Section 92. Voidance of contracts restrictive of liability.

Question: What does Section 92 of the Motor Vehicles Act specify?

Section 92 of the Motor Vehicles Act addresses contracts related to the conveyance of passengers in transport vehicles. Here are the key points:

Answer:
Liability Restrictions: Any contract concerning the transport of passengers, for which a permit or license has been issued under this Chapter of the Act, cannot restrict or negate the liability of any person against claims for death or bodily injury of the passenger.

Void Contracts: Contracts that attempt to limit liability or impose conditions on the enforcement of such liability regarding passenger injuries or deaths are deemed void under this section.

Section 92 aims to protect the rights of passengers by ensuring that contracts cannot absolve operators of their legal responsibilities for injuries or fatalities occurring during transportation.

Question: What are the licensing requirements for agents, canvassers, and aggregators under Section 93 of the Motor Vehicles Act?

Section 93 of the Motor Vehicles Act lays down specific licensing requirements for individuals engaging in various roles related to public service vehicles and goods carriages:

Answer:
Types of Activities Covered: No person can act as an agent or canvasser for selling tickets of public service vehicles, solicit custom for such vehicles, or engage as an aggregator without obtaining a valid licence from the appropriate authority as prescribed by the State Government.

Licensing Conditions: The State Government may impose conditions on these licences, including:

• 1. Duration for which a licence may be granted or renewed.
• 2. Fee structure for issuing or renewing the licence.
• 3. Requirement to deposit security, which may be forfeited under specified circumstances.
• 4. Obligation to provide insurance coverage for goods in transit.
• 5. Authority and grounds for suspension or revocation of the licence.
• 6. Additional conditions deemed necessary by the State Government.

Advertising Requirements: Every licensee must include specific details in their advertisements, such as the licence number, expiry date of the licence, and particulars of the granting authority, in any publication like newspapers, directories, or other media.

Section 93 aims to regulate and ensure accountability among agents, canvassers, and aggregators involved in the transport sector, promoting transparency and consumer protection.

Question: What is the significance of Section 94 of the Motor Vehicles Act?

Section 94 of the Motor Vehicles Act limits the jurisdiction of Civil Courts concerning permits and licenses issued under the Act. Specifically:

Answer:
Jurisdiction Limitation: Civil Courts are barred from entertaining any disputes or questions related to the grant of permits or licenses issued under the Motor Vehicles Act.

Restriction on Injunctions: Civil Courts cannot issue injunctions to prevent or interfere with any actions taken or to be taken by authorities authorized under the Act regarding the grant of permits or licenses.

Section 94 ensures that disputes regarding permits and licenses under the Motor Vehicles Act are adjudicated within the framework and provisions established by the Act itself, aiming to streamline the regulatory process and prevent undue interference by Civil Courts.

Question: What powers does Section 95 of the Motor Vehicles Act confer upon State Governments?

Section 95 empowers State Governments to formulate rules governing stage carriages and contract carriages, including regulations pertaining to the conduct of passengers within such vehicles. These rules serve to ensure orderly operations and passenger safety during journeys.

Answer:
Specifically, these rules may authorize actions such as the removal of passengers violating regulations by vehicle personnel or police officers, require passengers suspected of rule violations to disclose their details, and mandate the declaration of intended journeys and payment of fares. Additionally, they may impose restrictions on behaviors that could disrupt vehicle operations, damage equipment, or endanger other passengers.

Furthermore, the section mandates the maintenance of complaint books in stage carriages, enabling passengers to formally record grievances, thereby enhancing accountability and service quality within public transport systems.

You can also learn about :

Special Provisions Relating to State Transport Undertakings Section-97 to 102

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Motor Vehicle Act - Offences Penalties and Procedure | Motor Vehicle Act - Miscellaneous | Motor Vehicle Act - Claims Tribunals | Motor Vehicle Act - Control of Traffic