Category Archives: Motor Vehicles Act

Maharashtra Motor Vehicles Rules 1989 – Chapter 4

REGISTRATION OF MOTOR VEHICLES

[42. Registering Authority.–

the Registering Authority shall be:–

(a) for Brihan Mumbai, the Regional Transport Officers having jurisdiction over the limits of the Mumbai Municipal Corporation limits;

(b) in the Thane region, for the Districts of Thane, Raigad, Sindhudurg and Ratnagiri the Regional Transport Officer, Thane;

(c) in the Kolhapur region, for the Districts of Kolhapur, Sangli and Satara the Regional Transport Officer, Kolhapur;

(d) in the Pune region, for the Districts of Pune and Solapur the Regional Transport Officer, Pune;

(e) in the Nashik region, for the Districts of Nashik and Ahmednagar the Regional Transport Officer, Nashik;

(f) in the Dhule region, for the Districts of Dhule, Jalgoan and Nandurbar the Regional Transport Officer, Dhule;

(g) in the Aurangabad region, for the Districts of Aurangabad, Jalna, Beed and Osmanabad the Regional Transport Officer, Aurangabad;

(h) in the Nanded region, for the Districts of Nanded, Parbhani, Latur and Hingoli the Regional Transport Officer, Nanded;

(i) in the Amravati region, for the Districts of Amravati, Buldhana, Yavatmal, Akola and Washim the Regional Transport Officer, Amravati;

(j) in the Nagpur (City) region, for the Municipal City Limits of Nagpur and Wardha District, the Regional Transport Officer, Nagpur (City);

(k) in the Nagpur (Rural) region, for the Districts of Nagpur (excluding Municipal City Limits) Gadchiroli, Chandrapur, Gondia and Bhandara the Regional Transport Officer, Nagpur (Rural).]1

43. Appellate Authorities.–

(1) The authority to hear appeals against any appellate order passed by the registering authority under Chapter IV of the Act shall be the Transport Commissioner.

(2) The authority to hear appeals against any order passed by any police officer or an Inspector of Motor Vehicles specified in Rule 52 shall be the registering authority having jurisdiction in the area.

(3) The authority to hear appeals against an order in respect of certificate of fitness under Section 56 read with Rule 45 shall be the registering authority having jurisdiction in the area, in which the order was passed.

44. Conduct and hearing of Appeals.–

(1) An appeal referred to in Rule 43 shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order of the registering authority or Inspector of Motor Vehicles or the Police Officer, as the case may be, and shall be accompanied by fee of [One hundred and fifty]2 rupees in cash or stamp and a certified copy of that order. If the appeal succeeds, the Transport Commissioner Maharashtra State, or the registering authority concerned, as the case may be, may refund the fees in whole or in part, as he thinks fit.

(2) The appellate authority, after giving an opportunity to the parties to be heard and after such further enquiry, if any, as it may deem necessary, may confirm, vary or set aside the order of the registering authority or the Inspector of Motor Vehicles or the Police Officer, as the case may be, and shall make on order accordingly.

(3) Any person preferring an appeal under the provisions of Chapter IV of the Act shall be entitled to obtain a copy of any document filed with the registering authority in connection with any order against which he is preferring an appeal on the payment of a fee calculated at the rate of [fifteen]3 rupees for first page and [three]4 rupees for each additional page for each copy of document.

(4) Subject to the provisions of sub-rule (3), the Transport Commissioner or the registering authority may give may person interested in appeal preferred under Chapter IV of the Act, copies of any document connected with the appeal, on payment of a fee calculated at the rate of ten rupees for the first page and two rupees for each additional page per copy of each document.

45. Issue and renewal of certificate of fitness.–

(1) Certificate of fitness shall be issued or renewed by the officer of the Motor Vehicles Department not below the rank of an Inspector of Motor Vehicles or an authorised testing station, specified by State Government under sub- section (2) of Section 56 of the Act.

(2) An application for issue or renewal of certificate of fitness shall be made in Form C.F.A. of the First Schedule to these rules to the Officer or the authorised testing station in whose jurisdiction the vehicle is normally kept.

(3) The office of the Motor Vehicles Department or the authorised testing station by whom the certificate of fitness was last renewed may endorse thereon the date, time and place appointed for the next inspection of the vehicle and the owner shall cause the vehicle to be produced accordingly before the concerned authority or any authorised testing station located in the jurisdiction of the officer endorsing the certificate, as specified by the State Government.

(4) If the owner finds that the vehicle cannot be produced for the next inspection on the date endorsed on the certificate of fitness, he shall apply to the officer of Motor Vehicles Department, not less than 15 days before the aforesaid date, for a change in the date of inspection, stating the reasons thereof. If the next date is given by the authorised testing station, the owner of the vehicle shall apply, for the change in the date of inspection stating the reasons, to an officer not below the rank of Assistant Regional Transport Officer, in whose jurisdiction the vehicles is normally kept and such Assistant Regional Transport Officer if satisfied, may specify the next date before which the vehicle should be produced for inspection before any authorised testing station in his area or jurisdiction or before him.

(5) If no date, time and place for the next inspection is endorsed on the certificate of fitness as provided for in sub-rule (3) an application for the renewal of a certificate of fitness shall be made in Form C.F.R.A. of the First Schedule to these rules, not less than one month before the date of expiry of the certificate and the owner of a vehicle in respect of which such application is made shall cause the vehicle to be produced for inspection on such date and at such time and place as the Inspector of Motor Vehicles or authorised testing station may appoint. If the owner fails to make the application and produce the vehicle for inspection on or before the date aforesaid, he shall be liable to pay the full fee prescribed under clause (c) of Section 4 in addition to the usual fee chargeable for inspection, and on payment of such fee, a new certificate of fitness may be issued to him.

(6) If, owning to mechanical break-down or other cause, a motor vehicle, after the expiry date of the certificate, remains outside the area in which the officer of the Motor Vehicles Department by whom the certificate is to be renewed has jurisdiction, the officer of the Motor Vehicles Department may, without prejudice to any penalty to which the owner or driver may have become liable, and if the vehicle in his opinion fit for use, make an endorsement in Form C.F. of the First Schedule subject to such condition as he may specify, and authorise its continued use for such time as may reasonably be necessary for the vehicle to return to the area of said officer and the vehicle may be driven to such area in accordance with such endorsement but shall not be used after return without renewal: Provided that, no authorised testing station situated out side the area of jurisdiction in which the owner should have obtained the certificate of fitness, shall issue such authorisation to any vehicle under this sub- rule.

(7) If a vehicle is damaged at any time so as to be unfit for ordinary use and may, in the opinion of any Inspector of Motor Vehicles, be safely driven at a reduced speed to a place of repairs, and if such Inspector is satisfied that it is necessary that the vehicle should be so driven, he may endorse in Form C.F. of the First Schedule and specify the time, speed and other conditions if any, subject to which the vehicle may be driven to a specified destination for thepurposes of repairs.

(8) When a certificate of fitness has been issued by a prescribed authority then the Inspector of Motor Vehicles shall be the authority for the purposes of cancellation of the certificate under sub-section (4) of Section 56:

Provided that, the certificate of fitness issued by the authorised testing station shall not be cancelled under this sub-rule by an officer below the rank of Assistant Regional Transport Officer:

Provided further that, the above proviso shall not apply to the vehicles involved in an accident.

(9) The authority mentioned in sub-rule (8) of this rule, cancelling the certificate of fitness shall give the owner or other person in charge of the vehicle, a notice in Form C.F.C. of the First Schedule to these rules, and shall along with a report of his action forward the certificate of fitness, certificate of registration and permit, if any, to the registering authority under whose direction and control he may be: Provided that, if the certificate of fitness issued by the authorised testing station is to be cancelled, an officer not below the rank of Assistant Regional Transport Officer shall send a copy of this notice to the authorised testing station by whom the certificate of fitness was issued.

After the authority has cancelled the certificate of fitness, such authority after making an endorsement of fitness, such authority after making an endorsement in Form C.F.X. of the First Schedule to these rules, specify the time and the conditions subject to which the vehicle may be driven to a specified destination for the purpose of repair.

(10) Nothing in sub-rule (8) shall debar the owner or the person in charge of the vehicle, the certificate of fitness of which has been cancelled from applying at any time for the restoration of the certificate of fitness if the vehicle has been repaired in such a manner that the provisions of the Act and the rules made thereunder are complied with. If such a vehicle is inspected and passed within fourteen days of the date of cancellation of the certificate of fitness but before the date of expiry specified in such certificate, norestoration fee shall be charged. If, however, the vehicle is brought for inspection at any later time, fresh certificate of fitness shall be required: Provided that, notwithstanding anything contained in this rule, the renewal fee in such a case shall be in addition to the usual fee as prescribed by the Central Government chargeable for inspection.

(11) While inspecting a motor vehicle, the authority or the authorised testing station shall fill in Form M.V. Ins. Of the First Schedule to these rules in duplicate, and shall, on completion of inspection deliver the original copy to the owner or his driver.

46. Loss or destruction of certificate of fitness.–

(1) If a certificate of fitness is lost or destroyed, the owner of the vehicle shall forthwith report the matter to the authority by whom the certificate was issued or last renewed and shall apply for a duplicate certificate in Form C.R.L.D. of the First Schedule to these rules with a fee as prescribed by the Central Government by rules.

(2) Upon receipt of intimation of the loss or destruction of a certificate of fitness, the authority shall furnish the owner with a duplicate copy of the duly stamped “Duplicate” in red ink.

(3) Where a duplicate certificate of fitness has been issued upon representation, that a certificate of fitness has been lost and the original certificate of fitness is afterwards found or received by the holder, the holder shall immediately return the duplicate certificate of fitness to the registering authority or the authorised testing station.

(4) Any other person finding a certificate of fitness shall deliver it to the rearest police station or nearest registering authority. The officer-in-charge of the police station, on receipt of the certificate of fitness shall immediately forward to the nearest registering authority. The registering authority shall restore the certificate of fitness to the holder of the certificate of fitness in case the duplicate certificate of fitness has not been issued and shall substitute it for the duplicate in case such a duplicate has already beenissued.

47. Torn or defaced certificate of fitness.–

(1) If at any time it appears to the registering authority or the authorised testing station that the certificate of fitness is so torn or defaced in any way as to cease to be reasonably legible, he may impound such certificate, and direct the owner to apply in Form C.R.L.D. of the First Schedule to these rule, for a duplicate certificate.

(2) Upon receipt of an application under sub-rule (1) in Form C.R.L.D. of the First Schedule to these rules together with a fee of [fifty]5 rupees, the Inspector of Motor Vehicles or the Authorised Testing Station shall issue a duplicate certificate of fitness clearly stamped “Duplicate” in red ink.

48. Temporary registration.–

(1) An application for temporary registration shall be in Form C.R. Tern. A. Of the First Schedule to these rules.

(2) A temporary certificate of registration shall be in Form C.R. Tem. of the First Schedule to these rules, and shall ordinarily be valid for a period notexceeding one month.

[Provided that, where a motor vehicle so temporarily registered is a chassis to which a body has not been attached and the same is detained in the workshop beyond the said period of one month for being fitted with a body, the said period may be extended on payment [of a fee prescribed in the Table given below]6 per calendar month or part thereof, for such further period or periods as the registering authority may allow.]7

8[TABLE

Serial No. (1) Type of Motor Vehicle (2) Fee in Rupees (3)
1. Two Wheeler 50
2. Light Motor Vehicle 100
3. Medium goods vehicle or medium passenger motor vehicle 200
4. Heavy goods vehicle or heavy passenger motor vehicle. 300

(3) The authority granting a temporary certificate of registration shall in cases where the registration under Section 40 is proposed to be effected by another authority forward to the latter a copy of Form C.R. Tem. of the First Schedule.

(4) Any officer approved by name, of a manufacturer of motor vehicles and any officer of a State Transport Undertaking in respect of motor vehicles on the chassis whereof new bodies are built by it shall also be competent to grant a temporary certificate or registration under this rule:

Provided that, the Transport Commissioner, Maharashtra State, shall not give such approval in writing to an officer of a manufacturer unless he is satisfied that the manufacturer, manufacturers a substantial number of motor vehicles, and the vehicle is proceeding immediately on registration to a place outside the region: Provided further that, the powers conferred by this sub-rule shall not be exercised in respect of any vehicle, which is a tractor-trailer combination of a rigid frame having more than two axles, and has dimensions exceeding those prescribed in these rules, or a vehicle the unladen weight of which exceeds the laden weight limits specified for the time being under Section 115.

(5) The authority granting a temporary certificate of registration shall assign a temporary registration mark to the vehicle and the owner shall cause the said mark to be affixed to the front and rear of the vehicle in the manner prescribed by the Central Government.

9[(6) (i) The temporary registration mark shall be assigned by the registering authority as follows:–

“The registration mark shall consist of the State Code i.e., ‘MH’, followed by the code number of the registration authority and shall be followed by the temporary registration mark indicated by letters ‘T.R.’ and number running upto 3 digits e.g. temporary registration mark to be assigned by say Regional Transport Officer, Bombay (C), shall be displayed as follows:–

MH 01/T.R.-1999

After exhaustion of this series, a fresh series with alphabet ‘A’ shall start. This shall be [succeeded]10 by ‘B’ and so on except alphabets ‘I’ and ‘O’.”

(7) In case of imported vehicles brought into the State, the owner of the motor vehicle shall apply in From C.R. Tem. A of the First Schedule to the nearest registering authority along with Bill of Entry.

(8) Whenever there is an application for a temporary registration of a vehicle, it shall not be necessary to produce the vehicle before the registering authorities.

(9) The records of the prescribed authority maintained for the purpose of issue of temporary certificates of registration marks, shall be open for inspection at all reasonable time, by any police officer not below the rank of Sub-Inspector and by any officer of the Motor Vehicles department not below the rank of Inspector.

49. Failure to apply for renewal of registration of motor vehicles other than transport vehicle.–

Failure of the owner in making an application for renewal of certificate of registration under sub-section (8) of Section 41 may result in the registering authority requiring the owner to pay twenty-five rupees per calendar month or part thereof as composition fee:

Provided that the total amount payable shall not exceed one hundredrupees.

50. Exemption from payment of registration fee.–

(1) Such foreign consular officers, or such international officers, or such international organisations or associations (being bodies which in the opinion of the State Government are engaged in the development of economic resources and production capacities of the country) and their officers as may be notified by a general or special order of the Government in respect of the Motor Vehicles belonging to them.

(2) Owners of,–

(i) tractors intended to be used solely for agricultural purposes;

(ii) motors, ambulance and hearse and other motor vehicles designed and intended to be used exclusively for affording free medical and other relief;

(3) Any Government in respect of motor vehicles belonging to it shall be exempted from payment of registration fee payable under Chapter IV of the Act.

[50-A. Exemption from payment of fitness certificate fees.–

Any Government shall be exempted from payment of fitness certificate fee in respect of motor vehicles belonging to it, payable under Rule 81 of the Central Motor Vehicles Rules, 1989.]11

51. Loss or destruction of certificate of registration.–

(1) When a duplicate certificate of registration has been issued upon representation that a certificate of registration has been lost and the original certificate of registration is afterwards found or received by the holder, the holder shall immediately return the duplicate certificate of registration to theregistering authority.

(2) Any other person finding a certificate of registration shall deliver it to the nearest police station or nearest registering authority. The Officer-in-charge of the police station on receipt of the certificate of registration shall immediately forward it to the nearest registering authority. The registering authority shall restore the certificate of registration to the holder of the certificate of registration or substitute it for the duplicate in case such a duplicate has already been issued.

(3) If the registering authority who impounds such certificate is not the authority by whom the certificate was issued or the fresh registration mark was assigned, it shall intimate such action to the authority by whom the certificate was issued or the fresh registration make was assigned, as the case may be.

[51-A. Manner of delivery of certificate of registration.–

(a) On and from the date specified by an order issued in this behalf by Transport Commissioner, every certificate of registration issued either, fresh or renewed, duplicate thereof, or issued as a consequence of any change in the details of such certificate of registration, shall be delivered by Registered Post Acknowledgment Due (RPAD) to the owner of the motor vehicle, at the address specified on such certificate of registration,

(b) different dates may be specified for different offices for the purpose; and

(c) fee of Rs. 50 shall be recovered towards the delivery charges from the applicant per certificate of registration so delivered under sub-rule (a) above, in advance.]12

52. Authority to suspend certificate of registration and examination of Vehicles.–

(1) Any police officer not below the rank of an Inspector of Police or an Inspector of Motor Vehicles may suspend the registration of a motor vehicle under clause (b) of sub-section (1) of Section 53.

(2) Any officer of the Motor Vehicles Department, not below the rank of an Assistant Inspector of Motor Vehicles, may stop any motor vehicle, the use of which in a public place, in his opinion, is likely to constitute danger to the public and examine such vehicle on a road, or subject to the consent of the owner of the premises, or any premises where the vehicle is kept for the time being.

[53. Amount in lieu of [action]13 for failure to give timely intimation under sub-section (2) of Section 49 and sub-section (3) of Section 50.–

The amount payable by any person in lieu of action for failure to give timely intimation about [change of address and]14 transfer of ownership as required, shall be at the rate of twenty-five rupees per calendar month or part thereof by which the giving of such intimation is delayed by such person, provided that the amount so payable shall not exceed one hundred rupees.]15

54. Assignment of new registration mark.–

(1) Application for a new registration mark under sub-section (1) of Section 47 shall be in the form prescribed by the Central Government.

(2) The registering authority shall, before assigning a registration mark under sub-section(1) of Section 47 or before entering the particulars of transfer of ownership of a motor vehicle in the certificate of registration, require the owner or, as the case may be, the transferee, to produce the motor vehicle before itself or before the Inspector of Motor Vehicles, in order that the registering authority may satisfy itself that the particulars of the vehicle recorded in the certificate of registration are correct and the vehicle complies with the provisions of these rules.

(3) The owner of a motor vehicle, which is registered in one State and isbrought into or is for the time being kept in the State of Maharashtra, shall intimate to the registering authority in whose jurisdiction the vehicle is kept for use in Form F.T. of the First Schedule within seven days from the date of entry of the motor vehicle in the State.

(4) If the owner of the motor vehicle or the person in possession of the motor vehicle fails to apply for the assignment of new registration mark under sub- section (1) of Section 47 of the Act, he shall be liable to pay the amount of fifty rupees for the default for first month and twenty-five rupees for the default of subsequent months, if continued:

Provided that, the amount payable under this rule in lieu of [action under Section 177 of the Act]16, shall not exceed one hundred rupees.

(5) The registering authority assigning a new registration mark to a motor vehicle, shall be in Form R.M.I. of the First Schedule appended to these rules, and shall intimate the registering authority which originally issued the certificate of registration, that a new registration mark has been assigned to the motor vehicle and call for the records of registration of vehicle or certified copies thereof. The registering authority shall simultaneously inform the owner and the other party, if any, to an agreement of hire- urchase, specified in the note appended to the certificate of registration of such new registration mark.

[54-A. Allotment of Registration Mark.–

(1) The Registration Mark to vehicles be assigned, shall be as per the notification issued by the Central Government under sub-section (6) of Section 41 of the Act.

(2) On receipt of an application in the prescribed Form 20 of the Central Motor Vehicles Rules, 1989, the registering authority shall assign the registration number which falls in serial order after the last registration mark assigned subject to the provisions of the following sub-rules,–

[(i) The Registering Authority shall not inter change the assignment of registration mark from one series decided by them to another:Provided that, the Transport Commissioner may give an order in writing for such registration marks on the recommendation of the Registering Authority after the payment of fees which is three times the fees prescribed in clause (iv) of this sub-rule.

(ii) Unless a registration series of a particular class or category of vehicles is exhausted, no new registration series shall be started by the Registering Authority for the same class or category: Provided that, the Transport Commissioner may, give an order in writing to start a new series by assigning registration mark 0001, on the recommendation of the Registering Authority for which the applicant will have to pay the fee which is three times fees mentioned in clause (iv) of this sub-rule. The applicant, who desires to obtain the registration mark in this series will have to pay the fees at the rate of three times of that mentioned in clause (iv) till the exhaustion of the original series.

(iii) The Registering Authority may assign any registration series, as may be considered necessary to the vehicles of the Government. No new registration series shall be opened for Government vehicles, unless the existing registration series if exhausted: Provided that, the registration numbers mentioned in clause (iv) of this sub-rule shall be allotted to the Government vehicles only from the series reserved for the Government vehicles, and which have been allowed to fit the red or amber light on top of the vehicles, and to the vehicles used by the Head of Department, without payment of any fees. For the rest of the Government vehicles, the registration marks shall be assigned serially:

Provided further that, the Registering Authority may allot unused registration mark mentioned in clause (iv) from the exhausted motor car registration series to the motor cars belongs to the Government, which have allowed by theGovernment to fit the red or amber light on the top of the vehicle and to the vehicles used by the Head of Departments, with the prior permission, from the Transport Commissioner in individual case, without payment of any fees.

(iv) The Registering Authority shall reserve a registration mark to the owner of a motor vehicle of his choice from amongst the registration mark on payment of fees as specified below, namely:–

Serial No.(1) Registration Number (2) Other than two and three wheelers and transport vehicles (3) Two and three wheelers and transport vehicles (4)
1 1 100000 25000
2 9, 99, 111, 222, 333, 444, 555, 666, 777, 786, 888, 999, 1111, 2222, 3333, 4444, 5555, 6666, 7777, 8888, 9999 50,000 10,000
3 2, 3, 4, 5, 6, 7, 8, 10, 11, 22, 33, 44, 55, 66, 77, 100, 123, 234, 345, 456, 500, 505, 678, 900, 1000, 1234, 1515, 1818, 2345, 2525, 2727, 3456, 3636, 4545, 4567, 5000, 5454, 5678, 6363, 6789, 7272, 8181, 9000, 9090. 25,000 5,000
4 88, 101, 200, 202, 300, 303, 400, 404, 567, 600, and 606, 700, 800, 808, 909, 1001, 1010, 1011, 1112, 1212, 1213, 1221, 1313, 1314, 1331, 1414, 1415, 1516, 1616, 1617, 1717, 1718, 1819, 1919, 1920, 2000, 2020, 2021, 2121, 2323, 2324, 2424, 2425, 2526, 2627, 2728, 2828, 2829, 2929, 3233, 3434, 3435, 3535, 3536, 3737, 3738, 3838, 3839, 3939, 3940, 4000, 4040, 4041, 4141, 4142, 4242, 4243, 4343, 4344, 4546, 4646, 4647, 4747, 4748, 4848, 4849, 4949, 5005, 5050, 5051, 5151, 5152, 5252, 5253, 5353, 5455, 5656, 5657, 5757, 5758, 5858, 5859, 5959, 5960, 5995, 6000, 6060, 6061, 6161, 6162, 6262, 6263, 6364, 6465, 6565, 6566, 6767, 6768, 6868, 6869, 6969, 6970, 7000, 7007, 7070, 7071, 7171, 7172, 7273, 7373, 7374, 7474, 7475, 7575, 7576, 7676, 7677, 7878, 7879, 7979, 7080, 8000, 8008, 8080, 8081, 8182, 8282, 8283, 8383, 8384, 8484, 8485, 8585, 8586, 8686, 8687, 8787, 8788, 8989, 8990, 9091,9191, 9192, 9292, 9293, 9393, 9394, 9494, 9495, 9595, 9596, 9696, 9697, 9797, 9798, 9898. 7,500 4,000
5 Additional charge for any number. More than 1000 from the last serial number 5,000 3,000
6 Additional charge for any number than is a non- serial number i.e. jumping number upto 1000. 3,000 2,000

(v) The registration numbers once reserved shall not be transferable and shall be allotted strictly on the principle of First Come First Basis. (vi) The number reserved shall be allotted on production of a vehicle along with the application in Form 20 of the Central Motor Vehicle Rules, 1989. The reservation of the registration number shall be cancelled if the vehicle is not produced within 30 days from the date of reserving the registration number and the number so cancelled can be allotted to any other person by registering authority who makes an application along with the fees prescribed [under sub-rule (iv) of this rule]17.

[(3) If a owner prefers to remain a Registration Mark assigned under sub-section (6) of Section 41 of the Act, after the sale or scrapping of that vehicle, he can retain the original registration mark to the new vehicle, purchased by him on payment of fee prescribed under clause (4) of sub-rule (2). The new Registration Mark will be assigned to the original vehicle purchased by the new owner.]18 ]19

55. Exemption of road plant.–

Nothing contained in Chapter IV of the Act, shall apply to road rollers, gradersand other vehicles designed and used solely for the construction, repair and cleaning of roads.

56. Supply of copies of particulars of registration.–

A registering authority may, in his discretion supply copies of the particulars of any motor vehicle registered in the records maintained by him to any person who may apply for the same.

[For every such copy in respect of each vehicle involved in an accident, a fee of rupees twenty shall be charged, and in respect of each vehicle in any other case a fee of rupees fifty]20 shall be charged: Provided that, the State Government may, if it is of opinion that it is in the public interest so to do, by general or special order,–

(a) exempt any Government Department, Local Authorities, Associations, or bodies of individuals from payment of the fee chargeable under this rule; or

(b) reduce the fee payable by any such departments, local authorities, associations or bodies of individuals to such extent as may be specified in the order.

57. Notice of alteration of motor vehicle under sub-section (1) of Section 52.–

(1) The notice by the owner of a motor vehicle to the registering authority in accordance with sub-section (1) of Section 52 shall be in Form B.T.I. of the First Schedule to these rules.

(2) The registering authority may, on receipt of such notice require the owner of a motor vehicle to produce the certificate of registration in respect of the vehicle before him or his nominee, within seven days from the date on which such requisition was made, for the purpose of the revision of the entries therein.

58. Intimation regarding stolen or recovered motor vehicles.–

(1) An officer-in-charge of the police station where the theft of a motor vehicle is reported by the owner or any other person in possession of the vehicle, shall, immediately after the registration of an offence send intimation to the State Transport Authority, Maharashtra State or the officer authorised by the State Transport Authority in Form M.V.T. of the First Schedule and send a copy thereof to the registering authority where the vehicle is registered.

(2) If the police station mentioned in sub-rule (1) is located in the jurisdiction of the Commissioner of Police, Bombay, the Police Officer shall also simultaneously send one copy of intimation of Form M.V.T. to all other registering authorities located in Greater Bombay.

(3) On receipt of this intimation under sub-rule (1), the Transport Commissioner, shall inform all the registering authorities the details of the stolen vehicle in Form M.V.T.R. of the First Schedule.

(4) The Transport Commissioner shall also maintain a register of stolen vehicles in Form M.V.T. Reg. (T) of the First Schedule.

(5) The registering authorities shall maintain the register of stolen vehicles in Form M.V.T. Reg. (R) on the basis of the intimation received from the Transport Commissioner or from the Police Officer, as the case may be.

(6) If the vehicle reported to be stolen is recovered, the police station which has recovered the vehicle shall intimate the fact in Form M.V.T. to the State Transport Authority and the relevant registering authority.

(7) Upon receipt of intimation under sub-rule (6), the Transport Commissioner and the registering authority shall take a note of such recovery in the register maintained in Forms prescribed under sub-rules (4) and (5).

59. Maintenance of State Registers of Motor Vehicles.–

(1) The Registering Authorities shall maintain a State Register of motor vehicles in such Form prescribed by the Central Government.

(2) This register may be either in bound book form or on computer disc or tape. (3) As soon as the vehicle is registered, the necessary entries shall be taken up or entered in the State Register of motor vehicles.

(4) The State Register for motor vehicles shall be maintained according to the class of the vehicle that is to say, transport non-transport and also if the registration of all types of vehicles is in large number according to the detail classification of the vehicles that is, to say two wheeler, cars, goods carrier, tractors, etc. as decided by the registering authority.

1Rule 42 was substituted by G.N. of 8.1.2008, Sec. 4.

2Substituted by G.N.H.D. No. MVR 0298/1531/CR-91/TRA-2 dated 30.7.1999.

3Substituted by G.N.H.D. No. MVR 0298/1531/CR-91/TRA-2 dated 30.7.1999.

4Substituted by G.N.H.D. No. MVR 0298/1531/CR-91/TRA-2 dated 30.7.1999.

5Substituted by G.N.H.D. MVR 0298/1531/CR-91/TRA-2 dated 30.7.1999.

6These words were substituted for the words “by the owner a fee of rupees fifteen” by G.N. of

27.9.2007, Sec. 2(a).

7Proviso was added by G.N.H.D. No. MVR 0189/CR-1043/TRA-2, dated 6.7.1991, M.G.G., Pt. IV-A Ex.

1991 p. 405.

8Table was added by G.N. of 27.9.2007, Sec. 2(b).

9Substituted by G.N.H.D. No. MVR 0189/CR-1043/TRA dated 6.7.1991 M.G.G. Pt. IV-A Ex. 1991 p.

405.

10This word was substituted by corrigendum No. MVR 0189/CR-1043/TRA-2, Dated 2.11.1992.

11Rule [50-A] was Substituted by corrigendum No. MVR 0189/CR- 1043/TRA-2, dated 2.11.1992

(M.G.G., Pt. IV-A, p. 942.

12Rule 51-A was inserted by G.N. H.D. No. MVR 0110/06/CR-16/TRA- 2, dated 8.10.2010.

13This word was Substituted for the word “section” by corrigendum No. MVR 0189/CR-1043/TRA-2,

Dated 2.11.1992.

14These words were inserted by G.N., H.D. No. MVR-0189/CR-1043/TRA-2, dated 6.7.1991 (M.G.G.,

Pt. IV-A, p. 405.

15Substituted by G.N. No. MVR-0189/CR-1043/TRA-2, dated 6th July, 1991 M.G.G., Pt. IV-A, Ex.,

1991, p. 405.

16For the words and figures “action under Section 117 of the Act”, these words were subs, by G.N.

No. MVR 0189/CR-1043/TRA-2, dated 6th July, 1991 M.G.G., Pt. IV-A 1994 Ex. p. 405.

17These words were substituted for the words “under sub-rule (iii)” by G.N. of 12.12.2007.

18Sub-rule (3) was added by G.N. H.D. No. MVR 0408/872/CR-212/TRA-2, dated 13.9.2010.

19Rule ’54-A’ was added by G.N. No. MVA 0199/28/CR-2/TRA-2, dated 20.4.1999 M.G.G., Pt. IV-A p.

429.

20These words were substituted for the words “For every such copy in respect of ten or less number of

vehicles, a fee of rupees twenty” by G.N. of 10.3.2011.

Maharashtra Motor Vehicles Rules 1989 – Chapter 3

LICENSING OF CONDUCTORS OF STAGE CARRIERS

[26. Licensing authority.–

The Licensing Authority for the purposes of Chapter III of the Act, shall be,–

(a) for Brihan Mumbai, the Regional Transport Officers having jurisdiction over the limits of the Mumbai Municipal Corporation limits;

(b) in the Thane region, for the Districts of Thane, Raigad, Sindhudurg and Ratnagiri the Regional Transport Officer, Thane;

(c) in the Kolhapur region, for the Districts of Kolhapur, Sangli and Satara the Regional Transport Officer, Kolhapur;

(d) in the Pune region, for the Districts of Pune and Solapur the Regional Transport Officer, Pune;

(e) in the Nashik region, for the Districts of Nashik and Ahmednagar the Regional Transport Officer, Nashik;

(f) in the Dhule region, for Districts of Dhule, Jalgoan and Nandurbar the Regional Transport Officer, Dhule;

(g) in the Aurangabad region, for the Districts of Aurangabad, Jalna, Beed and Osmanabad the Regional Transport Officer, Aurangabad;

(h) in the Nanded region, for the Districts of Nanded, Parbhani, Latur and Hingoli the Regional Transport Officer, Nanded;

(i) in the Amravati region, for the Districts of Amravati, Buldhana, Yavatmal, Akola and Washim the Regional Transport Officer, Amravati;

(j) in the Nagpur (City) region, for the Municipal City Limits of Nagpur and Wardha Districts, the Regional Transport Officer, Nagpur (City);

(k) in the Nagpur (Rural) region, for the Districts of Nagpur (excluding Municipal City Limits) Gadchiroli, Chandrapur, Gondia and Bhandara the Regional Transport Officer, Nagpur (Rural).]1

27. When driver or any person can act as conductor without licence.–

(1) Where in an emergency it becomes difficult for the permit-holder to provide for a conductor for his stage carriage, or where a conductor on duty, for reason beyond his control, cannot perform his duties, the driver of a stagecarriage may for a period not exceeding one month, act as a conductor of a stage carriage without holding a conductor’s licence under sub-section (1) of Section 29.

(2) Any person, other than a driver of a stage carriage may act as a conductor without holding a conductor’s licence, for a period not exceeding one month, subject to the following conditions, namely:–

(a) he intimates his intention to do so to the licensing authority within whose jurisdiction he intends to act as a conductor in Form L. Con. Int. of the First Schedule to these rules;

(b) he is not disqualified for holding a conductor’slicence;

(c) he has not on previous occasions acted as a conductor without a licence for a total period exceeding one month.

28. Application for grant of conductor’s licence.–

(1) An application for a conductor’s licence as required by sub-section (1) of Section 30 shall be made in Form L. Con. A of the First Schedule to these rules and shall be accompanied by a medical certificate from a Medical Practitioner authorised by the Transport Commissioner to issue such certificate, in Form M.C. Con. of the First Schedule to these rules and the fees provided under sub- section (5) of Section 30.

(2) Upon the receipt of an application for a conductor’s licence, the licensing authority on making such enquiries as may reasonably be necessary to establish the identity of the applicant and on ascertaining that the applicant is not disqualified under Section 31 of the Act for holding or obtaining a conductor’s licence, may issue such licence in Form L. Con. of the First Schedule to these rules for a period of three years.

29. Qualification for grant of conductor’s licence.–

No person shall be granted a conductor’s licence unless he satisfies thelicensing authority that,–

(i) he has adequate knowledge of the provisions of the Act and rules made thereunder relating to the duties and functions of a conductor;

(ii) he possesses a good moral character; and

(iii) he has passed Secondary School Certificate examination or an equivalent or higher examination and possesses working knowledge of the language or languages of the area in which he intends to work as a conductor:

Provided that, clause (iii) shall not apply to persons who have obtained conductor’s licence before the date of coming into force of the Maharashtra Motor Vehicles Rules, 1989.

30. Change of residence.–

The holder of a conductor’s licence shall, except in the case of a temporary absence not involving a change of residence for a period exceeding three months, report any change of his temporary or permanent address as notified on the licence to the licensing authority by whom the licence was last renewed.

31. Renewal of conductor’s licence.–

(1) An application for the renewal of a conductor’s licence shall be made in Form L. Con. R. of the First Schedule to these rules and shall be accompanied by conductor’s licence, and the fees provided for in sub-section (5) of Section 30.

(2) Upon receipt of an application for the renewal of a conductor’s licence, the licensing authority may, after making such enquiries as it may deem necessary, renew the licence.

(3) A licensing authority renewing conductor’s licence shall intimate the fact of renewal in Form L. Con. RR. of the First Schedule to these rules to the licensing authority by whom the licence was issued.

32. Appellate Authority.–

(1) The authority empowered under subsection (2) of Section 33 and under sub-section (4) of Section 34 to hear appeals against the order of the licensing authority shall, in Greater Bombay, be the Transport Commissioner and elsewhere, the District Magistrate of the district in which the aggrieved person ordinarily resides.

33. Conduct and hearing of appeals.–

(1) An appeal under Rule 32 shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order of the licensing authority, and shall be accompanied by a fee of twenty rupees in cash and a certified copy of that order.

(2) When an appeal is preferred, a notice shall be issued to the authority against whose order the appeal is preferred in such form as the appellate authority may direct.

(3) The appellate authority may give to the parties copies of any document connected with the appeal, on payment of fee (calculated at the rate of [fifteen]2 rupees for the first page and [three]3 rupees for each additional page of each copy) of each document.

(4) The appellate authority may, after giving an opportunity to the parties to be heard and after such further enquiry, if any, as it may deem necessary, pass such order as it thinks fit and an order passed by any such authority shall binding on the parties.

34. Duties and conduct of conductors of stage carriage.–

The conductor of a stage carriage,–

(i) shall, as far as may be reasonably possible, having regard to hisduties, be responsible for the due observance of the provisions of the Act and of these rules;

(ii) shall not smoke while on duty;

(iii) shall behave in a civil and orderly manner to passengers and others;

(iv) shall be cleanly dressed and shall wear khaki shirt or khaki bush-shirt and khaki trousers of police pattern of khaki colour:

Provided that, nothing in this clause shall apply to persons lawfully working as conductors in accordance with Rule 27:

[Provided further that, the State Government on considering any special reasons may, by order in the Official Gazette, allow conductors of such vehicles to wear any special uniform as may be specified in such order, other than the uniform specified in this clause.]4

(v) shall maintain the vehicle in a clean an sanitary condition;

(vi) shall not solicit customers save in a civil and quiet manner;

(vii) shall not interfere with persons mounting or preparing to mount upon any other vehicle;

(viii) shall not allow any person to be carried in any stage carriage in excess of the seating capacity specified in the certificate of registration of the vehicle and any additional number of passengers permitted under the terms of the permit to be carried standing in the vehicle;

(ix) shall not, save for good and sufficient reason, refuse to carry any person tendering the legal fare;

(x) shall not allow any passenger to be carried in any stage carriage without payment of the legal fare;

(xi) shall where goods are carried on a vehicle in addition to passengers, take all reasonable precautions to ensure that passengers are not endangered or unduly inconvenienced by the presence of goods;

(xii) shall not, save for good and sufficient reason, require any person who has paid the legal fare to alight from the vehicle before the conclusion of the journey;

(xiii) shall not loiter or unduly delay upon any journey but shall proceed to his destination as near as may be in accordance with the time-table, with all reasonable despatch;

(xiv) shall, in the event of the vehicle being unable to proceed to its destination on account of mechanical breakdown or other causes beyond the control of the driver or conductor, arrange to convey the passengers to their destination in some other similar vehicle, or if unable so to arrange within a reasonable period after the failure of the vehicle, shall on demand refund to each passenger a proper proportion of the fare relating to the completion of the journey for which the passenger had paid the fare;

(xv) shall not cause or allow anything to be placed in the vehicle in such a manner as to obstruct the entry or exit of passengers;

(xvi) shall issue a ticket immediately on payment of the legal fare or freight by the passenger except where arrangements outside the vehicle for the issue of tickets in advance to the intending passengers on payment of the legal fare has been made;

(xvii) shall, at the conclusion of any journey make reasonable search in the vehicle for anything left by any passenger and shall take into his custody anything so found by him or any other person in such vehicle and as soon as may be, make over the same to a responsible person at any office or station of the holder of the permit for the vehicle;

(xviii) shall not cause or allow to enter into or to be placed or carried in the vehicle any person whom he knows or has reason to believe to be suffering from an infectious or contagious disease, or the corpse of any person whom he knows or has reason to believe to have been suffering from any such disease;

(xix) may, notwithstanding anything contained in clause (xviii) upon application in writing by a registered medical practitioner allow a person, suffering from an infectious or contagious disease to be carried in a stage carriage provided that no other person save a person or persons in attendance on the sick person shall be carried in the vehicle at the same time;

(xx) shall be responsible, when a person suffering from an infectious or contagious disease, or the corpse of any such person has been carried in a stage carriage, for reporting the fact to a medical officer or health officer and to the owner of the vehicle and neither the owner nor the driver nor the conductor shall cause or allow any person to use the vehicle until the driver and conductor and the vehicle have been disinfected in such manner as the said medical officer may specify and certificate to this effect has been obtained from the said medical officer;

(xxi) shall assist the driver and be on the look out for other motor vehicle approaching from behind and effectively signal their approach to the driver;

(xxii) shall take all reasonable precautions to prevent luggage being miscarried or lost on the way;

(xxiii) shall not, while on duty, be under the influence of drink or of any drug so as to render him incapable of discharging his duties efficiently;

(xxiv) shall, on demand by any passenger, produce the complaint book for recording such remarks as the passenger may desire to make therein;

(xxv) shall not, while he is on duty, permit the vehicle to be used for illegal or immoral purpose;

(xxvi) shall not permit any petrol to be poured into the fuel tank while the engine is in motion; and

(xxvii) shall, whenever the stage carriage approaches an unguarded level crossing, cause it to be stopped and after alighting therefrom and ensuring that no train is approaching from either direction, cause thevehicle to follow him till the other side of the level crossing is reached;

(xxviii) shall make all reasonable effort to help the injured persons in case of an accident to the bus and inform the nearest police station immediately;

(xxix) shall help the infant, disabled, pregnant ladies, old aged passengers and the ladies with child in arm, to board and alight the bus;

(xxx) when the driver is taking the bus in reverse, shall get down from the bus and be on the look out for any other motor vehicle or other obstacle in the rear of the vehicle and effectively give signal to the driver;

(xxxi) shall not allow any explosives or dangerous or flammable substances to be carried in the bus as personal luggage or cargo; [Provided that he shall cause the personal luggage or cargo, suspected to be containing substances of dangerous or flammable nature or explosives, to be inspected under the supervision of the Officer or Stand-in-charge of Bus Station of the Maharashtra State Road Transport Corporation or any Police Officer in uniform or any officer of the Motor Vehicles Department not below the rank of Assistant Inspector of Motor Vehicles]5.

35. Prohibition against holding more than one conductor’s licence, etc.–

(1) No person shall hold more than one conductor’s licence.

(2) A conductor of a stage carriage shall, produce his conductor’s licence for inspection on demand by any Police Officer in uniform not below the rank of a Sub-Inspector, or any officer of Motor Vehicles Department not below the rank of Assistant Inspector of Motor Vehicles in uniform or any member of the State Transport Authority or a Regional Transport Authority, within his respective jurisdiction, provided that, if at the time his licence is demanded he isdisplaying the badge prescribed in Rule 40, it shall be sufficient compliance with this sub-rule if he produces the conductor’s licence within forty-eight hours at any police station which he specifies to the person making such demand.

36. Requirement as to photograph.–

(1) The copies of photographs required for a conductor’s licence shall be of a size not more than fifty millimetres by sixty four millimetres. It shall be taken from front, and shall be in black and white colour on glazed paper.

(2) The photograph of the holder when affixed to a conductor’s licence shall be sealed with the seal of the licensing authority in such a manner that part of the impression of the seal is upon the photograph and part on the margin.

(3) If at any time it appears to a licensing authority that the photograph affixed to the conductor’s licence has ceased to be a clear likeness of the holder, the licensing authority may require the holder to surrender the conductor’s licence forthwith, and to furnish two clear copies of a recent photograph of himself and the holder shall, within such time as the licensing authority may specify, appear in person before the licensing authority and present the photograph accordingly.

(4) Upon receipt of the copies of the photograph as provided in sub-rule (3), the licensing authority shall remove the old photograph from the conductor’s licence and seal thereto one copy of the new photograph and return the conductor’s licence to the applicant and shall, if he is not the licensing authority by whom the conductor’s licence was issued, forward the second copy of the photograph to the authority who issued the licence: Provided that, if the holder of the conductor’s licence so desires the licensing authority shall issue a duplicate conductor’s licence with a new photograph affixed thereto and shall destroy the original conductor’s licence. In such a case if the licensing authority is not the authority by whom the conductor’s licence was issued, he shall inform the original licensing authority.

(5) If the holder fails to comply with any requisition made by the licensing authority under sub-rule (3), the conductor’s licence shall cease to be valid from the expiry of the said period.

(6) Where a new photograph is affixed to a conductor’s licence, a note shall be made upon the date of affixture.

37. Conductor’s licence lost or destroyed.–

(1) If at any time a conductor’s licence is lost by the holder or is destroyed, the holder shall forthwith intimate the facts in writing, in Form CLD of the First Schedule to the licensing authority in whose area he has his place of residence at the time.

(2) Upon the receipt of intimation as aforesaid, the licensing authority shall, if he is not the authority by whom the conductor’s licence was issued, apply to that authority for particulars of the conductor’s licence and of any endorsements thereon and shall, after making such enquiries as he thinks fit, is satisfied that a duplicate may properly, be issued, issue a duplicate conductor’s licence and send intimation to the authority by whom the conductor’s licence was issued: Provided that, where subsequent to the issue of a duplicate licence it is found that there has been an endorsement by a Court since the date of the grant or last renewal of the licence, it shall be lawful for the licensing authority to call for the duplicate conductor’s licence and make the necessary endorsement thereon.

(3) Where a photograph is required to be affixed to a duplicate conductor’s licence issued under the provisions of these rules, the holder of the conductor’s licence shall furnish the licensing authority with two clear copies of a recent photograph of himself one of which shall be affixed to the duplicate conductor’s licence and the other shall be transmitted by the authority issuing the duplicate conductor’s licence to the authority by whom the conductor’s licence was issued.

(4) Where a duplicate conductor’s licence has been issued upon representationthat a conductor’s licence has been lost and the original conductor’s licence is afterwards found or received by the holder, the holder shall immediately return the duplicate conductor’s licence to the licensing authority

(5) Any other person finding a conductor’s licence shall deliver it to the nearest Police Station or the nearest licensing authority The Officer-in-charge of the Police Station, on receipt of the conductor’s licence, shall immediately forward it to the nearest licensing authority. The licensing authority shall restore the conductor’s licence to the holder of the conductor’s licence in case the duplicate conductor’s licence has not been issued, and shall substitute it for the duplicate in case such a duplicate has already been issued.

38. Defaced or torn conductor’s licence.–

(1) If at any time it appears to a licensing authority that a conductor’s licence held by any person is so torn or defaced in any way as to cease to be reasonably legible, the licensing authority may impound the conductor’s licence and issue a duplicate in accordance with Rule 39.

(2) If a conductor’s licence impounded as aforesaid is required to have a photograph of the holder affixed there, then,–

(i) if the photograph on the impounded conductor’s licence in the

opinion of the licensing authority satisfactory and conveniently transferable to the duplicate conductor’s licence, the licensing authority may so transfer, affix and seal the photograph to the duplicate conductor’s licence; or

(ii) if the photograph affixed to a conductor’s licence impounded under the provisions of sub-rule (1) is not in the opinion of the licensing authority such as can be transferred to the duplicate conductor’s licence the holder of the conductor’s licence shall, on demand by the licensing authority, furnish two clear copies of a recent photograph of himself one of which shall be affixed to the duplicate conductor’s licence and sealed and the other shall be recorded by the licensing authority by whom the conductor’s licence was issued.

39. Issue of duplicate of conductor’s licence.–

(1) When a duplicate conductor’s licence is issued under Rules 36, 37 and 38 it shall be clearly stamped “Duplicate” in red and shall be marked with the date of issue, he shall intimate the fact to that authority.

(2) If the licensing authority who affixes a new photograph to a duplicate conductor’s licence is not the authority by whom the conductor’s licence was issued, he shall forward the second copy of the photograph to that authority for record.

(3) The fee for a duplicate conductor’s licence under Rules 36, 37 and 38 shall be [One hundred and fifty Rupees]6.

40. Conductor’s badge.–

(1) The licensing authority issuing a conductor’s licence shall also issue simultaneously on payment of a fee of [one hundred and fifty rupees]7 a metal badge inscribed with its name, the word “Conductor” and an identification number, in the form illustrated in the Second Schedule appended to these rules. If the badge is lost or destroyed, a duplicate badge shall be issued on payment of twenty rupees by the authority which issued it or an application made to in Form D.C.B. of the First Schedule. In case the original badge is later found by the conductor, he shall return the duplicate badge to the issuing authority, and shall be entitled to a refund of ten rupees.

(2) While on duty a conductor shall display his badge on his left chest and above the badge a plastic name plate indicating his initials and surname in Marathi. The plastic name plate shall be of the size of 9 cm. x 2 cm.

(3) No conductor shall lend or transfer to any other person, or permit the use by any other person of the badge issued to him under sub-rule (1).

(4) If at any time a conductor’s licence is suspended or revoked by an authority competent to suspend or revoke or by any Court or ceases to be valid by efflux of time, the conductor shall, within seven days, of suchsuspension, revocation or ceaser, surrender the badge to the authority by which it was issued.

41. The effectiveness of conductor’s licence issued by any other State other than the State of Maharashtra.–

(1) The permit-holder of the stage carriage shall not employ a person as a conductor having a conductor’s licence issued by any licensing authority located outside the State of Maharashtra.

(2) A person can act as a conductor having a conductor’s licence issued in any other State in respect of stage carriage operation in the State of Maharashtra on the routes included in the reciprocal Transport Agreement as well as on the routes mutually agreed by both the State Transport Undertaking, with the intention to include the same in the subsequent Reciprocal Transport Agreement but shall comply with the provisions of Rule 84.

1Rule 26 was substitute by G.N. of 8.1.2008, Sec. 3.

2Substituted by G.N. of 30th July, 1999.

3Substituted by G.N. of 30th July, 1999.

4Inserted by G.N., H.D., No. MVR 0103/906/CR-75/TRA-2, dated 24.8.2005 (M.G.G. Pt., IV-A, Ex. Ord.,

p. 418).

5Proviso shall be added by G.N.H.D. No. 0190/190/TRA-2, M.G.G., Pt. IV-A, dated 20.3.1991 p. 212.

6Substituted by G.N.H.D. No. MVR 0298/.1531/CR-91/TRA-2 dated 30.7.1999.

7Substituted by G.N. of 30.7.1999.

Maharashtra Motor Vehicles Rules 1989 – Chapter 2

LICENSING OF DRIVERS OF MOTOR VEHICLES

[3. Licensing Authorities.–

The Licensing Authority shall be,–

(a) For Brihan Mumbai, the Regional Transport Officer, having jurisdiction over the limits of the Mumbai Municipal Corporation limits;

(b) In the Thane region, for the Districts of Thane, Raigad, Sindhudurg and Ratnagiri the Regional Transport Officer, Thane;

(c) In the Kolhapur region, for the Districts of Kolhapur, Sangli and Satara the Regional Transport Officer, Kolhapur;

(d) In the Pune region, for the Districts of Pune and Solapur, the Regional Transport

Officer, Pune;

(e) In the Nashik region, for the Districts of Nashik and Ahmednagar the Regional Transport Officer, Nashik;

(f) In the Dhule region, for the Districts of Dhule, Jalgoan and Nandurbar the Regional Transport Officer, Dhule;

(g) In the Aurangabad region, for the Districts of Aurangabad, Jalna, Beed and Osmanabad the Regional Transport Officer, Aurangabad;

(h) In the Nanded region, for the Districts of Nanded, Parbhani, Latur and Hingoli the Regional Transport Officer, Nanded;

(i) In the Amravati region, for the Districts of Amravati, Buldhana, Yavatmal, Akola and Washim the Regional Transport Officer, Amravati;

(j) In the Nagpur (City) region, for the Municipal City Limits of Nagpur and Wardha Districts, the Regional Transport Officer, Nagpur (City);

(k) In the Nagpur (Rural), region, for the Districts of Nagpur (excluding Municipal City Limits) Gadchiroli, Chandrapur, Gondia and Bhandara the Regional Transport Officer, Nagpur (Rural).]1

4. Authorisation to drive public service vehicle.–

(1) No person shall drive a pubic service vehicle unless an authorisation in the form prescribed by the Central Government has been granted.

(2) Subject to the provisions of sub-rule (3), a holder of driving licence may at any time apply to the licensing authority [in Form L.P.S.A. of the First Schedule along with a certificate obtained from the Competent Authority in the Forms S.E.C. of the First Schedule]2 for the grant of the aforesaid authorisation and shall forward his driving licence with such application.

(3) No authorisation to drive a medium passenger motor vehicle shall be granted, unless he has held a driving licence for at least one year to drive a light motor vehicle. No such authorisation to drive a heavy passenger motor vehicle shall be granted unless he has held a driving licence to drive a light motor vehicle for at least two years or a medium passenger motor vehicle for at lest one year.

(4) The licensing authority to which application is made as aforesaid may if it thanks fit, in order to ascertain whether the applicant is fit person for being granted the authorisation, make enquiries into his character and antecedents and by notice in writing summon him to appear before it at such time and place as it may appoint. The fee shall be paid along with the said Form L.P.S.A. of the First Schedule to these rules and the same shall not be refunded in any circumstances.

(5) If the licensing authority is satisfied that the applicant is in all respect fit to be authorised to drive a public service vehicle, the driving licence shall be signed accordingly. The licensing authority shall then return the driving licence to the applicant thereof and shall at the same time if the driving licence was issued by a different licensing authority, send an intimation to such licensing authority in Form L.P.S. of the First Schedule to theses rules. The licensingauthority shall refuse to grant the authorisation if it finds that the applicant is not a fit and proper person to be charged with the safe carriage of passengers and property under the provisions of any of these rules and the rule made by the Central Government.

(6) Where a person holding an authorisation to drive a public service vehicle makes an application for its renewal, then he shall, if so required by the licensing authority, submit himself to medical examination to such registered medical practitioner as the State Government or the Transport Commissioner authorised by the State Government, specifies in this behalf and shall obtain certificate in the form prescribed by the Central Government from such notified medical practitioner on payment of a fee of twenty rupees and forward it to the licensing authority together with the driving licence.

(7) If the licensing authority on considering the certificate received by him under sub-rule (6) is of opinion that the applicant is suffering from a disease which makes driving of a public service vehicle by him undesirable, it may refuse to renew the authorisation applied for.

(8) If a licensing authority rejects an application under this rule, it shall inform the applicant in writing giving its reasons within one month and shall also return the driving licence to him.

5. Power to make inquiries of applicant for driving licence.–

Upon the receipt of an application for a driving licence, the licensing authority may make such enquiries as may reasonably be necessary to establish the identity of the applicant and to ascertain that the applicant is not disqualified for holding or obtaining a driving licence.

[5-A. Additional evidence as to the correctness of address and age.–

In the absence of the documents prescribed under Rule 4 of the Central Motor Vehicles Rules, 1989, every applicant for the issue of a driving licence shall produce additional any one or more of the following documents in original orrelevant extracts thereof duly attested by a Gazetted Officer of the Central Government or of a State Government or an officer of a local body, who is equivalent in rank of a Gazetted Officer of the Government or Village Administration Officer or Municipal Corporation, Councillor or Panchayat President, as additional evidence of his address and age, namely: —

(a) Income Tax PAN Card;

(b) Domicile Certificate issued by the Competent Authority;

(c) post paid bill of applicant’s mobile telephone;

(d) applicant’s telephone bill and if, he has no telephone, then the affidavit sworn by the head of the family, who hold the telephone and the applicant has blood relation with him;

Explanation.–For the purpose of this rule, blood relation means the relation of patriarchal grandfather and grandmother, father, mother, son, daughter, brother, sister, wife, husband and daughter-in-law.]3

6. Exemption of driver of road-roller.–

Sub-section (1) of Section 3 of the Act shall not apply to the driver of road-roller.

7. Testing Officers.–

(1) The test of competence to drive as prescribed by the Central Government shall be conducted by an Inspector of Motor Vehicles:

Provided that, it shall be competent for the licensing authority to have more than one test of competence to drive:

Provided further that, where an applicant is a member of the Home Guards the test of competence to drive any motor vehicle, other than a transport vehicle, may be conducted by the Commandant-General of theHome Guards, or a Commandant of the Home Guards under whose control the applicant is serving if such Commandant, is with the previous approval of the State Government, authorised by name in this behalf by the Commandant-General aforesaid.

(2) Subject to the provisions of sub-section (6) of Section 9, the applicant shall furnish a serviceable vehicle of the class to which the application refers, provided such a vehicle is equipped with breaking device which shall be easily accessible to the Testing Officer and present himself for the test at such time and place as may be specified by the Testing Officer concerned.

(3) No fees for the test of competence shall be payable by the applicant if he,–

(a) is employed in the service of the State Government for driving a motor vehicle; or

(b) is an ex-service person of Armed Forces, and produces a certificate of proficiency in driving a motor vehicle from an Officer in the Armed Forces of the Union; or

(c) has been exempted by special or general order of the State Government.

(4) Where an applicant has passed the test of competence to drive the motor vehicles, he shall, on the same day, or within a week thereof, pay to the licensing authority a fee as specified in the rules made by the Central Government:

Provided that, the applicant, unless he shows sufficient reasons for not paying the said sum within a week, shall be liable to pass a fresh test of competence.

8. Appellate Authority.–

(1) The Authority prescribed under sub-section (8) of Section 9 and sub-section (2) of Section 17 to hear appeals against any order made tinder any of the aforesaid provisions of [x x]4 shall be the Transport Commissioner. The appellate authority empowered under sub- ection (3) of Section 19 to hearappeals against any order made under sub-section (1) of Section 19 shall be the Transport Commissioner.

(2) An appeal to any prescribed authority or appellate authority under this rule shall be made within thirty days of the receipt by him of the order appealed against.

9. Conduct and hearing of appeals.–

(1) An appeal referred to in Rule 8 shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order of the licensing authority, and shall be accompanied by a fee of twenty-five rupees in cash and a certified copy of that order, against which appeal is preferred.

(2) When an appeal is preferred, a notice shall be issued to the authority against whose order the appeal is preferred, in such from as the appellate authority may direct.

(3) The appellate authority, may give the parties copies of any document concerned with the appeal on payment of a fee calculated at the rate of [fifteen rupees] for the first page and [three rupees]5 for each additional page of each copy of each document.

(4) The appellate authority may, after giving an opportunity to the parties to be heard and after such further enquiry, if any, as it may deem necessary, pass such order as it thinks fit and an order passed by any such authority shall be final.

10. Requirements as to photograph on driving licence.–

(1) Where at any time it appears to a licensing authority that the photograph affixed to the driving licence has ceased to be a clear likeness of the holder, the licensing authority may require the holder to surrender the driving licence forthwith, and to furnish two clear copies of a recent photograph of himself, and the holder shall, within such time as the licensing authority specify, appear in person before the licensing authority and present the photographs accordingly.

(2) Where the holder fails to comply with a requisition by the licensing authority under sub-rule (1), the driving licence shall cease to be valid on the expiry of the said period.

(3) Upon receipt of the copies of the photograph as provided in sub-rule (1), the licensing authority shall remove the old photograph from the driving licence and affix and seal thereto one copy of the new photograph and return the driving licence to the applicant and shall, if he is not the licensing authority by whom the driving licence was issued, forward the second copy of the photograph to that authority: Provided that, if the holder of the driving licence so desires, the licensing authority shall issue a duplicate driving licence on payment of a fee of, [hundred]6 rupees with the new photograph affixed thereto and shall destroy the original driving licence. In such a case if the licensing authority is not the authority by whom the driving licence was issued he shall inform the original licensing authority.

(4) When a new photograph is affixed to a driving licence a note shall be made upon the photograph of the date of affixture.

11. Lost or destroyed driving licence.–

(1) Where at any time a driving licence is lost by the holder or is destroyed or mutilated, the holder shall forthwith intimate the fact in writing in Form L.L.D. of the First Schedule to these rules to the licensing authority in whose area he has his place of residence at the time or in a letter setting out the particulars required by that Form.

(2) Upon the receipt of intimation as aforesaid, the licensing authority shall, if it is not the authority by whom the driving licence was issued, write to that authority for particulars of the driving licence and of any endorsements thereon, and shall, after making such enquiries as it thinks fit, if satisfied, that a duplicate driving licence may properly be issued, issue a duplicate driving licence:

Provided that, where subsequent to the issue of a duplicate driving licence, it is found that there has been an endorsement by a Court since the date of the grant or last renewal of the licence, it shall be lawful for the licensing authority to call for the duplicate driving licence and make the necessary endorsements thereon.

(3) When a duplicate driving licence is required to be issued under the provisions of these rules, the holder of the driving licenses shall furnish to the licensing authority, two clear copies of a recent photograph of himself, one of which shall be affixed to the duplicate driving license and the other shall be transmitted by the authority issuing the duplicate driving licence to the authority by whom the driving licence was issued, and intimated that fact to that authority.

(4) Where a duplicate driving licence has been issued upon representation, that a driving licence has been lost, and the original driving licence is afterwards found or received by the holder, the holder shall immediately return the duplicate driving licence to the licensing authority.

(5) Any other person finding a driving licence shall deliver it to the nearest Police Station or nearest licensing authority. The officer in charge of the Police Station on receipt of the driving licence, shall immediately forward it to the nearest licensing authority. The licensing authority shall restore the driving licence or substitute it for the duplicate in case such a duplicate has already been issued.

12. Defaced or torn driving licence.–

(1) If at any time it appears to a licensing authority that a driving licence held by any person is so torn or defaced in any way as to cease to be reasonably legible, the licensing authority may impound the driving licence and issue a duplicate.

(2) If a driving licence impounded as aforesaid, is required to have a photograph of the holder affixed thereto, then,–

(i) where the photograph on the impounded driving licence is in the opinion of the licensing authority, satisfactorily and convenientlytransferable to the duplicate driving licence, the licencing authority may so transfer, affix and seal the photograph to the duplicate driving licence; and


(ii) where the photograph on the impounded driving licence is not in the opinion of the licensing authority such as can be transferred to the duplicate driving licence the holder of the driving licence, shall, on demand by the licensing authority, furnish two clear copies of a recent photograph of himself one of which shall be affixed to the duplicate driving licences and sealed and the other shall be retained by the licensing authority by whom the driving licence was issued.

13. Issue of duplicate driving licences.–

(1) Where a duplicate driving licence is issued under Rules, 10, 11, or 12, it shall be clearly stamped “Duplicate” in red and shall be marked with the date of issue of the duplicate and the seal of the licensing authority.

(2) If the licensing authority who issues a duplicate licence is not the authority by whom the driving licence was issued, he shall intimate the fact to the authority concerned.

(3) If the licensing authority who affixes a new photograph a duplicate driving licence is not the authority by whom the driving licence was issued, he shall forward the second copy of the photograph to that authority for record.

[(4) The fee for a duplicate driving licence issued under Rules 10, 11 or 12,

shall be as follows namely:–

(a) Laminated card type driving licence in Form 7 of the Central Motor Vehicles Rules, 1989……… [Rs. 200]7

(b) Other than laminated card type driving licence…….. [Rs. 50]8. ] 9

[13-A. Manner of delivery of Driving Licence.–

(a) On and from the date specified by an order issued in this by Transport Commissioner, every driving licence issued, either fresh or renewed, duplicate thereof, or issued as a consequence of any change in the details of such license, shall be delivered by Registered Post Acknowledgment Due (RPAD) to the license holder, at the address specified on such license,

(b) different dates may be specified for different offices for the purpose; and

(c) a fee of Rs. 50 shall be recovered towards the delivery charges from the applicant per driving license so delivered under Clause (a) above, in advance.]10

14. Temporary authorisation in lieu of driving licence.–

(1) Where the holder of a driving licence has submitted the driving licence to a licensing authority or the authority which issued the licence for renewal or for obtaining an authorisation to drive a public service vehicle and has deposited the prescribed fee, or where a police officer or any Court or other competent authority has taken temporary possession of a driving licence for any purpose and the driving licence has not been suspended or cancelled, the licensing authority or the police officer or the Court, or as the case may be, or a person authorised under sub-section (2) of Section 206, shall give him a temporary acknowledgment for the driving licence and temporary authorisation to drive, in Form L. Tem, to these rules, the production thereof on demand shall be deemed to be production of the driving licence.

(2) No fee shall be payable in respect of such temporary authorisation.

15. Intimation of disqualification.–

(1) A licensing authority taking possession of a driving licence under clause (a) of sub- ection (2) of Section 19 Shall, if the licence was issued by another licensing authority, intimate the fact to that authority.

(2) Where a licensing authority declares a person disqualified under sub-section (1) of Section 19, it shall cause the driving licence to be endorsed accordinglyand retain the badge, if issued, during the period of disqualification and shall send an intimation of such declaration to the authority by whom the driving licence was issued.

16. Intimation to original authority of renewals and endorsements.–

(1) A licensing authority making addition in the classes of motor vehicle under Section 11 of the Act which, a driving licence authorises the holder to drive, shall if it is not the authority by whom the driving licence was issued, inform of such addition to that authority in Form L. Ad. to these rules.

(2) A licensing authority renewing a driving licence shall, as required by the provision of sub-section (6) of Section 15 inform of such renewal to the licensing authority by whom the driving licence was issued in Form L.R. to these rules.

(3) The Court making or causing to be made an endorsement on a driving licence under Section 24 shall send intimation in Form L.E. of the First Schedule to these rules to the licensing authority by whom the driving licence was issued and to the licensing authority by whom it was last renewed.

17. Certificates by Automobile Association in lieu of driving test.–

The State Government recognizes the following automobile association for the purpose of the second proviso to sub-section (3) of Section 9, namely:–

(a) The Automobile Association of Bengal,

(b) The Automobile Association of Northern India,

(c) The Automobile Association of Southern India,

(d) The United Provinces Automobile Association,

(e) The Western India Automobile Association,

(f) The Deccan Indian Automobile Association, Hyderabad Deccan.

18. Report of change of address of driving licence holder.–

The holder of any driving licence shall, except in the case of temporary absence not involving a change of residence for a period exceeding three months, report within fourteen days any change of his temporary or permanent address as notified on the driving licence to the licensing authority by whom the driving licence was issued and to the licensing authority by whom it was last renewed.

19. Certain persons to be exempted from driving licence fees.–

No fee shall be charged:–

(a) for the issue of renewal of a driving licence or of a learner’s driving licence:–

(i) to person employed in the service of Government for driving a motor vehicle; or

(ii) to such Foreign Consular Officer de Carrier, or to such class of persons as the State Government may by a general or special order specify in this behalf;

(b) for the issue of renewal of a driving licence to an ex-service person of Armed Forces holding a certificate of proficiency in driving a motor vehicle from an officer in the Armed Forces of the Union.

20. Duties, functions and conduct of drivers of public service vehicles.–

(1) The driver of a stage carriage or a contract carriage (other than a motor cab)–

(i) shall not cause or allow any person animal or thing to be in the space reserved for the driver’s seat in accordance with Rule 175 or otherwise in such a way as to impede him in having a clear vision of the road or proper control of the vehicle:

(ii) shall not shout in order to attract a passenger;

(iii) shall, subject to any rules or regulations in force prohibiting the taking, up or setting down of passengers at, or except at certain specified places, bring the vehicle to rest for a sufficient period of time in a safe and convenient position upon the demand or signal of the conductor or of any passenger desiring to alight from the vehicle and unless there is no room in the vehicle, upon the demand or signal of any person desiring to become a passenger;

(iv) shall not when bringing his vehicle to rest for the purpose of picking up or setting down any passenger at rest for the said purpose, drive the vehicle so as to endanger, inconvenience or interfere with the driver or the conductor of the other vehicle or any person mounting or preparing to mount person or alighting therefrom, and shall bring his vehicle to rest in front or behind the other vehicle and on the left hand side of the road or place;

(v) shall at all times exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not knowingly drive the vehicle when it or any brake, tyre or lamp thereof, is in defective condition likely to endanger any passenger or other person or when there is not sufficient fuel in the tank of the vehicle to enable him to reach the next fuel-filing station on the route;

(vi) shall not smoke while on duty;

(vii) shall behave in a civil and orderly manner towards passengers and others;

(viii) shall wear Khaki shirt or bush-shirt and Khaki trousers and shall be cleanly dressed: Provided that, when drivers of such vehicles are or are likely to be called upon, to perform duties in an emergency or to receive training, the State Government may, by general or special order, exempt such drivers from the operation of this clause for such period as may be specified in the order:

[Provided further that, the State Government on considering any special reasons may, by order in the Official Gazette, allow drivers of such vehicles to wear any special uniform as may be specified in such order, other than the uniform specified in this clause.]11

(ix) while on duty, the driver shall display his badge on his left chest and above the badge a plastic name plate indicating his initial and surname in Marathi in white letters on black background. The plastic name plate shall be of the size of 9 cm. x 2 cm.

(x) shall maintain the vehicle in a clean and sanitary condition;

(xi) shall not solicit customer save in a civil and quiet manner;

(xii) shall not loiter or unduly delay upon any journey but shall proceed to his destination as near as may be in accordance with the time-table pertaining to the vehicle or, where there is no such time-table, with all reasonable despatch;

(xiii) shall, in the event of the vehicle being unable to proceed to its destination of account of mechanical breakdown or other cause beyond his control, arrange to convey the passengers to their destination in some other similar vehicle, or if unable so to arrange within a reasonable time, after the failure of the vehicle, shall, on demand refund to each passenger the proportionate amount of fare relating to the completion of the journey for which the passenger had paid the fare;

(xiv) shall not hold more than one badge issued by an authority;

(xv) shall, if at any time the authorization of his licence entitling him to drive a stage carriage or contract carriage (other than motor cab) is suspended or revoked by any authority or by any Court or ceases to be valid due to efflux of time, Surrender the badge within seven days to the authority by which it was issued; and

(xvi) shall, on demand by any police officer in uniform or any officer of the Motor Vehicles Department not below the rank of Assistant Inspector of Motor Vehicles, produce his driving licence for inspection:Provided that, if at the time his driving licence is demanded and he is displaying the badge prescribed in Rule 24, it shall be sufficient compliance with this sub-rule if he produces the driving licence within 48 hours at any Police Station in the State which specifies the Police Officer or the Inspector of Motor Vehicles as the case may be, making the demand;

(xvii) shall ensure that no passenger is seated in the vehicle and that the engine is not in motion, when the same is being filled with fuel;

(xviii) shall, whenever the vehicle approaches an unguarded level crossing, cause it to be stopped, and after ensuring that no train is approaching from either direction, drive the vehicle behind the conductor till the other side of level crossing is reached;

(xix) shall, in case of accident of the vehicle, assist the passengers and should make arrangement of the injured passengers to the nearest hospital and also shall give immediate information or arrange to give information about the accident to the nearest hospital.

(2) The driver of a contract carriage and in case of stage carriage in the absence of a conductor or where a conductor on duty for reasons beyond his control cannot perform his duties, shall, at the conclusion of any journey make reasonable search of the vehicle for anything left by any passenger and shall take into his custody anything found by him or by any other person in such vehicle and as soon as may be, make over the same to a responsible person at any office or station of the holder of the permit for the vehicle.

[(2-A) The driver of a contract carriage and in case of stage carriage in the absence of a conductor or where a conduct on duty for reasons beyond his control cannot perform his duties, shall cause the personal luggage or cargo, suspected to be containing substances of dangerous or flammable nature, or explosives, to be inspected under the supervision of the Officer or Stand-in- charge of Bus Station of the Maharashtra State Road Transport Corporation or any Police Officer in uniform or any Officer of the Motor Vehicles Department not below the rank of Assistant Inspector of Motor Vehicle].12

(3) No driver of a stage carriage or contract carriage (other than a motor cab) shall cause or allow to enter into or to be placed or carried in the vehicle, any person whom he knows or has reason to believe to be suffering from any infectious or contagious disease or the corpse of any person whom he knows or has reason to believe to have been suffering from any such disease.

(4) Notwithstanding the provisions of sub-rule (3), the driver may, upon application in writing by a registered medical practitioner allow a person suffering from an infectious or contagious disease to be carried in a stage carriage or contract carriage provided that no other person, save a person or persons in attendance on the person so suffering, shall be carried in the vehicle at the same time.

(5) Where a person suffering from an infectious or contagious disease, or the corpse of any such person has been carried in a contract carriage or a stage carriage, the driver of the vehicle shall be responsible to report the fact of such carriage to the medical officer-in- harge of the nearest hospital, Zilla Parishad, Panchayat Samiti or Government Dispensary, and to the owner of the vehicle; and either the owner or the driver shall cause or allow any person to use the vehicle until the driver and the vehicle have been disinfected in such manner as the said medical officer may specify and a certificate to this effect has been obtained from the said medical officer.

21. Rules for conduct and duties of drivers of motor cabs.–

(1) The drivers of the first two motor cabs on any stand shall always stay near their cabs which shall be ready for immediate hiring by any person.

(2) All drivers shall move their cabs up as vacancies occur in the stand.

(3) Every cab shall be kept with front wheels straight at a distance of not less than thirty centimetres from the cab immediately in front of it and where the stand is by the side of a kerb, parallel to and not more than thirty centimetres from the kerb.

(4) No driver shall allow his cab to remain on the stand if it is disabled unless the disablement is of a temporary nature which can be immediately remedied and is so remedied.

(5) No driver shall allow his cab when it is not engaged to remain at any place other than a stand appointed for the purpose nor shall he loiter for the purpose of its being hired in any public place.

(6) No driver sail prevent or attempt to prevent the first cab on the stand from being hired.

(7) No driver whose cab has been engaged for some future time shall keep his cab on a stand unless he is willing to accept an intermediate engagement that may be offered.

(8) A driver of a motor cab shall in the absence of reasonable cause to the contrary proceed to the destination named by the hirer by the shortest and quickest route.

(9) No driver of a motor cab shall make use of his cab in connection with or for the furtherance of prostitution.

(10) No driver of a motor cab shall carry a cleaner or other attendant unless permitted specifically to do so by the Regional Transport Authority on such conditions as may be specified by it.

(11) No driver of a motor cab shall terminate the hiring thereof before he has been discharged by the hirer.

(12) No driver of a motor cab shall demand or exact any fare in excess of that to which he is legally entitled.

(13) No driver of a motor cab shall shout in order to attract a passenger.

(14) A driver of a motor cab shall at all times exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not knowingly drive the vehicle when it or any brake, tyre or lamp thereof is in a defective condition likely to endanger any passenger or other person or when there is not sufficient fuel in the tank of the vehicle to enable him to reach the next fuel filing station on the route.

(15) No driver of a motor cab shall solicit a customer except in a civil and quiet manner; nor shall he in any way interfere with any person boarding orpreparing to board another vehicle.

(16) A driver of a motor cab shall not smoke while on duty.

(17) A driver of a motor cab shall behave in a civil and orderly manner to passengers and others.

[(18) A driver of a motor cab or a permit holder when himself drives the motor cab, shall wear clean khaki shirt or bush shirt and khaki trousers. A driver of motor cab or permit holder when himself driving a motor cab shall display, a laminated identity card as illustrated in the Second Schedule to these rules, on the right side of the chest, issued by the licensing authority on payment of rupees fifty: Provided that, when drivers of such vehicles are or are likely to be called upon to perform duties in an emergency or to receive the training, the Government may, by general of special order, exempt such drivers from the operation of this sub-rule for such period as may be specified in the order.]13

[(18-A) If the identity card is lost or destroyed, a duplicate identity card shall be issued by the licensing authority by which it was issued on an application made in form D.I.D. of the First Schedule to these rules accompanied by a fee of twenty-five rupees. In case the original identity card is later found, upon the return to the issuing authority of the duplicate identity card, the driver of the motor cab or a permit holder, as the case may be, shall been entitled to a refund of twenty-five rupees. In case of suspension or revocation of driving licence by an authority or by any Court or ceases to be valid due to efflux of time, the driver or the permit holder, as the case may be, shall, within seven days of such suspension or revocation, surrender the identity card held by him to the authority by whom the same were suspended.]14

(19) A driver of motor cab shall maintain the vehicle in a clean and sanitary condition.

(20) No driver of a motor cab shall allow any person to be carried in any motor cab in excess of the seating capacity specified in the certificate of registration of the vehicle.

[(21) A driver of a motor cab shall not hold more than one laminated identity card issued by the licencing authority.]15

(22) If at any time the authorisation of a driver’s driving licence entitling him to drive a motor cab is suspended or revoked by an authority or by any Court or cease to be valid by the efflux of time, the driver shall within seven days surrender the badge to the authority by which it was issued.

(23) No driver of a motor cab shall cause or allow to enter into or to be placed or carried in the vehicle, any person whom he knows or has reason to believe to be suffering from any infectious or contagious disease, or the corpse of any person whom he knows or has reason to believe to have been suffering from any such disease.

(24) Notwithstanding the provisions of sub-rule (23), the driver may upon application in writing by a registered medical practitioner allow a person suffering from an infectious or contagious disease to be carried in a motor cab, provided that no other person save a person or persons in attendance on the person so suffering shall be carried in the vehicle at the same time.

(25) Where a person suffering from an infectious or contagious disease, or the corpse of any such person has been carried in a motor cab, the driver of the vehicle shall report the fact of such carriage to the medical officer-in-charge of the nearest Municipal, Zilla Parishad, Panchayat Samiti or Government dispensary and to the owner of the vehicle and neither the owner nor the driver shall cause or allow any person, to use the vehicle until the driver and the vehicle have been disinfected in such manner as the said medical officer may specify and a certificate to this effect has been obtained from the said medical officer.

(26) No person shall drive any motor cab unless once in every two months, it is disinfected with D.D.T. or any other liquid insecticide, approved for the purpose by the Surgeon-General with the Government of Maharashtra.

(27) The owner of a motor cab shall maintain and on demand by an officer of the Motor Vehicles Department of and above the rank of Assistant Inspector of Motor Vehicles or a Police Officer, produce for inspection a current register showing the dates on which the motor cab was disinfected from time to time,and shall also satisfy him that a mechanical spray which shall be used for the purpose of such disinfection is in working order.

(28) A driver of a motor cab shall, on demand by any Police Officer in uniform or an Officer not below the rank of an Assistant Inspector of Motor Vehicles, produce his driving licence for inspection.

(29) The driver of a motor cab shall at the conclusion of every journey make reasonable search in the vehicle for anything left by any passenger and shall take into his custody anything so found and shall as soon as may be convenient hand over the same to the Officer-in-charge of the nearest Police Station.

(30) The driver of a motor cab shall not, without the approval of its owner permit any other person to drive the vehicle.

(31) A driver of a motor cab shall, whenever the vehicle approaches an unguarded level crossing, cause it to be stopped and, after ensuring that no train is approaching in either direction, proceed to cross it.

22. Additional rules for drivers of motor cars fitted with taxi-meters.–

In addition to the rules specified in Rule 21,–

(a) The driver of every motor cab fitted with a taxi-meter shall not set it in motion before it is hired and shall stop it immediately the cab arrives at the destination.

Note.–A cab shall be considered to be hired from the time it has been engaged or if called from a distance from the time of such call;

(b) if the driver of any motor cab fitted with a taxi-meter which is hired by any person is unable to proceed owing to any defect in the mechanism or the tyres of the cab, he shall at once lower the flag to “stopped” position and shall not re-start his meter until such time as the defect is remedied;

(c) no driver shall cover or obscure the face of a taxi-meter under anycircumstances or at any time; and

(d) no driver shall without reasonable excuse refuse to let the cab for hire when the flag is in a vertical position.

23. Conduct of drivers of goods vehicles.–

The driver of a goods vehicle,–

(1) shall not cause or allow any person, animal or thing to be placed or to be in the space reserved for the driver’s seat in accordance with Rule 175 or otherwise in such a way as to impede him in having a clear vision of the road or proper control of the vehicle;

(2) shall at all times exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not knowingly drive the vehicle when it or any brake, tyre or lamp thereof, is in a defective condition likely to endanger any occupant or other person or when there is not sufficient fuel in the tank of the vehicle to enable him to reach the next fuel filling station on the route;

(3) shall as far as may be reasonably possible, having regard to his duties be responsible for the due observance of the provisions of the Act and of these rules;

(4) shall behave in a civil and orderly manner to hirers or their nominees and intending hirers or their nominees;

(5) shall not solicit customers save in a civil and quiet manner;

(6) shall not loiter or unduly delay upon any journey but shall proceed to his destination as near as may be with a reasonable despatch;

(7) shall take all reasonable precautions to prevent the goods from being spoiled or lost on the way; and

(8) shall, whenever the vehicle approaches an unguarded level crossing cause it to be stopped, and after ensuring that no train is approaching in either direction, proceed to cross it;

(9) the driver of the goods vehicle on demand by any Police Officer not below the rank of Sub-Inspector of Police or any Officer of the Motor Vehicles Department of and above the rank of Assistant Inspector of Motor Vehicles shall produce all relevant documents of the vehicle for inspection.

24. Badges of drivers of public service vehicles.–

[(1) A metal badge shall be issued to every person who has been granted an authorisation to drive a public service vehicle except motor cab, subject to the condition that he satisfies the authority about his topographical knowledge of the area of operation and working knowledge of Marathi and any one of the languages commonly spoken there. The badge shall be in the form illustrated in the Second Schedule of these rules. The metal badge shall be circular in shape and shall contain the name of the head-quarter of the authority which has granted the authorisation, the category of the motor vehicle and an identification number, inscribed thereon.

(2) The driver of a public service vehicle shall display on the left side of the chest the requisite metal badge issued under sub-rule (1). No driver shall hold more than one badge of the same type: Provided that, the driver of a luxury cab and a tourist cab shall display badges bearing the letters “LCD” and “TCD”, respectively.]16

(3) The fee for the issue of a badge as aforesaid shall be ten rupees. If the badge is lost or destroyed a duplicate badge shall be issued by the authority by which it was issued on an application made in Form D.T.V.B. of the First Schedule to these rules accompanied by a fee of [One hundred]17 rupees. In case the original badge is later found, upon the return to the issuing authority of the duplicate badge, the driver shall be entitled to a refund of [Twenty five]18 rupees.

(4) When an authorisation on a driver’s driving licence entitling him to drive a public service vehicle is suspended or revoked by an authority or by any Court or ceases to be valid due to efflux of time, the driver shall, within seven days ofsuch suspension or revocation, surrender the badge or badges held by him to the authority by whom 18 [the same were suspended].

25. Maintenance of State Register of Driving Licences.–

(1) Every licensing authority shall maintain the State Register of Driving Licences in the Form prescribed by the Central Government.

(2) The licensing authority as soon as the licence is issued or renewed to a person shall cause an entry to be made in the State Register.

(3) The State Register shall be either a bound book or on a computer disc or tape.

(4) The register shall be maintained in alphabetical order beginning with the surname.

(5) Where a person holding a driving licence for any class of motor vehicle, obtains a driving licence of any other class or description of motor vehicle from the same authority, an entry to that effect shall be taken in the State Register against his name:

Provided that, if the driving licence is granted by any other authority or for any other class of motor vehicle, the licensing authority, adding the other class or description of motor vehicle shall make an entry of the name of that person with all classes of motor vehicles the person is entitled to drive.

(6) The licensing authority shall maintain a separate register for the persons who are above sixteen years and below eighteen years and authorised to drive a vehicle without gear.

1Rule 3 was substituted by G.N. of 8.1.2008, Sec. 2.

2Substituted by G.N. of 31.11.1991, M.G.G., Pt. IVA, 1992, p. 45.

3Rule 5-A was inserted by G.N. of 18.10.2008.

4Omitted by MVA 0588/CC-570/TRA-2, dated 25.6.1989.

5Substituted, by G.N.H.D. No. MVR 0298/1531/CR-91/TRA-2 date 30.7.1999

6Substituted, by G.N.H.D. No. MVR 0298/1531/CR-91/TRA-2 dated 30.7.1999

7Substituted by G.N.H.D. No. MVR 0298/1531/CR-91/TRA- 2 dated 30.7.1999

8Substituted by G.N.H.D. No. MVR 0298/1531/CR-91/TRA-2 dated 30.7.1999

9Substituted by G.N.H.D. No. MVR-0190/CR- 75/TRA- 2, dated 16.2.1991.

10Rule 13-A was inserted by G.N.H.D. No. MVR 0110/06/CR-16/TRA- 2, dated 8.10.2010.

11Inserted by G.N., H.D., No. MVR 0103/906/CR-75/TRA-2, dated 24.8.2005 (M.G.G. Pt., IV-A, Ex. Ord.,

p. 418).

12Inserted by G.N.H.D. No. MVR 0190/190/TRA-2, M.G.G., Pt. IV-A, dated 20.3.1991, p. 212.

13Sub-rule (18) was substitute by G.N. of 11.12.2007, Sec. 2(i).

14Sub-rule (18-A) was inserted by G.N. of 11.12.2007, Sec. 2(ii).

15Sub-rule (21) was substitute by G.N. of 11.12.2007, Sec. 2(iii).

16Sub-rules (1) and (2) were substitute by G.N. of 11.12.2007, Sec. 3(i).

17 Substituted by G.N.H.D. No. MVR 0298/1531/CR-91/TRA-2, dated 30.7.1999.

18 Substituted by G.N.H.D. No. MVR 0298/1531/CR-91/TRA-2, dated 30.7.1999.

Maharashtra Motor Vehicles Rules 1989 – Chapter 1

PRELIMINARY

1. Short title and application.–

(1) These rules may be called the Maharashtra Motor Vehicles Rules, 1989.

(2) They shall, save as expressly provided otherwise, apply to, and in relation to all motor vehicles in the State of Maharashtra.

2. Definitions.–

(1) In these rules, unless the context requires otherwise,–

(a) “Act” means the Motor Vehicles Act, 1988 (59 of 1988);

(b) “Assistant Inspector of Motor Vehicles” means any officer appointed

as such by the State Government;

(c) “Form” means a form set-forth in the rules framed by the Central

Government under the Act or to these rules;

(d) “Inspector of Motor Vehicles” means any officer appointed by the

State Government to perform the functions of an Inspector of Motor

Vehicles under the Act, these rules and the rules framed by the CentralGovernment;

(e) “passenger” means any person travelling in a public service vehicle

other than the driver or the conductor or an employee of the permit

holder, while on duty;

(f) “Regional Transport Officer” means any officer appointed by the State Government for any area to perform the functions of a Regional Transport Officer under these rules and the rules framed by the Central Government and includes an Assistant Regional Transport Officer appointed by the State Government for such area as may be specified in that behalf.

(g) “Schedule” means a Schedule appended to these rules;

(h) “Section” means a section of the Act;

(i) “stamp” includes a motor vehicle fees stamp;

(j) “State” means the State of Maharashtra.

(k) “Superintendent of Stamp” means the Superintendent of stamp,

Bombay and includes any other officer appointed by the State Government to perform the functions of Superintendent of Stamp;

(l) “Transport Commissioner” means any officer appointed by the State

Government to perform the functions of the Transport Commissioner, Maharashtra State, under these rules and the rules made by the Central Government under the Act and includes a Joint Transport Commissioner, Deputy Transport Commissioner or Assistant Transport Commissioner;

(m) “Treasury Officer” means a Treasury Officer or Additional Treasury Officer appointed by the State Government to perform the functions of the Treasury Officer.

(2) Words and expression used in these rules but not defined shall have the meaning respectively assigned to them in the Act.

The Law On Taxi Meters and Motor Cabs in Maharashtra

The Law On Taxi Meters and Motor Cabs in Maharashtra

The Law On Taxi Meters and Motor Cabs in Maharashtra

The Maharashtra Motor Vehicles Rules, 1989 specify certain rules for the conduct of Metered Taxis / Motor Cabs in Maharashtra. Not only do most cabs not follow the rules, but they don’t even know them.

Below are the sections 21 and 22 from the Rules, which deal with motor cabs.

This article has been updated till 5-May-2015

21. Rules for conduct and duties of drivers of motor cabs.–

(1) The drivers of the first two motor cabs on any stand shall always stay near their cabs which shall be ready for immediate hiring by any person.

(2) All drivers shall move their cabs up as vacancies occur in the stand.

(3) Every cab shall be kept with front wheels straight at a distance of not less than thirty centimetres from the cab immediately in front of it and where the stand is by the side of a kerb, parallel to and not more than thirty centimetres from the kerb.

(4) No driver shall allow his cab to remain on the stand if it is disabled unless the disablement is of a temporary nature which can be immediately remedied and is so remedied.

(5) No driver shall allow his cab when it is not engaged to remain at any place other than a stand appointed for the purpose nor shall he loiter for the purpose of its being hired in any public place.

(6) No driver sail prevent or attempt to prevent the first cab on the stand from being hired.

(7) No driver whose cab has been engaged for some future time shall keep his cab on a stand unless he is willing to accept an intermediate engagement that may be offered.

(8) A driver of a motor cab shall in the absence of reasonable cause to the contrary proceed to the destination named by the hirer by the shortest and quickest route.

(9) No driver of a motor cab shall make use of his cab in connection with or for the furtherance of prostitution.

(10) No driver of a motor cab shall carry a cleaner or other attendant unless permitted specifically to do so by the Regional Transport Authority on such conditions as may be specified by it.

(11) No driver of a motor cab shall terminate the hiring thereof before he has been discharged by the hirer.

(12) No driver of a motor cab shall demand or exact any fare in excess of that to which he is legally entitled.

(13) No driver of a motor cab shall shout in order to attract a passenger.

(14) A driver of a motor cab shall at all times exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not knowingly drive the vehicle when it or any brake, tyre or lamp thereof is in a defective condition likely to endanger any passenger or other person or when there is not sufficient fuel in the tank of the vehicle to enable him to reach the next fuel filing station on the route.

(15) No driver of a motor cab shall solicit a customer except in a civil and quiet manner; nor shall he in any way interfere with any person boarding orpreparing to board another vehicle.

(16) A driver of a motor cab shall not smoke while on duty.

(17) A driver of a motor cab shall behave in a civil and orderly manner to passengers and others.

[(18) A driver of a motor cab or a permit holder when himself drives the motor cab, shall wear clean khaki shirt or bush shirt and khaki trousers. A driver of motor cab or permit holder when himself driving a motor cab shall display, a laminated identity card as illustrated in the Second Schedule to these rules, on the right side of the chest, issued by the licensing authority on payment of rupees fifty: Provided that, when drivers of such vehicles are or are likely to be called upon to perform duties in an emergency or to receive the training, the Government may, by general of special order, exempt such drivers from the operation of this sub-rule for such period as may be specified in the order.]1

[(18-A) If the identity card is lost or destroyed, a duplicate identity card shall be issued by the licensing authority by which it was issued on an application made in form D.I.D. of the First Schedule to these rules accompanied by a fee of twenty-five rupees. In case the original identity card is later found, upon the return to the issuing authority of the duplicate identity card, the driver of the motor cab or a permit holder, as the case may be, shall been entitled to a refund of twenty-five rupees. In case of suspension or revocation of driving licence by an authority or by any Court or ceases to be valid due to efflux of time, the driver or the permit holder, as the case may be, shall, within seven days of such suspension or revocation, surrender the identity card held by him to the authority by whom the same were suspended.]2

(19) A driver of motor cab shall maintain the vehicle in a clean and sanitary condition.

(20) No driver of a motor cab shall allow any person to be carried in any motor cab in excess of the seating capacity specified in the certificate of registration of the vehicle.

[(21) A driver of a motor cab shall not hold more than one laminated identity card issued by the licencing authority.]3

(22) If at any time the authorisation of a driver’s driving licence entitling him to drive a motor cab is suspended or revoked by an authority or by any Court or cease to be valid by the efflux of time, the driver shall within seven days surrender the badge to the authority by which it was issued.

(23) No driver of a motor cab shall cause or allow to enter into or to be placed or carried in the vehicle, any person whom he knows or has reason to believe to be suffering from any infectious or contagious disease, or the corpse of any person whom he knows or has reason to believe to have been suffering from any such disease.

(24) Notwithstanding the provisions of sub-rule (23), the driver may upon application in writing by a registered medical practitioner allow a person suffering from an infectious or contagious disease to be carried in a motor cab, provided that no other person save a person or persons in attendance on the person so suffering shall be carried in the vehicle at the same time.

(25) Where a person suffering from an infectious or contagious disease, or the corpse of any such person has been carried in a motor cab, the driver of the vehicle shall report the fact of such carriage to the medical officer-in-charge of the nearest Municipal, Zilla Parishad, Panchayat Samiti or Government dispensary and to the owner of the vehicle and neither the owner nor the driver shall cause or allow any person, to use the vehicle until the driver and the vehicle have been disinfected in such manner as the said medical officer may specify and a certificate to this effect has been obtained from the said medical officer.

(26) No person shall drive any motor cab unless once in every two months, it is disinfected with D.D.T. or any other liquid insecticide, approved for the purpose by the Surgeon-General with the Government of Maharashtra.

(27) The owner of a motor cab shall maintain and on demand by an officer of the Motor Vehicles Department of and above the rank of Assistant Inspector of Motor Vehicles or a Police Officer, produce for inspection a current register showing the dates on which the motor cab was disinfected from time to time,and shall also satisfy him that a mechanical spray which shall be used for the purpose of such disinfection is in working order.

(28) A driver of a motor cab shall, on demand by any Police Officer in uniform or an Officer not below the rank of an Assistant Inspector of Motor Vehicles, produce his driving licence for inspection.

(29) The driver of a motor cab shall at the conclusion of every journey make reasonable search in the vehicle for anything left by any passenger and shall take into his custody anything so found and shall as soon as may be convenient hand over the same to the Officer-in-charge of the nearest Police Station.

(30) The driver of a motor cab shall not, without the approval of its owner permit any other person to drive the vehicle.

(31) A driver of a motor cab shall, whenever the vehicle approaches an unguarded level crossing, cause it to be stopped and, after ensuring that no train is approaching in either direction, proceed to cross it.

22. Additional rules for drivers of motor cars fitted with taxi-meters.–

In addition to the rules specified in Rule 21,–

(a) The driver of every motor cab fitted with a taxi-meter shall not set it in motion before it is hired and shall stop it immediately the cab arrives at the destination.

Note.–A cab shall be considered to be hired from the time it has been engaged or if called from a distance from the time of such call;

(b) if the driver of any motor cab fitted with a taxi-meter which is hired by any person is unable to proceed owing to any defect in the mechanism or the tyres of the cab, he shall at once lower the flag to “stopped” position and shall not re-start his meter until such time as the defect is remedied;

(c) no driver shall cover or obscure the face of a taxi-meter under anycircumstances or at any time; and

(d) no driver shall without reasonable excuse refuse to let the cab for hire when the flag is in a vertical position.

1 Sub-rule (18) was substitute by G.N. of 11.12.2007, Sec. 2(i).

2 Sub-rule (18-A) was inserted by G.N. of 11.12.2007, Sec. 2(ii).

3 Sub-rule (21) was substitute by G.N. of 11.12.2007, Sec. 2(iii).

More rules coming soon….