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.