Preamble - INTER-COUNTRY TRANSPORT VEHICLES RULES, 2021

INTER-COUNTRY TRANSPORT VEHICLES RULES, 2021

PREAMBLE

Whereas, the draft rules further to amend the Central Motor Vehicles Rules, 1989 were published, as required under sub-section (1) of section 212 of the Motor Vehicles Act, 1988 (59 of 1988), vide notification of the Government of India in the Ministry of Road Transport and Highways published in the Gazette of India, Extraordinary, Part II, Section (3), Sub-section (i), vide notification number GSR 392 (E), dated the 18th day of June, 2020, inviting objections and suggestions from all persons likely to be affected thereby before the expiry of the period of thirty days from the date of which copies of the Official Gazette containing the draft rules were made available to the public;

And whereas, copies of the said Gazette notification were made available to the public on the 18th June, 2020;

And whereas, objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government;

Now, therefore, in exercise of the powers conferred by sub-section (2) of section 139 of the Motor Vehicles Act, 1988 (59 of 1988) and in supersession of the Central Motor Vehicles (Regulation of Bus Service Between New Delhi and Lahore) Rules, 2000, the Central Motor Vehicles (Regulation of Bus Service between Calcutta and Dhaka) Rules, 2000, the Central Motor Vehicles (Regulation of Bus Service between Amritsar and Lahore) Rules, 2006, the Central Motor Vehicle (Regulation of Bus Service between Amritsar and Nankana Sahib) Rules, 2006 and the Central Motor Vehicles (Regulation of petroleum products supply to bottling plant in Tripura from Bangladesh) Rules, 2018 except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules regulating the Inter-Country Transport Vehicles, namely:-

Rule 1 - Short title and commencement

(1) These rules may be called as the Inter-Country Transport Vehicles Rules, 2021.

(2) They shall come into force on the date of their publication in the Official Gazette.

Rule 2 - Definitions

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

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

(b) "crew" means driver, conductor, helper and the liaison officer;

(c) ?Form? means the Form annexed to these rules;

(d) ?Inter-Country transport permit? means the permit issued by the State Transport Authority under the Act authorising the use of motor vehicle as an Inter-Country transport vehicle.

(e) ?Inter-Country transport vehicle? means a transport vehicle operating between India and any other counter under any reciprocal arrangement and carrying passengers or goods or both by road for hire or reward;

(f) ?Memorandum of Agreement? means the reciprocal arrangement entered into between the Government of the Republic of India and other country for the purpose of facilitating and regulating the services of motor vehicles operating between India and any other country.

(2) The words and expressions used herein but not defined and defined in the Act shall have the same meanings respectively assigned to them in that Act.

Rule 3 - Forms, contents and duration of the permit

(1) An application for the grant of Inter-Country transport permit shall be made in Form annexed to these rules to the State Transport Authority.

(2) The application made under sub-rule (1) shall be accompanied by a fee as mention in the Memorandum of Agreement (MoA), if any, and shall be accompanied by the following documents, namely:-

(a) Valid registration certificate;

(b) valid certificate of fitness (wherever applicable);

(c) valid insurance policy;

(d) valid permit;

(e) valid pollution under control certificate.

(3) The State Transport Authority may, after satisfying itself that the application submitted under sub-rule (1) is complete in all respects and the applicant satisfies all requirements for issuance of a permit and after making such enquiry as it thinks fit and necessary grant the Inter-Country transport permit.

(4) Every Inter-Country transport permit shall remain valid for a period of one year from the date of its issue and it shall be renewable for a period of five years on yearly basis.

Rule 4 - Eligibility conditions of Inter-Country transport vehicle

(1) An Inter-Country transport vehicle shall be so constructed and maintained as to be at all times under the effective control of the person driving it.

(2) The following documents shall be available in an Inter-Country transport vehicle operating under Inter-Country transport permit, namely:-

(a) valid registration certificate issued under the law of the country concerned;

(b) valid certificate of fitness issued under the law of the country concerned;

(c) valid insurance policy;

(d) valid permit under the law of the country concerned;

(e) list of passengers with details of their nationality in case of passenger vehicle; and

(f) valid pollution under control certificate;

(g) a valid explosive license, if any kind of hazardous goods are being transported in respect of such vehicle and shall make all the said documents available for inspection by any authority competent to inspect such vehicle;

(h) in case of goods, valid invoice, e-way bill and custom bonds etc.

Rule 5 - Conditions for the crew

(1) The driver and the conductor of the Inter-Country Transport vehicle shall be required to wear the uniform specified by the Central Government with their names prominently-displayed on it in English language.

(2) The driver or conductor of an Inter-Country transport vehicle shall produce certificate of registration, insurance, fitness and permit, the driving licence and any other relevant documents on demand by any police officer in uniform or any other officer authorised by the State Government in this behalf.

(3) The driver and conductor of an Inter country transport vehicle shall be in possession of a valid driving licence and conductor's licence, respectively issued by the competent authority of country concerned.

(4) If the driver or conductor of the Inter-Country transport vehicle is unable to perform his duties, a driver or a conductor in possession of a valid licence issued by the competent authority of the country concerned, may drive or act as a conductor of the vehicle, as the case may be.

Rule 6 - Distinguishing particulars to be exhibited on the Inter-Country transport vehicle

(1) The registration mark assigned to Inter-Country transport vehicle operating under the Memorandum of Agreement shall be clearly exhibited in reflecting colour both at front and rear of the vehicle on the plain surface of a plate affixed to the vehicle or part vehicle.

(2) The registration mark shall be in English numerals and Official Language of the respective country and the letters shall not be less than five centimeters (two inches) high and five centimeters (two inches) wide.

(3) The Inter-Country transport vehicle shall display the following details legibly both at front and rear of the vehicle in a conspicuous place indicating the starting point in India-destination point of the respective country-starting point in India.

(4) The Inter-Country transport vehicle shall display the name of the operator of the vehicle on both sides of the vehicle legibly and conspicuously.

Rule 7 - Personal effects of crew

The bus crew of a transport vehicle operating under the Memorandum of Agreement may carry such personal effects, as may be necessary, having regard to the period of their stay in the host country subject to conditions specified in the customs laws of both countries.

Rule 8 - Necessity for insurance against third party risk

The Inter-Country transport vehicle which does not have a policy of insurance that covers comprehensive or third party risks, as the case may be, arising out of the use of transport vehicle and which does not complies with the requirements of the law of the country concerned shall not operate under these rules.

Rule 9 - Responsibility of various stakeholders involved regarding movement of vehicles carrying passengers

(1) The Transport Department of the Government of the States concerned under the Memorandum of Agreement shall be responsible for the conduct of the Inter-Country transport service and shall perform various other duties assigned to them.

(2) It shall be the duty of State police to provide security to the bus service and a Deputy Inspector General rank police office shall be assigned with the responsibilities.

(3) The Health Department of the Government of the States concerned shall coordinate for medical facilities for emergencies.

(4) The Intelligence Bureau shall be the nodal agency with responsibility to coordinate the intelligence related issues for smooth conduct of Inter-Country transport service.

(5) The Inter-Country transport service shall be running for as many days as mentioned in the Memorandum of Agreement and the frequency may be reviewed by the State Transport Department and may increase the service as per demand.

(6) The Inter-Country transport service shall follow the designated routes as mentioned in the Memorandum of Agreement and the State Transport Department may decide the halting place for the buses

(7) The State Transport Department shall take care of formalities like provisioning of tickets, debugging of bus, roadworthiness of the bus, frisking or checking of passengers, handling of luggage before departure from the designated place.

(8) The various agencies shall perform responsibilities assigned to them at the Integrated Check Post of India and the compliances under various Acts at an Integrated Check Post or Land Custom Station, as the case may be, shall be fulfilled there itself.

(9) The respective Army or Border Guarding Force or Security Agencies, as the case may be, shall provide necessary prophylactic security and the goods, vehicles, passenger?s luggage and the bus may be checked thoroughly by Border Guarding Force or other Security Agencies, as the case may be, at entry or exit points of the border and any other point based on specific intelligence input.

Form - FORM

FORM

For Inter-Country Transport Permit

(See rule 3)

REGULAR PERMIT*

(Strike out whichever is not applicable)

Government of India/Government of Neighbouring country(s) of India

Permit to ply transport vehicles carrying passengers/goods/cargo between (India)-Neighbouring country(s) of India.

(a) Name, address and nationality of the operator of motor vehicle.

(b) Registration Number of the vehicle.

(c) Nature of transport operators: Point to point India-Neighbouring country(s) of India.

(d) Capacity of the vehicle:

(i) Seating capacity (Bus service)

(ii) Laden Weight

(e) Particulars of insurance policy.

(f) Particulars of Certificate of fitness.

(g) The starting and terminal points in each country.

(h) The route or routes to be followed by the scheduled passenger service vehicle/goods vehicle.

(i) The route or area to be followed by the goods vehicle.

This permit is valid from........................................ to ........................................ and is not transferable.

*means a permit issued by competent authority of one country and countersigned by the competent authority of the other country, authorising the transport vehicle to ply on route/area, as specified in such permit, and includes regular permit for passenger/goods transport.

Note: Registration papers and other documents such as insurance certificate, fitness certificate, etc., shall be carried on the vehicle(s) and made available for inspection on demand by the competent authority or any officer duly authorised by the authority.