All About Indian Motor Vehicle Rules and Laws
- Thread Starter jalex
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Thread Starter
#62
102- Cancellation or modification of scheme.
(1) The State Government may, at any time, if it considers necessary, in the public interest so to do, modify any approved scheme after giving –
(i) the State transport undertaking; and
(ii) any other person who, in the opinion of the State Government, is likely to be affected by the proposed modification, an opportunity of being heard in respect of the proposed modification.
(2) The State Government shall publish any modification proposed under sub-section (1) in the Official Gazette and in one of the newspapers in the regional languages circulating in the area in which it is proposed to be covered by such modification, together with the date, not being less than thirty days from such publication in the Official Gazette, and the time and place at which any representation received in this behalf will be heard by the State Government.
103- Issue of permits to State transport undertakings
(1) Where, in pursuance of an approved scheme, any State transport undertaking applies in such manner as may be prescribed by the State Government in this behalf for a stage carriage permit or a goods carriage permit or a contract carriage permit in respect of a notified area or notified route, the State Transport Authority in any case where the said area or route lies in more than one region and the Regional Transport Authority in any other case shall issue such permit to the State transport undertaking, notwithstanding anything to the contrary contained in Chapter V.
(2) For the purpose of giving effect to the approved scheme in respect of a notified area or notified route, the State Transport Authority or, as the case may be, the Regional Transport Authority concerned may, by order –
(a) refuse to entertain any application for the grant or renewal of any other permit or reject any such application as may be pending;
(b) cancel any existing permit;
(c) modify the terms of any existing permit so as to –
(i) render the permit ineffective beyond a specified date;
(ii) reduce the number of vehicles authorised to be used under the permit;
(iii) curtail the area or route covered by the permit in so far as such permit relates to the notified area or notified route.
(3) For the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or order passed, by the State Transport Authority or any Regional Transport Authority under sub-section (1) or sub-section (2).
104- Restriction on grant of permits in respect of a notified area or notified route.
Where a scheme has been published under sub-section (3) of section 100 in respect of any notified area or notified route, the State Transport Authority or the Regional Transport Authority, as the case may be, shall not grant any permit except in accordance with the provisions of the scheme:
Provided that where no application for a permit has been made by the State transport undertaking in respect of any notified area or notified route in pursuance of an approved scheme, the State Transport Authority or the Regional Transport Authority, as the case may be, may grant temporary permits to any person in respect of such notified area or notified route subject to the condition that such permit shall cease to be effective on the issue of a permit to the State transport undertaking in respect of that area or route.
105- Principles and method of determining compensation and payment thereof.
(1) Where, in exercise of the powers conferred by clause (b) or clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms thereof are modified, there shall be paid by the State transport undertaking to the holder of the permit, compensation, the amount of which shall be determined in accordance with the provisions of sub-section (4) or sub-section (5), as the case may be.
(2) Notwithstanding anything contained in sub-section (1), no compensation shall be payable on account of the cancellation of any existing permit or any modification of the terms thereof, when a permit for an alternative route or area in lieu thereof has been offered by the State Transport Authority or the Regional Transport Authority, as the case may be and accepted by the holder of the permit.
(3) For the removal of doubts, it is hereby declared that no compensation shall be payable on account of the refusal to renew a permit under clause (a) of sub-section (2) of section 103.
(4) Where, in exercise of the powers conferred by clause (b) or sub-clause (i) or sub-clause (ii) of clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms thereof are modified so as to prevent the holder of the permit from using any vehicle authorised to be used thereunder for the full period from which the permit, would otherwise have been effective, the compensation payable to the holder of the permit for each vehicle affected by such cancellation or modification shall be computed as follows –
(a) for every complete month or part of a month exceeding fifteen days of the unexpired period of the permit Two hundred rupees;
(b) for part of a month not exceeding fifteen days of the unexpired period of the permit One hundred rupees:
Provided that the amount of compensation shall, in no case, less than four hundred rupees.
(5) Where, in exercise of the powers conferred by sub-clause (iii) of clause (c) of sub-section (2) of section 103, the terms of an existing permit are modified so as to curtail the area or route of any vehicle authorised to be used thereunder, the compensation payable to the holder of the permit on account of such curtailment shall be an amount computed in accordance with the following formula, namely –
YXA
--------
R
Explanation – In this formula –
(i) "Y" means the length or area by which the route or area covered by the permit is curtailed;
(ii) "A" means the amount computed in accordance with sub-section (4);
(iii) "R" means the total length of the route or the total area covered by the permit.
(6) The amount of compensation payable under this section shall be paid by the State transport undertaking to the person or persons entitled thereto within one month from the date on which the cancellation or modification of the permit becomes effective:
Provided that where the State transport undertaking fails to make the payment within the said period of one month, it shall pay interest at the rate of seven percent. per annum from the date on which it falls due.
106- Disposal of article found in vehicles
Where any article found in any transport vehicle operated by the State transport undertaking is not claimed by its owner within the prescribed period, the State transport undertaking may sell the article in the prescribed manner and the sale proceeds thereof, after deducting the costs incidental to sale, shall be paid to the owner on demand.
(1) The State Government may, at any time, if it considers necessary, in the public interest so to do, modify any approved scheme after giving –
(i) the State transport undertaking; and
(ii) any other person who, in the opinion of the State Government, is likely to be affected by the proposed modification, an opportunity of being heard in respect of the proposed modification.
(2) The State Government shall publish any modification proposed under sub-section (1) in the Official Gazette and in one of the newspapers in the regional languages circulating in the area in which it is proposed to be covered by such modification, together with the date, not being less than thirty days from such publication in the Official Gazette, and the time and place at which any representation received in this behalf will be heard by the State Government.
103- Issue of permits to State transport undertakings
(1) Where, in pursuance of an approved scheme, any State transport undertaking applies in such manner as may be prescribed by the State Government in this behalf for a stage carriage permit or a goods carriage permit or a contract carriage permit in respect of a notified area or notified route, the State Transport Authority in any case where the said area or route lies in more than one region and the Regional Transport Authority in any other case shall issue such permit to the State transport undertaking, notwithstanding anything to the contrary contained in Chapter V.
(2) For the purpose of giving effect to the approved scheme in respect of a notified area or notified route, the State Transport Authority or, as the case may be, the Regional Transport Authority concerned may, by order –
(a) refuse to entertain any application for the grant or renewal of any other permit or reject any such application as may be pending;
(b) cancel any existing permit;
(c) modify the terms of any existing permit so as to –
(i) render the permit ineffective beyond a specified date;
(ii) reduce the number of vehicles authorised to be used under the permit;
(iii) curtail the area or route covered by the permit in so far as such permit relates to the notified area or notified route.
(3) For the removal of doubts, it is hereby declared that no appeal shall lie against any action taken, or order passed, by the State Transport Authority or any Regional Transport Authority under sub-section (1) or sub-section (2).
104- Restriction on grant of permits in respect of a notified area or notified route.
Where a scheme has been published under sub-section (3) of section 100 in respect of any notified area or notified route, the State Transport Authority or the Regional Transport Authority, as the case may be, shall not grant any permit except in accordance with the provisions of the scheme:
Provided that where no application for a permit has been made by the State transport undertaking in respect of any notified area or notified route in pursuance of an approved scheme, the State Transport Authority or the Regional Transport Authority, as the case may be, may grant temporary permits to any person in respect of such notified area or notified route subject to the condition that such permit shall cease to be effective on the issue of a permit to the State transport undertaking in respect of that area or route.
105- Principles and method of determining compensation and payment thereof.
(1) Where, in exercise of the powers conferred by clause (b) or clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms thereof are modified, there shall be paid by the State transport undertaking to the holder of the permit, compensation, the amount of which shall be determined in accordance with the provisions of sub-section (4) or sub-section (5), as the case may be.
(2) Notwithstanding anything contained in sub-section (1), no compensation shall be payable on account of the cancellation of any existing permit or any modification of the terms thereof, when a permit for an alternative route or area in lieu thereof has been offered by the State Transport Authority or the Regional Transport Authority, as the case may be and accepted by the holder of the permit.
(3) For the removal of doubts, it is hereby declared that no compensation shall be payable on account of the refusal to renew a permit under clause (a) of sub-section (2) of section 103.
(4) Where, in exercise of the powers conferred by clause (b) or sub-clause (i) or sub-clause (ii) of clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms thereof are modified so as to prevent the holder of the permit from using any vehicle authorised to be used thereunder for the full period from which the permit, would otherwise have been effective, the compensation payable to the holder of the permit for each vehicle affected by such cancellation or modification shall be computed as follows –
(a) for every complete month or part of a month exceeding fifteen days of the unexpired period of the permit Two hundred rupees;
(b) for part of a month not exceeding fifteen days of the unexpired period of the permit One hundred rupees:
Provided that the amount of compensation shall, in no case, less than four hundred rupees.
(5) Where, in exercise of the powers conferred by sub-clause (iii) of clause (c) of sub-section (2) of section 103, the terms of an existing permit are modified so as to curtail the area or route of any vehicle authorised to be used thereunder, the compensation payable to the holder of the permit on account of such curtailment shall be an amount computed in accordance with the following formula, namely –
YXA
--------
R
Explanation – In this formula –
(i) "Y" means the length or area by which the route or area covered by the permit is curtailed;
(ii) "A" means the amount computed in accordance with sub-section (4);
(iii) "R" means the total length of the route or the total area covered by the permit.
(6) The amount of compensation payable under this section shall be paid by the State transport undertaking to the person or persons entitled thereto within one month from the date on which the cancellation or modification of the permit becomes effective:
Provided that where the State transport undertaking fails to make the payment within the said period of one month, it shall pay interest at the rate of seven percent. per annum from the date on which it falls due.
106- Disposal of article found in vehicles
Where any article found in any transport vehicle operated by the State transport undertaking is not claimed by its owner within the prescribed period, the State transport undertaking may sell the article in the prescribed manner and the sale proceeds thereof, after deducting the costs incidental to sale, shall be paid to the owner on demand.
recently, i was travelling from mumbai to hyderabad with a couple of friends in a hyundai i10 registered in my mother's name in visakhapatnam. cops stopped me in solapur. all the records- registration, driving licence, insurance, pollution under control certificate were up to date and flawless. yet the cop said the since its a private vehicle, only your family members can travel in it. he further asked me to prove that my friends were not passengers that i was transporting commercially. he demanded Rs.2000 as penalty for the offence. we were out of time so we settled it with a Rs. 200 bribe. but how can a law be so absurd that friends are not allowed to travel. and if its on that basis how does anybody employ a driver. what to do if i encounter similar siyuation in future
Thread Starter
#66
The first thing to do in case of such a situation is to inform the nearest police station which has jurisdiction over the area. Also get in touch with a legal counsel to take further steps, cause you will be charged with grave offences like I.P.C 304 A, no matter if it was or was not your fault.
The cops have no right to charge someone who gives passengers on board his vehicle a gratuitous lift or uses a friend's or relative's vehicle. Such an allegation will not hold ground at court if the matter is taken to court.
The reason for cops and motor vehicle authorities to act this way is cause many private vehicles are operated as illegal taxis taking passengers for hire.(In this case, they might be manipulating the law to make a fast buck.) This happens a lot in Kerala, what cops here do is call random passengers of the vehicle alone and ask them questions to see whether the vehicle is hired or not.
One problem in using private vehicles for hire and people seldom realize is that if the vehicle gets involved in an accident and passengers suffer injury, The passengers will not be in a position to benefit from the vehicle's insurance policy for the sole reason that the vehicle was being operated in violation of the policy conditions. Most people who do this here, do it to make others feel that they own the vehicle and flaunt social status, especially when they go for a marriage function.
The cops have no right to charge someone who gives passengers on board his vehicle a gratuitous lift or uses a friend's or relative's vehicle. Such an allegation will not hold ground at court if the matter is taken to court.
The reason for cops and motor vehicle authorities to act this way is cause many private vehicles are operated as illegal taxis taking passengers for hire.(In this case, they might be manipulating the law to make a fast buck.) This happens a lot in Kerala, what cops here do is call random passengers of the vehicle alone and ask them questions to see whether the vehicle is hired or not.
One problem in using private vehicles for hire and people seldom realize is that if the vehicle gets involved in an accident and passengers suffer injury, The passengers will not be in a position to benefit from the vehicle's insurance policy for the sole reason that the vehicle was being operated in violation of the policy conditions. Most people who do this here, do it to make others feel that they own the vehicle and flaunt social status, especially when they go for a marriage function.
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Thanking for putting all rules on net
Is it possible to re-register my vehicle where I got NOC from Delhi to Chennai-West RTO (based on my company address) in Chennai-South RTO since I am staying Besant Nagar which is in RTO Chennai-South? Is there any rule pertaining to this?. Somebody told me that I need to submit a non-utilization of NOC from Chennai-West to Chennai-South RTO?.
Is it possible to re-register my vehicle where I got NOC from Delhi to Chennai-West RTO (based on my company address) in Chennai-South RTO since I am staying Besant Nagar which is in RTO Chennai-South? Is there any rule pertaining to this?. Somebody told me that I need to submit a non-utilization of NOC from Chennai-West to Chennai-South RTO?.
Reg Two-Wheeler legalities
Please let me know the following details regarding Two-Wheeler legalities and Motor Vehical Act:
1) Which Motor Vehicle Act is currently being followed in Tamilnadu?
2) Number plate size, colour, font size, colour and spacing for two wheelers (both front & back) for two wheelers
3) Whether Registration number on Stickers with prescribed format is allowed on front visor of motorcycle?
3) Legal documents/copies to be carried along with two wheeler
4) As per Central Motor Vehicle Rules 1989 (CHAPTER III: REGISTRATION OF MOTOR VEHICLES reads "(2) In the case of motor cycles the registration mark in the front shall be displayed parallel to the handle bar or on any part of the vehicle including mudguard facing the front instead of, on a plate in line with the axis of the vehicle"), for two-wheelers in the front, the registration number can be displayed in number plate or on mudguard with prescribed font and size.
If the registration number is displayed on front mudguard with stickers, is it an offense?
Thanks in advance
Please let me know the following details regarding Two-Wheeler legalities and Motor Vehical Act:
1) Which Motor Vehicle Act is currently being followed in Tamilnadu?
2) Number plate size, colour, font size, colour and spacing for two wheelers (both front & back) for two wheelers
3) Whether Registration number on Stickers with prescribed format is allowed on front visor of motorcycle?
3) Legal documents/copies to be carried along with two wheeler
4) As per Central Motor Vehicle Rules 1989 (CHAPTER III: REGISTRATION OF MOTOR VEHICLES reads "(2) In the case of motor cycles the registration mark in the front shall be displayed parallel to the handle bar or on any part of the vehicle including mudguard facing the front instead of, on a plate in line with the axis of the vehicle"), for two-wheelers in the front, the registration number can be displayed in number plate or on mudguard with prescribed font and size.
If the registration number is displayed on front mudguard with stickers, is it an offense?
Thanks in advance
![[;)]](https://www.theautomotiveindia.com/forums/images/smilies/Wink.gif "Wink [;)]")
Hi Everyone,
I am in a real fix and am in need of any advice I can get. Given below is a detailed account of what happened. Essentially I was involved in an accident where a biker rammed in to my cars front right wheel and bumper and was subsequently died while I was taking him to the hospital. Me and my family were traveling on a service road to the ORR and had stopped my car to check if I was headed in the right direction. My car was parked on the Left and slightly off the road, as I was about to pull my car out back on to the road and I am guessing only my tire myst have turned at that time a guy rams in to my car form behind and is thrown several feet. I get out and see that he was not wearing a helmet and seems to be seriously injured, I try to call for an ambulance but the ambulance tells us it will take some time. I stopped a few passers by and ask for help lifting the man in to my car at this point his heart was still beating. I take him to the nearest hospital but he is pronounced dead on arrival. I have the hospital call the cops and and the dead mans family and the cops take me and my family to the station a shortwhile later. Long story short a case has been filed against me 304a and I am currently out on bail. Is this normal procedure? I am really worried because there seem to be a lot of people with vested interests who seem to be trying to milk this for money. The dead mans family asked me for money right after then event and threatened to harm me if I didnt pay, I told them what had happened and told the cops that I wanted to follow due process. The problem is that I ended up with a lawyer recommended by the cops and I have no clarity as to what the process is and what will be my fate. There is almost no damage to my car to indicate that I was even involved in the accident, I tried to do the right thing but it now seems my life my be spent hanging around courts or paying bribes. Please advice what are my best options?
I am in a real fix and am in need of any advice I can get. Given below is a detailed account of what happened. Essentially I was involved in an accident where a biker rammed in to my cars front right wheel and bumper and was subsequently died while I was taking him to the hospital. Me and my family were traveling on a service road to the ORR and had stopped my car to check if I was headed in the right direction. My car was parked on the Left and slightly off the road, as I was about to pull my car out back on to the road and I am guessing only my tire myst have turned at that time a guy rams in to my car form behind and is thrown several feet. I get out and see that he was not wearing a helmet and seems to be seriously injured, I try to call for an ambulance but the ambulance tells us it will take some time. I stopped a few passers by and ask for help lifting the man in to my car at this point his heart was still beating. I take him to the nearest hospital but he is pronounced dead on arrival. I have the hospital call the cops and and the dead mans family and the cops take me and my family to the station a shortwhile later. Long story short a case has been filed against me 304a and I am currently out on bail. Is this normal procedure? I am really worried because there seem to be a lot of people with vested interests who seem to be trying to milk this for money. The dead mans family asked me for money right after then event and threatened to harm me if I didnt pay, I told them what had happened and told the cops that I wanted to follow due process. The problem is that I ended up with a lawyer recommended by the cops and I have no clarity as to what the process is and what will be my fate. There is almost no damage to my car to indicate that I was even involved in the accident, I tried to do the right thing but it now seems my life my be spent hanging around courts or paying bribes. Please advice what are my best options?
Nice Thread,
But if it is very strictly followed by our lazy cops then most of us have to give penalty, on other hand it may also reduce hectic road accidents.
But if it is very strictly followed by our lazy cops then most of us have to give penalty, on other hand it may also reduce hectic road accidents.
Thread Starter
#73
Even if you're guilty or not, a case will be registered and you will be charged with Section 304 A of the Indian Penal Code as the other person involved in the accident has died. Its normal procedure and well warranted. And bribing or not, The charges will most probably be the same. So you paying a bribe won't change matters as such. Regarding engaging a lawyer, This is no simple matter and the charge is quite serious-
Indian Penal Code, Section 304A. Causing death by negligence.—
Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
So you need to engage a good lawyer to defend your case at trial.
Indian Penal Code, Section 304A. Causing death by negligence.—
Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
So you need to engage a good lawyer to defend your case at trial.
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Hi Jalex, great exhaustive post. Request if you could tell me whether I am allowed by MVA to carry personal luggage on the roof rack of my XUV500.I have been fined (had to bribe the police to avoid going to the police station) for doing so. Was told only commercial vehicles are permitted. Thanks
Re: All about Motor Vehicle Rules and Laws
Thanks for sharing, now i got to know all even those that i did not know.
Thanks for sharing, now i got to know all even those that i did not know.
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