LegalCrystal – Blog

CHAPTER V

CONTROL OF TRANSPORT VEHICLES

66.  Necessity for permits.

(1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used:

Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage:

Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not:

Provided also that goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle for the carriage of goods for or in connection with a trade or business carried on by him.

(2) The holder of goods carriage permit may use the vehicle, for the drawing of any public or semi-trailer not owned by him, subject to such conditions as may be prescribed.

(3)  The provisions of sub-section (1) shall not apply

(a)  to any transport vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise;

(b) to any transport  vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes

(c)  to any transport  vehicle used  solely for police, fire brigade or ambulance purposes;

(d) to any transport vehicle used solely for the conveyance of corpses and the mourners accompanying the corpses;

(e)  to  any transport  vehicle used for towing  a  disabled vehicle orfor removing goods from a disabled vehicle to a place of safety;

(f)  to  any transport  vehicle used  for  any  other  public purpose as  may be prescribed by  the State Government in  this behalf;

(g)  to any transport vehicle used by a person who manufactures ordeals inmotor vehiclesor buildsbodiesfor attachment to chassis, solely for such purposes and in accordance with such conditions as the CentralGovernmentmay,by notificationintheOffical Gazette, specify in this behalf;

(h)  to any transportvehicle owned by, and used solely for the purposesof, any educational institution which is recognised by the Central or State Government or whose managing committee is a societyregistered underthe Societies Registration Act, 1860 (21 of 1860.) or under any law corresponding to that Act in force in any part of India;

(i)  to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms;

(j)  subjectto suchconditions asthe CentralGovernment may, bynotification inthe OfficialGazette, specify, to any transport vehiclepurchased inone Stateand proceedingtoa place, situatedin thatState orin anyother State,without carrying any passenger or goods;

(k)  to any transportvehicle whichhas beentemporarily registered undersection 43while proceeding empty to any place for the purpose of registration of the vehicle;

(l)  to any transportvehicle used for such purposes (other than plying for hire or reward) as the Central Government may, by notification in the Official Gazette, specify;

(m)  to anytransportvehiclewhich,owingtoflood, earthquake or any other natural calamity, obstruction on road, or unforeseen circumstances is requiredto be diverted through any other route,whether within or outside the State, with a view to enabling it to reach its destination;

(n)  to any transport vehicle used for such purposes as the Central or State Government may, by order, specify;

(o)  to any transportvehicle whichis subjectto a hire-purchase, lease or hypothecation agreement and which owing to the default of the owner has been taken possession of by or on behalf of, thepersonwithwhomtheownerhasentered intosuch agreement, to enable such motor vehicle to reach its destination; or

(p)  to any transportvehicle while proceeding empty to any place for purpose of repair.

CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES

3.  Necessity for driving license.

(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving license

CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES

3.  Necessity for driving license.

(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving license issued  to him authorising him  to drive  the vehicle; and no person shall  so drive  a transport  vehicle [other  than a  motor cab hired for  his own use or  rented under  any scheme  made under  sub-section (2)  of section  75] unless  his driving  license specifically entitles him so to do.

(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.

4.  Age limit in connection with driving of motor vehicles.

(1) No person under the age of eighteen years shall drive a motor vehicle in any public place:

Provided that a motor cycle without gear may be driven in a public place by a person after attaining the age of sixteen years.

(2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place.

(3) No learner’s license or driving license shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section.

5.  Responsibility of owners of motor vehicles for contravention of sections 3 and 4. No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle.

Restrictions on the holding of driving licenses

6.  (1) No person shall, while he holds any driving license for the time being in force, hold any other driving license except a learner’s license or a driving license issued in accordance with the provisions of section 18 or a document authorising, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle.

(2) No holder of a driving license or a learner’s license shall permit it to be used by any other person.

(3) Nothing in this  section shall prevent a licensing authority having the  jurisdiction referred  to in  sub-section (1) of section 9 from adding  to the  classes of  vehicles which  the  driving  license authorises the holder to drive.

7.  Restrictions on the granting of learner’s licenses for certain vehicles.

(1) No person shall be granted a learner’s license “

(a) to drive a heavy goods  vehicle unless  he has  held a driving license  for at  least two  years to drive a light motor vehicle or for at least one year to drive a medium goods vehicle;

(b) to  drive a  heavy passenger motor vehicle unless he has held a  driving license  for at  least two years to drive a light motor vehicle  or for  at  least  one  year  to  drive  a  medium passenger motor vehicle;

(c) to drive a  medium goods  vehicle or a medium passenger motor vehicle  unless he  has held a driving license for at least one year to drive a light motor vehicle.

(2) No person under the age of eighteen years shall be granted a learner’s license to drive a motor cycle without gear except with the consent in writing of the person having the care of the person desiring the learner’s license.

Grant of learner’s license

8.  (1) Any person who is not disqualified under  section 4  for driving  a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving license may, subject to  the provisions of section 7, apply to the licensing authority having jurisdiction in the area €“

(i)  in which he  ordinarily resides or carries on business, or

(ii)  in which the  school or  establishment referred  to in section 12  from where  he  intends  to  receive instruction  in driving a  motor vehicle  is situate,  for the  issue to him of a learner’s license.

(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such documents and with such fee as may be prescribed by the Central Government.

(3) Every application under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazette, appoint for this purpose.