Licensing of Drivers of Motor Vehicle in Rajasthan
Q: Who is designated as the Licensing Authority for the district according to the text?
A: The Licensing Authority for the district is the District Transport Officer, the Motor Vehicles Inspector, the Motor Vehicles Sub-Inspector, or any person specially authorized by the State Government to perform the duties of the Licensing Authority. For the purposes of the International Driving Permit and rules 24 to 28 of the Central Motor Vehicles Rules, 1989, the Licensing Authority shall be the Regional Transport Officer appointed for the Region.
Q: What is required for a holder of a driving license to apply for authorization to drive a transport vehicle in Rajasthan?
A: The holder of a driving license must apply to the Licensing Authority in Form R.S.2.1, provide a certificate of minimum qualification prescribed by the Central Government, and a driving certificate issued by an approved school of motoring under section 12. The application must also be accompanied by the existing driving license and the prescribed fee. The Licensing Authority will review the application, possibly conduct an inquiry into the applicant's character and antecedents, and may summon the applicant to appear before it.
Q: What happens if the Licensing Authority rejects an application for authorization to drive a transport vehicle?
A: If the Licensing Authority rejects an application, it must inform the applicant in writing, providing the reasons for the rejection within one month, and return the license to the applicant.
Q: Who is responsible for conducting the test of competence to drive?
A: The test of competence to drive is conducted by the Licensing Authority or a person authorized by such authority, who must not be below the rank of Motor Vehicles Sub-Inspector.
Q: What are the requirements for an applicant to undergo a driving test in Rajasthan?
A: The applicant must furnish a serviceable vehicle of the class they are applying for and present themselves for the test at the specified time and place set by the Licensing Authority.
Q: What should an applicant do after passing the test of competence to drive?
A: After passing the test, the applicant must pay the specified fee to the Licensing Authority on the same day or within a week. If the applicant fails to pay the fee within a week without sufficient reasons, they will be required to pass a fresh test of competence.
Q: Who is designated as the Appellate Authority for hearing appeals under Sub-section (8) of Section 9, Sub-section (2) of Section 17, and Sub-section (3) of Section 19 of the Act?
A: The Appellate Authority for hearing these appeals is the Regional Transport Officer. However, for appeals related to International Driving Permits issued under rule 2(t) of the Central Motor Vehicles Rules, 1989, the Appellate Authority shall be the Transport Commissioner.
Q: Within what timeframe must an appeal be preferred according to rule 2.5?
A: An appeal must be preferred within thirty days of the date of receipt of the order against which the appeal is made.
Q: What are the requirements for submitting an appeal under rule 2.5?
A: The appeal must be submitted in duplicate in the form of a memorandum, detailing the grounds of objection to the order of the Licensing Authority. It should be accompanied by the original or a certified copy of the order being appealed against, and the appropriate fee as specified in rule 2.29.
Q: What is the procedure for the Appellate Authority after receiving an appeal in Rajasthan?
A: The Appellate Authority will give the parties an opportunity to be heard and conduct any further inquiries if deemed necessary. After this, the Appellate Authority will pass appropriate orders, and the decision of the Appellate Authority shall be final.
Q: Who is authorized to sign the medical certificate required under Sub-section (3) of Section 8 of the Act?
A: The medical certificate must be signed by a Registered Medical Practitioner notified by the Transport Commissioner for a specified area in the official Gazette, upon payment of the prescribed fee.
Q: What additional document can be used as evidence for the correctness of an address?
A: The Bhamashah card issued by the State Government can also be used as evidence of the correctness of an address, in addition to other documents specified in rule 4 of the Central Motor Vehicles Rules, 1989.
Q: What should a holder of a license do if the photograph affixed to the license is no longer a clear likeness in Rajasthan?
A: If the photograph affixed to the license is no longer a clear likeness, the Licensing Authority may require the holder to surrender the license and provide two clear copies of a recent photograph. The holder must present the new photograph in person before the Licensing Authority within the specified period. Failure to comply will result in the license ceasing to be valid after the period expires.
Q: What happens to a license when a new photograph is affixed according to rule 2.9?
A: Upon receipt of the new photograph, the Licensing Authority will remove the old photograph from the license, affix and seal the new photograph, and return the license to the applicant. If the Licensing Authority is not the one who originally issued the license, they will forward a copy of the new photograph to the original issuing authority. If desired by the holder, a duplicate license with the new photograph can be issued, and the original license will be destroyed.
Q: What should a license holder do if their license is lost or destroyed?
A: The holder must immediately inform the Licensing Authority having jurisdiction over their residence area in writing, using Form R.S. 2.3 or a letter with the required particulars, and pay the prescribed fee for a duplicate license as specified in rule 2.29. The Licensing Authority will then verify the details with the original issuing authority and, if satisfied, issue a duplicate license. If there are any endorsements by a court since the last issuance or renewal, the duplicate license will reflect those endorsements.
Q: What is required from a license holder when applying for a duplicate license with a new photograph in Rajasthan?
A: The holder of the license must furnish the Licensing Authority with two clear copies of a recent photograph. One copy will be affixed to the duplicate license, and the other will be transmitted by the authority issuing the duplicate license to the authority that originally issued the license.
Q: What should be done if the original license is found after a duplicate license has been issued?
A: If the original license is found after a duplicate has been issued, the holder must deliver the original license to the Licensing Authority. If someone other than the holder finds the license, it should be delivered to the holder or to the nearest Police Station or Licensing Authority. The Officer-in-charge of the Police Station will then forward it to the nearest Licensing Authority.
Q: What action can the Licensing Authority take if a license is found to be defaced or torn?
A: If a license is torn or defaced to the extent that it is not reasonably legible, the Licensing Authority may impound the license and issue a duplicate. If the impounded license has a photograph that is satisfactory and transferable, it can be affixed to the duplicate license. If the photograph is not satisfactory, the holder must provide two new clear copies of a recent photograph for the duplicate license.
Q: What must be marked on a duplicate license when it is issued?
A: A duplicate license must be clearly stamped with the word 'Duplicate' in red ink, marked with the date of issue of the duplicate, and sealed by the Licensing Authority.
Q: What is the procedure if a Licensing Authority takes possession of a license due to disqualification in Rajasthan?
A: If a Licensing Authority takes possession of a license under Clause (a) of sub-section (2) of section 19 of the Act, and the license was issued by another authority, the Licensing Authority must inform the issuing authority of the fact.
Q: What is required from a Licensing Authority when declaring a person disqualified under section 19 of the Act?
A: When a Licensing Authority declares a person disqualified, it must endorse the license accordingly and send an intimation of this declaration to the authority by which the license was originally issued.
Q: What should a court do when making an endorsement on a license under Section 24 of the Act?
A: The court must send intimation of the endorsement in Form R.S. 2.4 to the Licensing Authority that issued the license and to the authority by which it was last renewed.
Q: What is the procedure for the Licensing Authority when renewing a license under Section 15 of the Act?
A: When renewing a license, the Licensing Authority must inform the original issuing authority of the renewal in Form R.S. 2.5.
Q: What is required before renewing a driving license for a transport vehicle?
A: Before renewing a driving license for a transport vehicle, the applicant must undergo a two-day refresher training course at a driving training institute established or authorized by the State Government or the Transport Commissioner. The licensing authority will renew the license only upon presenting a certificate of this refresher training course, along with other formalities.
Q: What should a Licensing Authority do when adding classes of motor vehicles to a license in Rajasthan?
A: When adding classes of motor vehicles to a license, the Licensing Authority must inform the authority that originally issued the license in Form R.S. 2.6, if it is not the authority that originally issued the license.
Q: What Automobile Associations are recognized for the purpose of the second proviso to Sub-section (3) of Section 9 of the Act?
A: The recognized Automobile Associations are:
- 1. The Automobile Association of Bengal
- 2. The Automobile Association of Southern India
- 3. The Automobile Association of Upper India
- 4. The Uttar Pradesh Automobile Association
- 5. The Western India Automobile Association
Q: What should a license holder do if there is a change of address?
A: The holder of a license entitling them to drive a public service vehicle must report any change of their temporary or permanent address, except for temporary absences exceeding three months, in Form R.S. 2.8. This report should be made to both the Licensing Authority that issued the license and the Licensing Authority that last renewed it.
Q: Who is exempt from paying license and test of competence fees under the provided rules?
A: The following persons are exempt from paying fees:
- Members of the Police Force or Fire Brigade when they are issued licenses to drive Police or Fire Brigade motor vehicles.
- Members of the Technical Co-operation Mission of the U.S.A. stationed at Udaipur.
- Disabled persons when licenses to drive invalid carriages are issued to them.
- Ex-service members who produce a certificate of proficiency in driving a motor vehicle from an officer in the Armed Forces of the Union are exempt from the test of competence fee.
- Women applicants are exempt from fifty percent of the fee prescribed for the issuance of learner’s licenses and driving licenses.
Q: What are the responsibilities of a driver of a stage carriage or contract carriage, other than a motor cab, with respect to maintaining the vehicle?
A: The driver must:
- Maintain the vehicle in a fit and proper condition, ensuring that it is not driven if it is defective or lacks sufficient fuel to reach the next fuel station.
- Ensure that the vehicle is clean and sanitary.
- Not allow the vehicle to stand or loiter in any public place for the purpose of collecting passengers or goods, except in approved places and manners.
Q: What conduct is expected from a driver regarding interactions with passengers and other public service vehicles in Rajasthan?
A: The driver must:
- Not shout to attract passengers.
- Not endanger, inconvenience, or interfere with other vehicles or passengers when bringing the vehicle to rest.
- Behave in a civil and orderly manner towards passengers and intending passengers.
- Not solicit custom except in a civil and quiet manner.
- Not obstruct or attempt to obstruct the driver, conductor, or other persons in charge of any other public service vehicle.
- Ensure that no passenger is seated in the vehicle when it is being filled with fuel.
Q: What are the requirements regarding the uniform and appearance of the drivers of stage carriages and contract carriages?
A: The drivers must be cleanly dressed in the following uniform:
- Khaki bush-shirt or coat with four pockets with flaps.
- Khaki full pants.
- Khaki cap or turban.
Q: What should a driver do if their vehicle is unable to proceed to its destination due to mechanical breakdown or other reasons?
A: The driver must arrange to convey the passengers to their destination in a similar vehicle. If such arrangements cannot be made within one hour of the vehicle's failure, the driver must refund each passenger a proportionate amount of the fare for the uncompleted journey.
Q: What are the obligations of a driver concerning the carriage of persons suffering from infectious or contagious diseases?
A: The driver must:
- Not allow a person suffering from an infectious or contagious disease or the corpse of such a person to be carried in the vehicle unless specifically requested by a registered medical practitioner, and then only if no other passengers are present.
- Report the fact to the medical officer in charge of the nearest municipal local board or government dispensary and to the vehicle owner.
- Ensure that the vehicle is disinfected according to the medical officer's instructions before it can be used again.
Q: What is the procedure if a driver needs to carry a corpse in a transport vehicle in Rajasthan?
A: The driver must ensure that the vehicle is not used for conveying any passenger other than those hired for the express purpose of conveying the corpse. The vehicle should be specifically hired for this purpose.
Q: What must a driver do if their license authorization for driving a stage carriage or contract carriage is suspended or revoked?
A: The driver must surrender their badge to the authority that issued it within seven days.
Q: What should a driver do if requested by a police officer or a Motor Vehicle Department officer to produce their driving license?
A: The driver must produce their driving license on demand. If the badge is displayed instead of the license, it is considered sufficient compliance, but the driver must produce the license within 48 hours at a specified police station or to the transport officer who made the demand.
Q: What are the rules for the positioning and readiness of motor cabs at a stand?
A:
- The drivers of the first two motor cabs at any stand must stay near their vehicles, ensuring they are ready for immediate hiring.
- All drivers should move their motor cabs up as vacancies occur at the stand.
- Motor cabs should be positioned with their front wheels straight and at least 30 cm away from the cab in front. If the stand is by the kerb, they should be parallel to and not more than 30 cm from the kerb.
Q: What restrictions are placed on drivers regarding the location and condition of their motor cabs when not engaged?
A:
- Drivers must not leave their motor cabs at any place other than an appointed stand when not engaged, nor should they loiter in public places to attract hires.
- A motor cab should not remain on the stand if it is disabled unless the disablement can be immediately remedied and is promptly fixed.
- Drivers must not prevent or attempt to prevent the first cab on the stand from being hired.
Q: What are the requirements for drivers of motor cabs regarding fare, conduct, and vehicle maintenance in Rajasthan?
A:
- Drivers must proceed to the destination named by the hirer by the shortest and quickest route unless there is a reasonable cause to do otherwise.
- They must not demand or accept fares in excess of what they are legally entitled to.
- Drivers must exercise reasonable care and diligence to maintain their vehicle in a fit and proper condition and should not drive with defective brakes, tyres, or lamps, or insufficient fuel.
- They must behave in a civil and orderly manner, not smoke while on duty, and maintain a clean and sanitary vehicle.
Q: What are the uniform and appearance requirements for motor cab drivers?
A:
- Drivers must be cleanly dressed in a khaki bush-shirt or coat with four pockets with flaps, khaki full pants, and a khaki peak-cap with a black peak or a khaki turban.
- If drivers are performing emergency duties or receiving training, they may be exempted from these uniform requirements by a general or special order from the government.
Q: What are the rules regarding the carriage of persons suffering from infectious or contagious diseases in motor cabs?
A:
- Drivers must not allow any person suffering from an infectious or contagious disease or the corpse of such a person to be carried in the vehicle unless a registered medical practitioner has applied in writing and no other passengers are in the cab at the same time.
- After carrying such a person or corpse, the driver must report the fact to the medical officer and vehicle owner, and ensure the vehicle is disinfected according to the medical officer's specifications before it is used again.
Q: What procedures should a driver follow if they find an item left by a passenger in their motor cab?
A:
- The driver must search the vehicle for any items left by passengers at the conclusion of a journey.
- They should take custody of any found items and as soon as possible, hand them over to a responsible employee of the permit holder or to the officer in charge of the nearest police station.
Q: What are the rules for taxi meters in motor cabs?
A:
- A taxi meter must not be set in motion before the motor cab is hired and should be stopped immediately upon reaching the destination.
- If the motor cab fitted with a taxi meter is unable to proceed due to a defect, the driver must lower the flag to the 'stopped' position and not restart the meter until the defect is remedied.
- The driver must not cover or obscure the taxi meter under any circumstances.
- The driver must not refuse to let the motor cab for hire when the flag is in a vertical position unless there is a reasonable excuse.
Q: What must a driver do if their driving authorization for a motor cab is suspended or revoked in Rajasthan?
A: The driver must surrender their badge to the issuing authority within seven days if their driving authorization is suspended, revoked, or ceases to be valid.
Q: What are the key responsibilities and conduct requirements for drivers of goods vehicles?
A:
- Driver's Seat Space: The driver must ensure that no person, animal, or object impedes their vision or control of the vehicle by occupying the space reserved for the driver’s seat.
- Vehicle Maintenance: The driver should maintain the vehicle in a fit and proper condition, avoiding driving with defective brakes, tyres, or lamps, or insufficient fuel.
- Freight Charges: The driver must not demand or accept any freight in excess of what is legally entitled.
- Compliance: The driver should observe all provisions of the Act and rules, behaving civilly towards hirers and intending hirers.
- Journey: The driver must not loiter or unduly delay; they should proceed to their destination promptly.
- Goods Protection: Reasonable precautions must be taken to prevent goods from being spoiled or lost.
- Uniform: The driver must be cleanly dressed in a khaki bush-shirt or coat with four pockets with flaps, khaki full pants, and a khaki cap or turban.
Q: What are the specifications for the driver's badge of transport vehicles?
A:
- Size and Issuance: The badge is a rectangular plastic badge measuring 10 cm x 6 cm. It is issued after police verification by the licensing authority in Form R.S. 2.1 A.
- Display: While on duty, the driver must display the badge on the left side of their chest and can hold only one badge.
- Fee and Replacement: Fees for issuing or replacing a lost, destroyed, or damaged badge are prescribed. A duplicate badge can be issued on application in Form R.S. 2.7.
- Transfer and Surrender: The badge must not be lent or transferred to another person. If found, it should be surrendered to the issuing authority or a police officer. If the driver’s authorization is suspended or revoked, the badge must be surrendered within seven days.
Q: What are the requirements for maintaining a Driving Licence Register?
A:
- Register Maintenance: Licensing Authorities must maintain separate registers for learner's licenses and driving licenses, including details such as date, name, address, date of birth, qualifications, vehicle class, fees, medical certificate, and endorsements.
- Licence Number Format: The licence number should include the year of issuance, state code (RJ), district code, and serial number.
- Monthly Reporting: Licensing Authorities must report information about licenses granted or renewed during the month by the 7th of the following month, including details on the holder, driving test, and license status.
- State Register: The State Register of Driving Licences, maintained by the Transport Commissioner’s office, should be in alphabetical order and sent to the Central Government’s Ministry of Surface Transport.
Q: What are the prescribed fees for licenses and other services?
A: The fees for various services under the chapter are specified in a table that is referred to but not detailed in the provided text. Generally, these fees cover applications, issuance, and renewal of licenses and badges. For exact figures, one would need to refer to the specific fee table or additional regulations provided in the chapter.
| Serial number | Purpose | Amount | Rule |
|---|---|---|---|
| 1. | In respect of appeal under rule 2.5 | 500.00 | 2.6 |
| 2. | In respect of medical certificate to be charged by the doctor | 15.00 | 2.7 |
| 3. | In respect of duplicate licence in Form 7 | 200.00 | 2.9,2.10,2.13,13.1 |
| 4. | In respect of Driover’s Badge or for duplicate badge | 300 | 2.26, 13.1 |
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