specifies that every permit issued under the Act must meet the following requirements:

Completeness:
The permit must be complete in itself, containing all necessary particulars related to the permit and the conditions attached to it. This ensures that all relevant information regarding the authorized use of the vehicle is clearly documented and accessible.

Necessary Particulars:
The permit should include all essential details pertaining to the vehicle, the type of permit issued (whether it's a stage carriage permit, contract carriage permit, goods carriage permit, etc.), the area or route covered by the permit, and any specific conditions attached to the permit by the issuing authority.

Conditions:
It should clearly outline the conditions that govern the use of the vehicle under the permit. These conditions may include restrictions on routes, maximum passenger capacities, safety requirements, compliance with traffic rules, and any other specific regulations applicable to the type of permit issued.

Clarity and Compliance:
The form of the permit should be structured in a way that ensures clarity and compliance with legal standards. This facilitates easy understanding for both the permit holder and enforcement authorities regarding the rights and responsibilities associated with the permit.

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