Control of Transport Vehicle - 2 in Rajasthan

Q: What are the requirements for fixing the hours of work for drivers operating stage carriages in Rajasthan?

A:

• The Regional Transport Authority requires employers of drivers of stage carriages (operating solely within the region or from one region to another) to provide a timetable, schedule, or regulation that fixes the drivers' hours of work in advance. Once approved by the Authority, this timetable or schedule becomes the official record of hours for the drivers, in accordance with the relevant sections of the Act.

Q: How is a rest period defined for a driver of a vehicle?

A:

• A rest period for a vehicle driver is defined as any time spent on activities other than driving in connection with the vehicle or its load, including being on the vehicle during a journey. Additionally, time spent near the vehicle while it is at rest, where the driver is allowed to leave for rest and refreshment but must remain within sight of the vehicle, is considered an interval of rest.

Q: What should a permit holder or their employee do if they find lost property in a public service vehicle?

A:

• If lost property is found, the permit holder or employee must keep it for 7 days. If the property is unclaimed, it should be handed over to the officer in charge of the nearest police station. If claimed by one person during this period, the item may be returned to the claimant after proper inquiry and, if necessary, an indemnity bond. If claimed by multiple individuals, the item should be handed over to the police for lawful disposal.

Q: What actions can a driver or conductor take if a passenger misbehaves on a stage carriage in Rajasthan?

A:

• The driver or conductor may require the misbehaving passenger to leave the vehicle immediately and may stop or keep the vehicle stationary until this occurs. Misbehavior includes obstructing employees, carrying bulky or offensive items, occupying reserved seats without permission, or engaging in disruptive or illegal activities. The passenger is not entitled to a fare refund and may be considered guilty of an offense.

Q: What are some of the prohibited actions for passengers using stage carriages?

A:

• Passengers are prohibited from:
  • 1. Refusing to show a ticket or pay the legal fare.
  • 2. Behaving disorderly or using abusive language.
  • 3. Smoking in non-smoking vehicles or spitting in the vehicle.
  • 4. Entering or exiting the vehicle while it is in motion or interfering with the driver.
  • 5. Using invalid or already used tickets.

Q: What should a passenger do if they are unable to produce a ticket on demand during the journey?

A:

• If a passenger cannot produce their ticket on demand, they are liable to pay the legal fare from the point where the journey originally started or a portion of it as required by the authorized person.

Q: What should a passenger receive when they pay for their fare in a stage carriage in Rajasthan?

A:

• Every passenger is entitled to receive a ticket from the conductor that corresponds to the fare paid. The term "Ticket" includes identity cards, season tickets, passes, or any authorization issued by the permit holder for traveling in the stage carriage.

Q: What are the regulations regarding entering or exiting omnibuses in cities?

A:

• Passengers must not enter or exit an omnibus while it is in motion or except at designated bus stops. They must also use the provided entrance or exit for boarding or alighting and should allow all exiting passengers to alight before entering.

Q: What should passengers avoid to ensure proper conduct on an omnibus?

A:

• Passengers must avoid:
  • 1. Entering an omnibus that is already at maximum capacity.
  • 2. Obstructing employees.
  • 3. Placing feet on seats.
  • 4. Boarding without being a bona fide or intending passenger.
  • 5. Hanging onto any exterior parts of the omnibus.

Q: What actions can a driver or conductor take if a passenger violates the rules on an omnibus in Rajasthan?

A:

• If a passenger violates rules, such as carrying offensive items or damaging the omnibus, the driver or conductor can require the passenger to alight immediately. The vehicle may be stopped until the passenger leaves, and the passenger will not receive a fare refund. Non-compliance may result in removal by the driver, conductor, or a police officer.

Q: What is the protocol for handling disputes or complaints in omnibuses?

A:

• Omnibuses must carry a complaint book where passengers can record complaints. The company is responsible for addressing these complaints and providing a report to the Regional Transport Authority within a month, including the action taken. Copies of the report are sent to the complainant.

Q: What must be displayed in omnibuses regarding regulations?

A:

• A copy of Rule 5.50 and the additional rules for omnibuses must be prominently displayed in every omnibus in both English and Devanagari scripts.

Q: What are the rules for passengers using motor cabs?

A:

• Passengers must not damage the cab or its fittings. Upon hiring termination, they must pay the legal fare as shown by the meter or as per the fare schedule. They must also provide their correct name and address in case of a dispute over the fare.

Q: What rights do motor cab drivers have concerning fare disputes or detention in Rajasthan?

A:

• Drivers can charge for detention time and for carrying packages according to the rates approved by the Regional Transport Authority. In case of fare disputes, either party can request a visit to the nearest police station where the dispute will be recorded.

Q: What are the requirements for maintaining a complaint book in stage carriages?

A:

• The stage carriage manager or permit holder must maintain a complaint book at approved bus stands and in every stage carriage. The book must be signed and stamped by the manager and countersigned by the Regional Transport Authority's Secretary. Complaints must be recorded legibly, including the complainant's name, address, and date.

Q: How should complaints in the complaint book be handled?

A:

• Complaints should be reviewed promptly, and actions to address them must be reported to the Regional Transport Authority within a month. The complainant should also receive a copy of the report.

Q: What should be done if the complaint book is lost or destroyed?

A:

• If the complaint book is lost or destroyed, the manager or permit holder must report the incident to the Secretary of the Regional Transport Authority within one week and obtain a replacement book immediately.

Q: How are children and infants counted in public service vehicles?

A:

• 1. A child who is not more than twelve years old is counted as half a person.
• 2. A child up to three years old is not counted at all and is considered an infant.

Q: What is the requirement for disinfecting public service vehicles?

A:

• 1. Public service vehicles must be disinfected with D.D.T. or any other approved liquid insecticide every two months.
• 2. Vehicle owners must maintain a register of disinfection dates and present it for inspection upon request.

Q: Under what conditions can people be carried in goods vehicles?

A:

• 1. Generally, only bona fide employees of the vehicle owner or hirer can be carried in goods vehicles.
• 2. The number of people allowed in the cab varies:
  • 3. Light transport vehicles with a G.V.W. of less than 990 kg: no more than one person.
  • 4. Other light transport vehicles: no more than three people.
  • 5. Goods vehicles other than light transport vehicles: no more than six people.
• 6. Passengers must not be carried in a manner that endangers their safety, particularly if their body is more than 3 meters above the ground.

Q: Can the Regional Transport Authority allow more passengers in goods vehicles in Rajasthan?

A:

• Yes, the Regional Transport Authority may permit more passengers in a goods vehicle under certain conditions, such as maintaining at least 0.40 sq. meters of floor space per person.

Q: Are there any exceptions for carrying persons in goods vehicles?

A:

• Exceptions are allowed for celebrations like Republic Day or Independence Day, or if considered expedient in the public interest by the State Government. Specific conditions will apply.

Q: What obligation does a public carrier have regarding the carriage of goods?

A:

• A public carrier must not refuse to carry goods from any person, provided the maximum freight permit is met, unless there is a reasonable and lawful excuse.

Q: How can stands and halting places for public service vehicles be designated?

A:

• 1. The Regional Transport Authority or District Collector can notify or mark specific places as stands or halting places.
• 2. Conditions may include fees, maintenance requirements, and specific usage rules.
• 3. Private land cannot be designated without the owner's consent.

Q: What are the responsibilities if a place is designated as a stand or halting place in Rajasthan?

A:

• 1. Agreements or licenses may be made for maintenance and provision of necessary facilities, such as shelters and lavatories.
• 2. Owners of the land or local authorities must comply with maintenance and provision requirements, or the use of the place can be prohibited.

Q: What records must be maintained and reported by transport vehicle owners?

A:

• Owners must keep detailed records, including vehicle registration, permit details, journey dates, driver and conductor information, route, and freight details.
• They must issue receipts for consignments and carry records of drivers' details and way bills.

Q: Who can inspect the records of transport vehicles?

A:

• Records must be produced for inspection on demand by any police officer not below the rank of Sub-Inspector or an officer of the Motor Vehicles Department.

Q: What should a permit holder do if they change their address?

A:

• The permit holder must notify the Transport Authority of their new address within fourteen days. The authority will update the permit and notify relevant authorities.

Q: What are the requirements for reporting vehicle damage or failure?

A:

• 1. If a vehicle's damage or failure makes it unfit for use for more than three days, it must be reported within seven days.
• 2. The Transport Authority may require repairs or a substitute vehicle within two months or take action to suspend, cancel, or vary the permit if not complied with.

Q: What restrictions are placed on the attachment of trailers to public service vehicles?

A:

• 1. According to rule 5.63, no trailer other than the trailing-half of an articulated vehicle can be attached to a public service vehicle.
• 2. Except when a trailer is used for transporting troops or police, only the attendants required by rule 7.57 can be carried on a trailer.
• 3. The provisions related to goods carriages apply to any trailer used for transporting goods.
• 4. The State or Regional Transport Authority can impose conditions on the number or type of trailers attached to transport vehicles covered by a permit.

Q: What are the requirements for distinguishing boards on goods transport vehicles?

A:

• 1. Rule 5.64 stipulates that every goods transport vehicle must display a distinguishing board on the front of the vehicle.
• 2. This board should have the letters "Goods Carriers" painted in black on a white background.
• 3. The height of each letter must be at least 127 millimeters, and the width must be at least 64 millimeters.

Q: What are the conditions under which a police officer or Transport Officer can inspect the contents of a goods vehicle?

A:

• 1. According to rule 5.65, a police officer in uniform (not below the rank of Sub-Inspector) or a Transport Officer (also not below the rank of Sub-Inspector) can inspect a goods vehicle if the vehicle is in a public place.
• 2. The inspection is allowed only if the permit of the vehicle violates provisions related to the type of goods carried or if there is a reason to believe the vehicle is being used in contravention of the Act or rules.
• 3. The inspecting officer must provide a certificate stating the date, time, and duration of the detention of the vehicle.

Q: Under what conditions must motor cabs be fitted with fare meters?

A:

• 1. Rule 5.66 requires that all motor cabs intended for private hire within specified areas must be fitted with fare meters if a notification has been issued by the Regional Transport Authority.
• 2. Exceptions include cases where the permit holder maintains at least six cabs, provides approved garage accommodation, and does not offer cabs for hire at public stands.
• 3. Also, automobile companies recognized by the Government of Rajasthan are exempt if they use cabs for tourists as per the request of the Regional Tourist Officer.

Q: How should the fare meter in a taxi cab indicate fares and its status?

A:

• 1. Rule 5.67 specifies that mechanical or electronic fare meters must indicate the fare on a display or dial and show whether the meter is in action with flags or illuminated windows stating "Hired," "For Hire," or "Stopped."
• 2. The mechanism must be designed to ensure that fares by time and distance are correctly recorded and displayed, and it must include features to prevent tampering.

Q: What are the procedures for the examination and sealing of taxi meters?

A:

• 1. According to rule 5.68, after installation or adjustment, a taxi meter must be examined and tested by the registering authority or an appointed officer.
• 2. It should be sealed to the taxi-cab to prevent tampering.
• 3. The meter must undergo a practical road test and a time test to ensure correctness.
• 4. No person is allowed to tamper with the seal or the meter.

Q: How often must taxi meters be examined, and what is the role of the Inspector of Motor Vehicles in Rajasthan?

A:

• 1. Rule 5.69 requires taxi meters to be examined and tested every six months or as needed.
• 2. The results of these examinations must be recorded in the taxi cab's permit.
• 3. Rule 5.70 gives Inspectors of Motor Vehicles or police officers the authority to stop motor cabs if they suspect the meter is defective or tampered with.
• 4. They can direct tests or other steps to ensure the accuracy of the meter.

Q: What are the requirements for agents or canvassers involved in the sale of tickets for public service vehicles?

A:

• 1. Rule 5.73 outlines that agents or canvassers must obtain a license from the Regional Transport Officer to sell tickets or solicit customers for public service vehicles.
• 2. The license application must be made in advance, and agents must maintain proper accounts, submit quarterly returns, and ensure that their license and identity card are in order.
• 3. Agents must also deposit a cash security of Rs. 5000 and adhere to regulations against misleading passengers or offering illegal inducements.

Q: What are the requirements for obtaining and maintaining an agent's license according to the regulations outlined?

A:

• An "Agent" is defined as someone engaged in collecting, forwarding, and distributing goods carried by a public carrier.
• The term "Goods" includes live-stock and items transported by a goods vehicle, but excludes living persons and vehicle equipment.


• Licensing Requirements:
  • No person may act as an agent without a valid license. Existing agents must obtain a license within three months of the commencement of these rules.
  • Prospective agents must apply to the Regional Transport Officer using Form R.S. 5.32, accompanied by the prescribed fee.
  • The Licensing Authority will evaluate factors such as the number of goods vehicles, accommodation suitability, parking facilities, financial resources, and experience.


• License Types and Validity:
  • The license consists of a principal part (for the main establishment) and a supplementary part (for branch offices).
  • Licenses are non-transferable and valid for one year. Supplementary licenses expire concurrently with the principal license.


• Renewal:
  • Renewal applications must be submitted using Form R.S. 5.34 at least 30 days before the license expires. A late fee is required if the renewal application is late.


• Conditions for License:
  • The licensee must provide adequate space for vehicle parking, storage of goods, and ensure proper delivery of goods.
  • The licensee is responsible for maintaining records of vehicles and transactions, not charging excessive commission, and ensuring vehicles have valid permits and insurance.
  • The licensee must also keep proper accounts, prioritize perishable goods, and ensure compliance with all relevant rules and safety measures.


• Fees and Security:
  • Different amounts of security are required based on the type of agency and the number of motor vehicles operated.
  • Fees for various services, including licensing and renewals, are specified in the regulations.


• Suspension and Cancellation:
  • The Licensing Authority can suspend or cancel the license for violations of conditions. The licensee must be given a chance to be heard before any suspension or cancellation.


• Duplicate Licenses:
  • If a license is lost or damaged, the licensee must apply for a duplicate license, accompanied by the prescribed fee.


• Appeals:
  • Aggrieved parties can appeal decisions made by the Licensing Authority to the Transport Commissioner within 30 days of the order.

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