Section 86. Cancellation and suspension of permits.

Question: When can a permit be cancelled or suspended under Section 86 of the Motor Vehicles Act?

Under Section 86 of the Motor Vehicles Act, a transport authority has the authority to cancel or suspend a permit under the following circumstances:

Answer:
Breach of Conditions: If the permit holder breaches any condition specified in Section 84 of the Act or any condition contained in the permit itself.

Unauthorized Use:
If the permit holder uses or allows a vehicle to be used in a manner not authorized by the permit.

Change in Ownership:
If the permit holder no longer owns the vehicle covered by the permit.

Fraud or Misrepresentation:
If the permit was obtained by the holder through fraud or misrepresentation.

Non-Use of Goods Carriage:
Specifically for goods carriage permits, if the permit holder fails, without reasonable cause, to use the vehicle for the purposes for which the permit was granted.

Acquisition of Foreign Citizenship:
If the permit holder acquires citizenship of any foreign country.

Question: When can temporary permits be granted under Section 87 of the Motor Vehicles Act?

Temporary permits under Section 87 of the Motor Vehicles Act can be granted under the following circumstances:

Answer:
Special Occasions: Temporary permits can authorize the use of transport vehicles for the conveyance of passengers to and from events like fairs and religious gatherings.

Seasonal Business: They can be issued for the purposes of seasonal business activities.

Specific Temporary Needs: Temporary permits are also issued to meet particular temporary transportation requirements.

Pending Permit Renewal: They can be granted while awaiting a decision on the renewal of a regular permit.

Question: What does Section 88 of the Motor Vehicles Act deal with?

Section 88 of the Motor Vehicles Act pertains to the validation of permits for use outside the region where they were originally issued. Here are the key points:

Answer:
Counter-signing Requirement: A permit granted by a Regional Transport Authority (RTA) in one region is generally not valid in any other region unless it has been counter-signed by the RTA of that other region. Similarly, a permit issued in one State is not valid in another State without counter-signature by the State Transport Authority (STA) of that State or by the relevant RTA.

Exceptions to Counter-signing:

• 1. Goods Carriage Permits: A goods carriage permit granted in one region for any area within another region in the same State is valid without counter-signature.
• 2. Intra-State Travel: If a route starts and ends within the same State but passes through another State for a distance not exceeding sixteen kilometers, the permit remains valid for that portion without counter-signature.
• 3. Special Permits: Special permits may be granted by RTAs or STAs without counter-signature for specific purposes such as defense, public service vehicles, or tourist vehicles promoting tourism.
• 4. National Permits: For long-distance inter-State travel, national permits may be granted for goods carriages, subject to specific conditions and fees prescribed by the Central Government.

Rules and Regulations: The Central Government has the authority to make rules governing the issuance, renewal, and conditions of permits, including the fees and other requirements for national permits.

Section 88 ensures regulatory compliance while allowing flexibility in transportation across different regions and States, promoting both public convenience and administrative efficiency under the Motor Vehicles Act.

Question: What does Section 88A of the Motor Vehicles Act deal with?

Section 88A grants significant powers to the Central Government regarding the regulation and facilitation of national, multimodal, and inter-State transportation of passengers and goods. Here are the key points:

Answer:
Modification and Schemes: The Central Government, through notification in the Official Gazette, can modify permits issued under the Motor Vehicles Act or establish schemes for various purposes. These schemes may include:

• 1. Last mile connectivity
• 2. Rural transport enhancement
• 3. Improvement of freight movement and logistics
• 4. Efficient use of transportation assets
• 5. Economic development and competitiveness
• 6. Enhancing accessibility and mobility of people
• 7. Environmental protection and conservation
• 8. Promotion of energy efficiency
• 9. Improvement of overall quality of life
• 10. Integration and connectivity across different modes of transport
• 11. Any other matters deemed appropriate by the Central Government

Concurrence of State Governments: Before implementing such schemes, the Central Government may seek the concurrence of State Governments.

State Schemes: Additionally, two or more States can collaborate to create schemes specifically for inter-State transportation of goods or passengers within their respective jurisdictions.

Precedence: In case of any conflict between schemes made by the Central Government and those formulated by two or more States, the schemes established by the Central Government under Section 88A(1) will take precedence.

Section 88A aims to streamline transportation operations, promote efficiency, and address broader socio-economic and environmental objectives through strategic regulatory frameworks.

Question: What does Section 89 of the Motor Vehicles Act cover?

Section 89 of the Motor Vehicles Act provides recourse for individuals who are dissatisfied with decisions made by the State or Regional Transport Authority. Here are the key points:

Answer:
Grounds for Appeal: A person can appeal under the following circumstances:

• 1. Refusal of the State or Regional Transport Authority to grant a permit
• 2. Disagreement with any condition attached to a permit granted
• 3. Revocation, suspension, or variation of conditions of a permit
• 4. Refusal to transfer a permit under Section 82
• 5. Refusal of the State or Regional Transport Authority to countersign a permit or conditions attached to such countersignature
• 6. Refusal to renew a permit
• 7. Refusal to grant permission under Section 83
• 8. Any other order as prescribed

Appellate Authority: Appeals must be filed within the prescribed time and manner to the State Transport Appellate Tribunal. Each Tribunal is composed of a judicial officer not below the rank of a District Judge or a person qualified to be a High Court Judge.

Procedure: The Appellate Tribunal will provide an opportunity for both the appellant and the original authority to be heard before making a final decision on the appeal.

Continuance of Pending Appeals: Any appeal pending at the commencement of the Act continues to be processed and decided under the provisions applicable before the Act's enactment.

Question: What is Section 90 of the Motor Vehicles Act about?

Section 90 of the Motor Vehicles Act empowers the State Transport Appellate Tribunal to review and revise orders made by the State Transport Authority or Regional Transport Authority. Here are the key aspects:

Answer:
Scope of Revision: The State Transport Appellate Tribunal can intervene in cases where an order has been issued by the State or Regional Transport Authority, and no appeal lies against it.

Grounds for Revision: The Tribunal can revise an order if it finds that the order made by the Transport Authority is improper or illegal.

Finality of Tribunal’s Decision: Any decision made by the State Transport Appellate Tribunal in such cases is considered final.

Time Limit for Application: An application for revision must be filed within thirty days from the date of the original order. However, the Tribunal may entertain an application filed after this period if it finds sufficient reason for the delay.

Fair Hearing: The Tribunal cannot pass any order prejudicial to a person without providing them with a reasonable opportunity to be heard.

Question: What does Section 91 of the Motor Vehicles Act entail?

Section 91 of the Motor Vehicles Act deals with the restriction of hours of work for drivers engaged in operating transport vehicles. Here are the key points:

Answer:
Regulation of Work Hours: The hours of work for drivers are governed by the Motor Transport Workers Act, 1961, which sets specific limits to ensure their welfare and safety.

Exemptions: State Governments have the authority to grant exemptions from these regulations in cases of emergencies or unforeseen circumstances, as notified in the Official Gazette.

Pre-Fixing of Work Hours: State Governments or authorized Transport Authorities may require employers to pre-fix and record the work hours of drivers to comply with legal requirements.

Prohibition on Extended Work Hours: It is prohibited for any person to work, or to allow others to work, outside the pre-fixed or recorded work hours.

Rest Periods: State Governments can define circumstances and durations where drivers, though not actively working, must remain near the vehicle, which counts as rest intervals under the law.

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