JAMMU AND KASHMIR MOTOR VEHICLES ACT, 1998 THE JAMMU AND KASHMIR MOTOR VEHICLES ACT, 1998 [Act No. 12 of 1998] [22nd July, 1941] An Act to consolidate and amend the law relating to Motor Vehicles. Whereas it is expedient to
consolidate and amend the law relating to motor vehicles in the State of Jammu
and Kashmir; It is hereby enacted as follows:- (1)
This Act may be called the Jammu and Kashmir Motor Vehicles Act,
1998. (2)
It extends to the whole of Jammu and Kashmir State. (3)
It shall come into force on such date as the Government may by
notification appoint in this behalf provided the Government may fix different
dates for the enforcement of different parts of the Act; provided also, that
Part VIII shall not be enforced before the 1st July 1943. In this Act, unless there
is anything repugnant in the subject or context,- (1)
"axle weight" means in relation to an axle of a vehicle
the total weight transmitted by the several wheels attached to that axle to the
surface whereon the vehicle rests; (2)
"certificate of registration" means the certificate
issued by a competent authority to the effect that a motor vehicle has been
duly registered in accordance with the provisions of Part III; (3)
"contract carriage" means a motor vehicle which carries
a passenger or passengers for hire or reward under a contract expressed or
implied for the use of the vehicle as a whole at or for a fixed or agreed rate
of sum and from one point to another without stopping to pick up or set down
along the line of route passengers not included in the contract; and includes a
motor cab notwithstanding that the passengers may pay separate fares; Explanation.-"Contract
carriage" does not include a motor vehicle, possession of which has been
temporarily transferred in accordance with an agreement of hire for use as a
private vehicle and which is used in accordance with the terms of such agreement; (4)
"delivery van" means any goods vehicle the registered
laden weight of which does not exceed 5,000 pounds avoirdupois; (5)
"driver" includes, where a separate person acts as
steersman of a motor vehicle, that person as well as any other person engaged
in the driving of the vehicle; (6) "diameter
of a wheel" means diameter measured between the two opposite points on the
outer surface of the tyre, which are farthest apart; (7) "fares"
includes sums payable for a season ticket or in respect of the hire of a contract
carriage; (8) "goods"
includes live-stock, and anything (other than equipment ordinarily used with
the vehicle) carried by a vehicle except living persons, but does not include
luggage or personal effects carried in a motor car or in a trailer attached to
a motor car or the personal luggage of passengers travelling in the vehicle; (9) "goods
vehicle" means any motor vehicle constructed or adapted for use for the
carriage of goods, or any motor vehicle not so constructed or adapted when used
for the carriage of goods solely or in addition to passengers-; (10)
"heavy transport vehicle" means a transport vehicle the
registered axle weight of which exceeds 10,600 pounds avoirdupois, or the
registered laden weight of which exceeds 14,500 pounds avoirdupois; (11)
"hill road", means any road which has been declared; by
the Government by notification in the Government Gazette to be a hill road; (12)
"invalid carriage" means a motor vehicle the un-laden
weight of which does not exceed five hundred weights specially designed and
constructed, and not merely adapted for the use of a person suffering from some
physical defect or disability, and used solely by or for such a person; (13) "licence"
means the document issued by a competent authority authorizing the person specified
therein to drive a motor vehicle or a motor vehicle or any specified class or
description; (14) "licensing
authority" means an authority empowered to grant licences, appointed by
the Government by rule made under section 21; (15) "light
transport vehicle" means any public service vehicle other than a motor
cab, or any goods vehicle other than a heavy transport vehicle or a delivery
van; (16) "locomotive"
means a motor vehicle which is itself not constructed to carry any load (other
than equipment used for the purpose of propulsion), the unladen weight of which
exceeds 16,000 pounds avoirdupois; and includes a road-roller; (17) "motor
cab" means any motor vehicle constructed, adapted or used to carry not
more than six passengers excluding the driver, for hire or reward; (18) "motor
car" means any motor vehicle, other than a transport vehicle, locomotive
road-roller, tractor, motor cycle or invalid carriage; (19)
"motor cycle" means a motor vehicle other than an
invalid carriage, with less than four wheels, the unladen weight of which,
inclusive of any side car attached to the vehicle, does not exceed 900 pounds
avoirdupois; (20)
"motor vehicle" means any mechanically propelled vehicle
adapted for use upon roads whether the power of propulsion is transmitted
thereto from an external or internal source and includes a chassis to which a
body has not been attached and a trailer; but does not include a vehicle
running upon fixed rails or used solely upon the premises of the owner; (21)
"night" means the period from half an hour after sunset
to half an hour before sun-rise; (22)
"number" with reference to the number assigned to a
motor vehicle includes letters, figures and marks; (23) "outside
of the road" on a hill road means the side from which the slope of the
hill is downwards; (24) "owner"
means where the person in possession of a motor vehicle is a minor, the
guardian of such minor, and in relation to a motor Vehicle which is the subject
of a hire purchase agreement, the person in possession of the vehicle under
that agreement; (25) "pneumatic
tyre" means a tyre containing air inserted by mechanical, pressure; (26) "prescribed"
means prescribed by rules made under this Act; (27) "private
carrier" means an owner of a transport vehicle other than a public carrier
who uses that vehicle solely for the carriage of goods which are his property
or the carriage of which is necessary for the purposes of his business not
being a business of providing transport, or who uses the vehicle for any of the
purposes specified in sub-section (2) of section 42; (28)
"public carrier" means an owner of a transport vehicle
who transports or undertakes to transport goods, or any class of goods, for
another person at any time and in any public place for hire or reward, whether
in pursuance of the terms of a contract or agreement or otherwise, and includes
any person, body, association or company engaged in the business of carrying
the goods of persons associated with that person, body, association or company
for the purpose of having their goods transported; (29) "public
place" means a road, street, way or other place, whether a thoroughfare or
not, to which the public have a right of access, and includes any place or
stand at which passengers are picked up or set down by a public motor vehicle; (30) "public
service vehicle" means any motor vehicle used or adapted to be used for
the carriage of passengers for hire or reward, and includes a motor cab,
contract carriage, and stage carriage; (31) "registered
axle weight" means in respect of any vehicle the axle weight certified and
registered by the registering authority as permissible for that vehicle; (32)
"registered laden weight" means in respect of any
vehicle the total weight of the vehicle and load certified and registered by
the registering authority as permissible for that vehicle; (33)
"registering authority" means an authority empowered to
register motor vehicle under Part III; (34) "road
certificate" means the document issued by the licensing authority
authorising the use of a transport vehicle as a contract carriage, or stage
carriage, or authorising the owner as a private carrier or public carrier to
use such vehicle; (35) "scheduled
road" means a road which shall be closed or in respect of which special
restrictions shall be imposed for such classes of traffic as the Government may
specify by notification in the Government Gazette; (36) "side
car" means a wheeled carrier attached to a motor vehicle which motor
vehicle rests on not more than two wheels.; (37) "stage
carriage" means a motor vehicle carrying or adapted to carry more than six
persons excluding the driver which carries passengers for hire or reward at
separate fares paid by or for individual passengers, either for the whole
journey or for stages of the journey; (38)
"Traffic Officer" includes the Traffic Superintendent,
the Traffic Inspectors and Assistant Traffic Inspectors and such other officers
as may be empowered by the Inspector General of Police to exercise some or all
powers conferred on the Traffic officers under the Act or any rules made
thereunder; (39) "tractor"
means a motor vehicle which is not itself constructed to carry any load (other
than equipment used for the purpose of propulsion) the unladen weight of which
does not exceed 16,000 pounds avoirdupois, but excludes a road-roller; (40) "traffic
signs" includes all signals, warning sign posts, direction posts, or other
devices for the information, guidance or direction of drivers of motor
vehicles; (41) "trailer"
means any vehicle other than a side-car drawn or intended to be drawn by a
motor vehicle; (42) "transport
vehicle" means a public service vehicle, a goods vehicle, a locomotive or
a tractor other than a locomotive or tractor used solely for agricultural
purposes; (43)
"town area" have the meaning assigned to this ex-person
in the Town Area Act and includes a Municipality or a Notified Area; (44)
"unladen weight" means the weight of a vehicle or
trailer including all equipment ordinarily used with the vehicle or trailer
when working, but excluding the weight of a driver or attendant; and where
alternative parts or bodies are used the unladen weight of the vehicle means
the weight of the vehicle with the heaviest such alternative part or body; (45)
"weight" means the total weight transmitted for the time
being by the wheels of a vehicle to the surface on which the vehicle rests. (1)
No person shall drive a motor vehicle in any public place unless
he holds an effective licence issued to himself authorising him to drive the
vehicle; and no person shall so drive a motor vehicle as a paid employee or
shall so drive a public service vehicle unless his licence specifically
entitles him so to do. (2)
The Government may prescribe the conditions subject to which
sub-section (1) shall not apply to a person receiving instruction in driving a
motor vehicle. (3)
Nothing contained in sub-section (1) shall for a period of 12
months after the commencement of this Act invalidate a licence to drive a motor
vehicle issued by a competent authority under the provisions of the Jammu and
Kashmir State Motor Vehicles Act of 1075. (1)
No person under the age of 18 years shall drive a motor vehicle in
any public place. (2)
Subject to the provisions of section 14, no person under the age
of twenty years shall drive a transport vehicle in any public place. (3)
Nothing contained in sub-section (1) or sub-section (2) shall
prevent any person who, before the commencement of this Act, possessed a
licence to drive a motor vehicle from obtaining a licence to drive a motor
vehicle of the same class. No owner or person in
charge of a motor vehicle shall cause or permit any person who does not satisfy
the provisions of Section 3 or section 4 to drive the vehicle. The holder of a licence
shall not allow it to be used by any other person. (1)
Any person who is not disqualified under section 4 for driving a
motor vehicle and who is not for the time being disqualified for holding or
obtaining a licence may apply to the licensing authority for the issue to him
of a licence. (2)
Every application under sub-section (1) shall be in Form A as set
forth in the First Schedule, shall be signed by, or bear the thumb impression
of, the applicant in two places, and shall contain the information required by
the form. (3)
The licensing authority may, for reasons to be stated in writing,
direct that an application for the grant of a licence shall be accompanied by a
medical certificate in Form C, as set forth in the First Schedule, signed by a
Medical Officer of the Government Medical Department not below the rank of the
Assistant Surgeon. (4)
Every application for a licence to drive as a paid employee and
every application for a licence to drive a transport vehicle shall be
accompanied by three clear copies of a recent photograph of the applicant. (5)
If, from the application or from the medical certificate referred
to in sub-section (3), it appears that the applicant is suffering from any
disease or disability specified in the Second Schedule or any other disease or
disability which is likely to cause the driving by him of a motor vehicle of
the class which he would be authorized by the licence applied for to drive to
be a source of danger to the public or to the passengers, the licensing
authority shall refuse to issue the licence: Provided that- (a)
a licence limited to driving an invalid carriage may be issued to
the applicant, if the licensing authority is satisfied, that he is fit to drive
such a carriage. (b)
the applicant may, except where he suffers from a disease or
disability specified in the Second Schedule, claim to be subjected to a test of
his fitness or ability to drive a motor vehicle of a particular construction or
design, and, if he passes such test to the satisfaction of the licensing
authority and is not otherwise disqualified, the licensing authority shall
grant him a licence to drive such motor vehicle as the licensing authority may
specify in the licence. (6)
No licence shall be issued to any applicant unless- (a)
he passes to the satisfaction of the licensing authority the test
of competence to drive specified in the Third Schedule, or (b)
where the application is made within twelve months from the commencement
of this Act, he satisfies the licensing authority that he was at the
commencement of this Act the holder of a current licence granted under the
provisions of the Jammu and Kashmir Motor Vehicles Act, 1975, entitling him to
drive a vehicle of the class or description which he would be entitled to drive
under the licence applied for: Provided that, where the
application is for a licence to drive a motor cycle or a motor car, the
licensing authority shall exempt the applicant from Part I of the test specified
in the Third Schedule if the licensing authority is satisfied that the
applicant has previously held a licence to drive and has had not less than
twelve months' recent experience of driving a motor cycle or a motor car, as
the case may be: Provided further that where
the application is for a licence to drive a motor vehicle (not being a
transport vehicle) otherwise than as a paid employee, the licencing authority
may exempt the applicant from Part I of the test specified in the Third
Schedule if the applicant possesses a driving certificate issued by an
automobile association recognised in this behalf by the Government. (7)
The test of competence to drive shall be carried out in a vehicle
of the type to which the application refers, and, for the purposes of Part I of
the test,- (a)
a person who passes the test in driving a motor car or a motor cab
or delivery van shall be deemed to have passed the test in driving for all of
these vehicles; (b)
a person who passes the test in driving a light transport vehicle
shall be deemed to have also passed the test in driving the vehicles referred
to in clause (a); and (c)
a person who passes the test in driving a heavy transport vehicle
shall be deemed also to have passed the test in driving any motor vehicle other
than a motor cycle. (8)
When an application has been duly made to the licensing authority
and the applicant has satisfied such authority of his physical fitness and of
his competence to drive and has paid to the authority a fee of five rupees the
licensing authority shall grant the applicant a licence unless the applicant is
disqualified under section 4 for driving a motor vehicle or is for the time
being disqualified for holding or obtaining a licence. (1)
Every licence, except a licence issued under section 14, shall be
in Form D as set forth in the First Schedule and shall have affixed thereto one
of the signatures or thumb impressions given on the form of application for the
licence and, in the case of a licence to drive as a paid employee or to drive a
transport vehicle, one of the photographs referred to in sub-section (4) of
section 7. (2)
A licence shall specify whether the holder is entitled to drive as
a paid employee and whether he is entitled to drive a public service vehicle
and shall further be expressed as entitling the holder to drive a motor vehicle
of one or more of the following classes, namely:- (a)
motor cycle, (b)
motor car, (c)
motor cab, (d)
delivery van, (e)
light transport vehicle, (f)
heavy transport vehicle, (g)
locomotive, (h)
tractor, (i)
road-roller, (j)
invalid carriage, or (k)
motor vehicle of a specified description. (1)
Subject to any rules-made by the Government under sub-section (3),
a licence issued under the foregoing sections shall be effective throughout the
Jammu and Kashmir State. (2)
Subject to any rules made by the Government under section 92, and
subject, in any other case, to the provisions of sub-section (4), a licence to
drive a motor vehicle issued by a competent authority in British India shall be
valid throughout the Jammu and Kashmir State as if it were a licence issued
under this Act: Provided that such' holder
is not disqualified under any of the provisions of this Act for getting his
licence renewed in Jammu and Kashmir State. (3)
The Government may, by rules made under section 21,- (a)
provide that a specification entitling the holder of a licence to
drive a public service vehicle shall be made in the licence only by or under
the authority of the licensing authority, (b)
regulate the submission of applications for such licences to the
licensing authority, or (c)
require as a condition of its validity in the State that a licence
entitling" the holder to drive a public service vehicle shall be
countersigned by the licensing authority. (4)
(a) His Highness' Government may enter into reciprocity with any
Indian State or territory in matters regarding licensing of drivers of private
motor vehicles. (b) Every person holding a
valid licence to drive a private motor vehicle granted by a competent authority
in any Indian State or territory having reciprocity with this State under
sub-clause (a) above, in accordance with the provisions of any law and rules
relating to the licensing of drivers in force therein shall be deemed to be
duly licensed under this Act. (c) If the Government is
satisfied that licences issued in the Jammu and Kashmir State under this Act
are not effective in any Indian State or territory or are effective subject to
unreasonable conditions or that like conditions and requirements to those
imposed by this Act are not imposed in a reasonable degree upon the issue of
licences in any Indian State or territory, the Government shall, by
notification in the Government Gazette, declare that private driving licences issued
in any such State or territory shall not be valid in Jammu and Kashmir State. A licence issued under the
foregoing sections shall, subject to the provisions contained in this Act as to
the cancellation of licences and the disqualification of holders of licences
for holding or obtaining licence, be effective without renewal for a period of
twelve months only from the elate of issue or last renewal. (1)
The licensing authority may, on application made to it, renew a
licence issued under the provisions of this Act. (2)
An application for the renewal of a licence shall be made in Form
B as set forth in the First Schedule and shall contain the declaration required
by that Form; provided that where the applicant does not or is unable to
subscribe to the said declaration the provisions of sub-section (5) of section
7 shall apply. (3)
The fee payable for the renewal of a licence shall be three
rupees, if the application is made previous to, or not more than fifteen days
subsequent to the date on which a licence is due to expire and shall be five
rupees in any other case, unless the licensing authority is satisfied that the
holder was prevented by good cause from applying for the renewal of a licence
within fifteen clays after its expiry. Notwithstanding anything
contained in the foregoing sections, the licensing authority may at any time
revoke a licence issued by it, or may require, as a condition of continuing to
hold such licence, the holder thereof to furnish a fresh medical certificate in
Form C as set forth in the First Schedule signed as required by sub-section (3)
of section 7, if the licensing authority has reasonable grounds to believe that
the holder of licence is, by virtue of any disease or disability, unfit to
drive a motor vehicle. (1)
Where the licensing authority refuses to issue or revokes or
refuses to renew any licence, it shall do so by an order communicated to the
applicant or the holder, as the case may be, giving the reasons in writing for
such refusal or revocation. (2)
Any person aggrieved by the refusal of the licensing authority to
grant or renew a licence or by the revocation of a licence may, within thirty
days of such refusal or revocation, appeal to the prescribed authority, who
shall decide the appeal after giving the licensing authority an opportunity of
being heard, and the decision of the appellate authority shall be binding on
the licensing authority. (3)
The order of the licensing authority shall, unless the appellate
authority, conditionally or unconditionally, directs otherwise, be in force
pending the disposal of an appeal under subsection (2). (1)
The Chief of the Military Staff may grant licences, valid
throughout the State, to persons who have completed their eighteenth year to
drive motor vehicles which are the property of the Jammu and Kashmir State
Military Department. (2)
A licence issued under this section shall specify the class or
classes of vehicle which the holder is entitled to drive and the period for
which he is so entitled. (3)
A licence issued under this section shall not entitle the holder
to drive any motor vehicle except a motor vehicle which is the property of the
Military Department. (4)
The Chief of the Military Staff shall at the request of the
licensing authority or the Traffic Superintendent furnish such information
respecting any person to whom a licence is issued as any of these officers may
at any time require. (1)
If the licensing authority is satisfied after giving him an
opportunity of being heard that any person- (a)
is a habitual drunkard or a habitual offender of any of the
descriptions given in clauses (a) to (e) of section no of the Code of Criminal
Procedure, or (b)
is using or has used a motor vehicle in the commission of a
cognizable offence, or (c)
has by his previous conduct as a driver of a motor vehicle shown
that his driving is likely to be attended with danger to the public it may, for
reasons to be recorded in writing, make an order disqualifying that person for
a specified period for holding or obtaining a licence. (2)
Upon the issue of any such order a person affected, if he is the
holder of a licence, shall forthwith surrender his licence to the licensing
authority if the licence has not already been surrendered, and the licensing
authority shall- (a)
if the licence is a licence issued under this Act, keep it until
the disqualification has expired or has been removed, and the person entitled
to the licence has made a demand for its return to him; (b)
if it is not a licence issued under this Act, endorse the
disqualification upon it and send it to the licensing authority by which it was
issued. (3)
Any person aggrieved by an order made by the licensing authority
under this section may, within thirty days of such order, appeal to the
prescribed authority, and such appellate authority shall give notice to the
licensing authority and hear either party if so required by that party and may
make such enquiry into the matter as it thinks fit. An order made by any such
appellate authority shall be final. (1)
The Traffic Superintendent may for reasons to be recorded in
writing and subject to the conditions prescribed in section 15(1) declare any
person disqualified, for a period riot exceeding one year, for holding or
obtaining a licence to drive a public service vehicle in the State. (2)
Upon the issue of any such order a person affected, if he is the
holder of a licence, shall forth with surrender his licence to the Traffic
Superintendent, if the licence has not already been surrendered and the Traffic
Superintendent shall forward it to the licencing authority along with a copy of
the order, under which the holder of the licence is disqualified for holding or
obtaining a licence to drive a public service vehicle in the State. (3)
The licensing authority on receiving such licence shall act
according to (a) or (b) of sub-section (2) of section 15. (4)
Any person aggrieved by an order of the Traffic Superintendent
made under sub-section (1) may within thirty days of such order appeal against
the order to the licensing authority and the licensing authority shall give
notice to the Traffic Superintendent and hear either party if so required by
that party and may make such enquiry into the matter as it thinks fit. An order
made by the licensing authority shall be final. (1)
Where a person is convicted of an offence under this Act, or of an
offence in the commission of which a motor vehicle was used, the Court by which
such person is convicted may, subject to the provision of this section, in
addition to imposing any other punishment authorised by law, declare the person
so convicted to be disqualified, for such a period as the Court may specify,
for holding any licence or for holding a licence to drive a particular class or
description of vehicle. (2)
A Court shall order the disqualification of an offender convicted
of an offence punishable under section 117, and such disqualification shall be
for a period of not less than six months. (3)
A Court shall order the disqualification of an offender convicted
of an offence against the provisions of clause (c) of subsection (1) of section
87 or of section 89 and such disqualification shall be for a period of not less
than one month. (4)
A Court shall, unless for special reasons to be recorded in
writing it thinks fit to order otherwise, order the disqualification of an
offender- (a)
who have been convicted of an offence punishable under section 116
is again convicted of an offence punishable under that section, (b)
who is convicted of an offence punishable under section 120, or (c)
who is convicted of an offence punishable under section 123: Provided that the period of
disqualification shall not exceed one year. (5)
A Court ordering the disqualification of an offender convicted of
an offence punishable under section 116 may direct that the offender shall,
whether he has previously passed the test of competence to drive specified in
the Third Schedule or not, remain disqualified until he has subsequent to the
making of the order of disqualification passed that test to the satisfaction of
the licensing authority. (6)
The Court to which an appeal lies from any conviction of an
offence of the nature specified in sub-section (1) may set aside or vary any
order of disqualification made by the Court below, and the Court to which
appeals ordinarily lie from any Court may set aside or vary any order of
disqualification made by that Court notwithstanding that no appeal lies against
the conviction in connection with which such order was made. (1)
A person in respect of whom any disqualification order is made
shall be debarred to the extent and for the period specified in such order from
holding or obtaining a licence and the licence, if any, held by such person at
the date of the order shall cease to be effective during such period. (2)
The operation of a disqualification order made under section 17
shall not be suspended or postponed while an appeal is pending against such
order or against the conviction as a result of which such order is made, unless
the appellate Court so directs. (3)
Any person in respect of whom any disqualification order has been
made may at any time after the expiry of four months from the date of the order
apply to the Court or other authority by which the order was made, to remove
the disqualification; and the Court or authority, as the case may be, may,
having regard to all the circumstances, either remove or vary the order of
disqualification: Provided that where an
application has been made under this section, a second application thereunder
shall not be entertained before the expiry of a further period of two months. (1)
The Court or authority making an order of disqualification shall
endorse or cause to be endorsed upon the licence, it any, held by the person
disqualified particulars of the order of disqualification and of any conviction
of an offence in respect of which an order of disqualification is made; and
particulars of any removal or variation of an order of disqualification made
under sub-section (3) of section 18 shall be similarly so endorsed. (2)
A Court by which any person is convicted of an offence specified
in the Fifth Schedule shall, whether or not an order of disqualification is
made in respect of such conviction, endorse or cause to be endorsed particulars
of such conviction on any licence held by the person convicted. (3)
Any person accused of an offence specified in the Fifth Schedule
shall when attending the Court bring with him his licence if it is in his
possession. (1)
An endorsement on any licence shall be transferred to any new or
duplicate licence obtained by the holder thereof until the holder becomes
entitled under the provisions or this section to have a licence issued to him
free from endorsement. (2)
Where a licence is required to be endorsed and the licence is at
the time not in the possession of the Court or authority by which the
endorsement is to be made then- (a)
if the person in respect of whom the endorsement is to be made is
at the time the holder of a licence, he shall produce the licence to the Court
or authority within 5 days or such longer time as the Court or authority may
fix, or (b)
if, not being then the holder of a licence, he subsequently
obtains a licence, he shall within 15 days after obtaining the licence produce
it to the Court or authority; and if the licence is not produce within the time
specified it shall on the expiration of such time be of no effect until it is
produced for the purpose of endorsement. (3)
A person whose licence is endorsed shall, if during a continuous
period of three years since the last endorsement was made no further order of
endorsement has been made against him, be entitled, on surrendering his licence
and on payment of a fee of five rupees, to receive a new licence free from all
endorsements. If the endorsement was only in respect of exceeding a speed
limit, he shall be entitled to have a clean licence issued on the expiration of
one year from the date of the order: Provided that in reckoning
the said period of three years and one year, respectively, any period during
which the said person was disqualified for holding or obtaining a licence shall
be excluded. (4)
When a licence is endorsed or an order of endorsement is made by
any Court, the Court shall send particulars of the endorsement or order, as the
case may be, to the licensing authority by which the licence was last renewed
and to the licensing authority which granted the licence. (5)
Where, on an appeal against any conviction or order of a Court
which has been endorsed on a licence, the appellate Court varies or sets aside
the conviction or order, the appellate Court shall inform the licensing
authority and the licensing authority shall amend or cause to be amended the
endorsement of such conviction or order. (1)
The Government may make rules for the purpose of carrying into
effect the provisions of this Part. (2)
Without prejudice to the generality of the foregoing power, such
rules may provide for- (a)
the appointment, jurisdiction, control and functions of the
licensing authority, and other prescribed authorities; (b)
for the conduct and hearing of appeals that may be preferred under
this Part; (c)
the issue of duplicate licences to replace licences lost,
destroyed or mutilated, the replacement of photographs which have become
obsolete, and the issue of temporary licences to persons receiving instructions
in driving, and the fees to be charged therefore; (d)
the medical examination and testing of applicants for licences and
of drivers and the fees to be charged therefore; (e)
the refund of fees paid under the provisions of this Act or of any
enactment relating to motor vehicles in force in the State at the commencement
of this Act; (f)
the granting by medical officers of the Government Medical
Department, not below the rank of Assistant Surgeon, of the certificates
referred to in sub-section (3) of section 7; (g)
the communication of particulars of licences granted by one
licensing authority to other licensing authority; (h)
the control and registration of mechanical work-shops which
undertake the work of repairs etc. of motor vehicles; (i)
the exemptions of drivers of road-rollers from all or any of the
provisions of this Part or of the rules made thereunder; and (j)
any other matter which is to be or may be prescribed. (1)
No person shall drive any motor vehicle and no owner of a motor
vehicle shall cause or permit the vehicle to be driven in any public place or
in any other place for the purpose of carrying passengers or goods unless the
vehicle is registered in accordance with this Part and the certificate of
registration of the vehicle has not been suspended or cancelled and the vehicle
carries a registration mark displayed in the prescribed manner. (2)
Nothing in this section shall apply to a motor vehicle while being
driven for the purpose of being registered under section 23, 25 or 39 or to a
motor vehicle exempted from the provisions of this Part while in the possession
of a dealer in motor vehicles. (1)
Subject to the provisions of section 25 and section 39, every
owner of a motor vehicle shall cause the motor vehicle to be registered by the
registering authority. (2)
A motor vehicle already registered under any enactment in force in
the Jammu and Kashmir State at the commencement of this Act shall be deemed to
be registered under this Act until the expiry of one year and on the
application of the owner before that date shall be registered under this Act
without payment of any registration fee. (3)
The Government may, by rules made under section 41, provide that
within a prescribed period certificates of registration of any prescribed class
of transport vehicles deemed to be registered under this Act by virtue of
sub-section (2) shall be presented to the registering authority for the entry
therein of all or any of the particulars specified in section 37. (1)
An application by or on behalf of the owner of a motor vehicle for
registration shall be in Form E as set forth in the First Schedule, shall
contain the information required by that form, and shall be accompanied by the
prescribed fee. (2)
The registering authority shall assign to the vehicle, for display
thereon in the prescribed manner, a distinguishing mark (in this Act referred
to as the registration mark) consisting of letters J. and K. followed by a
number containing not more than four figures; and the letters and figures shall
be shown- (a)
in the case of transport vehicles...............in black on a
white ground; (b)
in the case of temporary registrations (section 25).........in red
on a yellow ground; (c)
in the case of registration marks allotted to dealers [section
41(2)(j)]........................in white on a red ground; (d)
in other cases......................in white on a black ground: Provided that the
registration mark assigned to a motor vehicle belonging to any department of
the Government shall have the figures in Roman figures and the name of the
department inserted between the group of letters and figures in the manner
shown below:- J. & K. POLICE I, or II, or III. (1)
Notwithstanding anything contained in section 23, the owner of a
motor vehicle may apply to the registering authority to have the vehicle
temporarily registered in the prescribed manner and for the issue in the
prescribed manner of a temporary certificate of registration and a temporary
registration mark. (2)
A registration made under this section shall be valid only for a
period not exceeding one month, and shall not be renewable. The registering authority
may before proceeding to register a motor vehicle require the person applying
for registration of the vehicle to produce the vehicle either before itself or
any Traffic Officer in order that the registering authority may satisfy itself
that the particulars contained in the application are true and that the vehicle
complies with the requirements of Part V and of the rules made thereunder. The registering authority
may refuse to register any motor vehicle if the vehicle is mechanically
defective or fails to comply with the requirements of Part V or of the rules
made thereunder, or if the applicant fails to furnish particulars of any
previous registration of the vehicle, and it shall furnish the applicant whose vehicle
is refused registration with the reasons in writing for such refusal. (1) A motor
vehicle registered in accordance with this Part or deemed to be registered
under this Act and a certificate of registration issued or in force under this
Act in respect of such vehicle shall be effective throughout the State: Provided that the
Government may, by rules made under section 41, provide that the certificates
of registration of transport vehicles of any prescribed class effective by
virtue of sub-section (2) of section 23 shall not be valid unless they contain
the particulars specified in section 37 or such of those particulars as may be
prescribed. (2) Subject
to any rules made by the Government under section 92, and subject, in any other
case, to the provisions of sub-section (1) of section 23 and sub-section (3)
and sub-section (4) of this section, a motor vehicle registered by a competent
authority in British India or in any Indian State shall not require to be
registered in this State: Provided that there is in
force in respect of the vehicle a certificate conforming to and containing
substantially the same particulars as the certificate of registration in Form G
as set forth in the First Schedule issued by such competent authority in
respect of such vehicle. (3)
A certificate complying with the requirements of the proviso to
sub-section (2) shall be effective throughout the State as if it were a
certificate of registration issued under this Act. (4)
Sub-section (2) shall not apply to any motor vehicle previously
registered in the State, if the certificate of the registration of the vehicle
in the State is for the time being suspended or cancelled for any reason other
than that of permanent removal of the vehicle from the State. (5)
If at any time the Government is satisfied that motor vehicles
registered in the State under this Act are not permitted to be driven in any
British Indian Province or any Indian State without fresh registration in such province
or State, or are permitted to be driven only subject to unreasonable conditions
or that like conditions and requirements to those imposed under this Act
(including the specifications of the particulars required by Form G as set
forth in the First Schedule) are not imposed in a reasonable degree upon the
issue and for the continued effectiveness of certificates of registration in
any province or State as aforesaid, the Government shall by notification in the
Government Gazette, declare that certificates of registration generally or in
respect of any particular class of motor vehicle issued in any such province or
State shall not be effective in this State. The Government may make
rules under section 41 requiring the Owner of a motor Vehicle not registered
within the State, which is brought into or is for the time being in the State,
to furnish to the registering authority in the State such information with
respect to the motor vehicle and its registration as may be prescribed. (1)
If the owner of a motor vehicle ceases to reside or have his place
of business at the address recorded in the certificate of registration of the
vehicle, he shall, within thirty days of any such change of address, intimate
his new address to the registering authority and shall at the same time forward
the certificate of registration to the registering authority in order that the
new address may be entered therein. (2)
Nothing in sub-section (1) shall apply where the change of the
address recorded in the certificate of registration is due to a temporary
absence not intended to exceed six months in duration or where the motor
vehicle is neither used nor removed from the address recorded in the
certificate of registration. Within thirty days of the
transfer of ownership of any motor vehicle registered under this Part, the
transferee shall report the transfer to the registering authority and shall
forward the certificate of registration to the registering authority together
with the prescribed fee in order that particulars of the transfer of ownership
may be entered therein. If a motor vehicle is so
altered that the particulars contained in the certificate of registration are
no longer accurate, the owner of the vehicle shall, within fourteen clays of
the making of any such alteration, report the alteration to the registering
authority and shall forward the certificate of registration to the authority
together with the prescribed fee in order that particulars of the alteration
may be entered therein: Provided that it shall not
be necessary to report any change in the unladen weight of the motor vehicle
consequent on the addition or removal of fittings or accessories, if such
change does not exceed two per cent. of the weight entered in the certificate
of registration. (1)
If the registering authority or the Traffic Superintendent has
reason to believe that any motor vehicle is in such a condition that its use in
a public place would constitute a danger to the public, or that it fails to
comply with the requirements of Part V or of the rules made thereunder, he may,
after giving the owner an opportunity of making any representation he may wish
to make, for reasons to be recorded in writing suspend the certificate of
registration of the vehicle until the defects are remedied to his satisfaction. (2)
The Traffic Superintendent shall, when making a suspension order
under sub-section (1), intimate in writing the fact of suspension and the
reasons thereof to the registering authority. (3)
Where the registration of a motor vehicle has been suspended under
sub-section (1) and when the suspension has continued without interruption for
a period not less than six months, the registering authority may cancel the
registration. (4)
The owner of a motor vehicle shall, on the demand of the
registering authority or the Traffic Superintendent who has suspended the
certificate of registration of the vehicle under this section, surrender the
certificate of registration and any token or card issued to authorize the use
of vehicle in a public place. (5)
A certificate of registration and any token or card surrendered
under sub-section (4) shall be returned to the owner when the order suspending
registration has been rescinded and not before. (1)
If a motor vehicle has been destroyed or has been rendered
permanently incapable of use, the owner shall, within thirty days or as soon as
may be, report the fact to the registering authority and shall forward to that
authority the certificate of registration of the vehicle together with any token
or card issued to authorise the use of the vehicle in a public place. (2)
The registering authority shall cancel the registration and the
certificate of registration. (3)
The registering authority may order the examination of a motor
vehicle by the Traffic Superintendent and, if upon such examination and after
giving the owner an opportunity to make any representation he may wish to make,
it is satisfied that the vehicle is in such a condition that its use in a
public place would constitute a danger to the public and that it is beyond
reasonable repair, may cancel the registration of the vehicle. (4)
If the registering authority is satisfied that a motor vehicle has
been permanently removed out of the State, the registering authority shall
cancel the registration. (5)
The registering authority canceling the registration of a motor
vehicle under section 33 or under this section shall communicate the fact in
writing to the owner of the vehicle and the owner of the vehicle shall
forthwith surrender to that authority the certificate of registration of the
vehicle and any token or card issued to authorise the use of vehicle in a
public place. (6)
The registering authority making an order of cancellation under
this section shall cancel the certificate of registration and the entry
relating to the vehicle in its records. (1)
Any owner of a motor vehicle aggrieved by an order of refusal
under section 27 to register a motor vehicle or under sub-section (1) of
section 38 to issue a certificate of fitness or by an order of suspension or
cancellation made under section 33 or 34 or by an order of cancellation under
sub-section (3) of section 38 may, within sixty days of such order, appeal
against the order to the prescribed authority. (2)
The appellate authority shall give notice of the appeal to the
registering authority and after giving opportunity to the registering authority
and the appellant to be heard either personally or by pleader in the appeal
pass such orders as it thinks fit: Provided that orders of the
registering authority shall remain in force pending the disposal of the appeal
unless the appellate authority otherwise directs. (1) After the
commencement of this Act, the registering authority shall refuse to register
any transport vehicle other than a motor cab, unless the application for
registration is accompanied by a document in Form F as set forth in the First
Schedule signed by the maker of the vehicle or an assembler duly authorised by
the maker in this behalf stating the greatest laden weight and greatest axle
weight for which the vehicle is and the several axles are de-signed: Provided that nothing in
this, sub-section shall apply to any application for the registration of a
transport vehicle already registered under any enactment in force at the
commencement of this Act. (2) Where a
transport vehicle or chassis, as the case may be, has affixed to it a metal
plate, bearing the stamp of the maker or assembler and identified as
appertaining to the particular vehicle or chassis to which it is attached which
contains the particulars specified in sub-section (1), that plate may at the
discretion of the registering authority be deemed to be the document referred
to in sub-section (1). (1)
The registering authority, when registering a transport vehicle
other than a motor cab, shall enter in the record of registration and shall
also enter in the certificate of registration of the vehicle the following
particulars, namely:- (a)
the unladen weight of the vehicle; (b)
the number, nature and size of the tyre attached to each wheel; (c)
the registered laden weight of the vehicle and the registered axle
weights pertaining to the several axles thereof, fixed in accordance with
sub-section (2) with reference to the particulars of the tyres entered in the
certificate of registration; and (d)
if the vehicle is used or adapted to be used for the carriage of
passengers solely or in addition to goods, the number of passengers for whom
accommodation is provided, and the owner of the vehicle shall have the said
particulars exhibited in the prescribed manner on the vehicle. (2)
Notwithstanding any statement contained in the document referred
to in sub-section (1) of section 36 as supplied by the maker or assembler of a
transport vehicle, the registered weight to be recorded by the registering
authority for any axle shall not exceed the permissible weight for that axle
calculated in accordance with the Seventh Schedule, nor shall the registered
laden weight of the vehicle exceed the sum of the several axle weights as so
determined: Provided that where it
appears to the Government that heavier weights than those specified in the
Seventh Schedule may be permitted in a particular locality for vehicles of a
particular type, the Government may by notification in the Government Gazette
direct that provisions' of the sub-section shall apply with such modification
as may be specified in the notification. (3) When by
reason of an alteration in the number, nature or size of tyres attached to the
vehicle the registered laden weight or any registered axle weight recorded in
the certificate of registration no longer accords with the laden weight or the
axle weight as determined in accordance with sub-section (2), the provisions of
section 32 shall apply, and the registering authority shall enter in the
certificate of registration a revised registered laden weight and registered
axle weights. (1)
Subject to the provisions of section 39, a transport vehicle shall
not be deemed to be validly registered for the purposes of section 22, unless
it carries a certificate of fitness in Form H as set forth in the First
Schedule, issued by the registering authority, to the effect that the vehicle
complies for the time being with all the requirements of Part V and the rules
made thereunder. Where the registering authority refuses to issue such
certificate, it shall supply the owner of the vehicle with its reasons in
writing for such refusal. (2)
Subject to the provisions of sub-section (3) a certificate of
fitness shall remain effective for three years, unless a shorter period, not
being in any case less than six months, is specified in the certificate by the
registering authority. (3)
The issuing authority may, for reasons to be recorded in writing,
cancel a certificate of fitness at any time, if satisfied that the vehicle to
which it relates no longer complies with all the requirements of this Act and
the rules made thereunder; and on such cancellation the certificate of
registration of the vehicle and road certificate granted in respect of the
vehicle under Part IV shall be deemed to be suspended until a new certificate
of fitness has been obtained. (4)
Notwithstanding anything contained in sub-section (1), the
Government may, until the expiry of one year from the commencement of this Act,
by rules made under section 41, dispense with the necessity for a certificate
of fitness in the case of all or any transport vehicles in respect of which
certificates of registration and permits had already been issued before the
commencement of this Act. (1)
The Chief of the Military Staff may register any motor vehicle
which is the property of the Military Department; and any vehicle so registered
shall not, so long as it remains the property of the Military Department,
require to be registered otherwise under this Act. (2)
A transport vehicle registered under this section shall carry a
certificate of fitness in Form H as set forth in the First Schedule issued by
the authority referred to in sub-section (1). (3)
The authority registering a vehicle under sub-section (1) shall
assign a registration mark consisting of letters K.M.T., followed by a number
written in Roman figures; and the registration mark shall be shown in colours
as prescribed in sub-section (3) of section 24. The authority shall also issue
a certificate in respect of the vehicle that the vehicle has been registered
under this section. (4)
If a vehicle registered under this section ceases to be the
property of the Military Department, the provisions of section 23 shall
thereupon apply. (5)
The authority registering a vehicle under sub-section (1) shall
furnish to the registering authority or the Traffic Superintendent all such
information regarding the general nature, over all dimensions, and axle weights
of the vehicle as any of these officers may at any time require. (1)
The registration mark assigned to a trailer shall be displayed in
the prescribed manner on the side of the vehicle. (2)
No person shall drive a motor vehicle to which a trailer is or
trailers are attached unless the registration mark of the motor vehicle so
driven is displayed in the prescribed manner on the trailer or on the last
trailer in the train, as the case may be. (1)
The Government may make rules for the purpose of carrying into
effect the provisions of this Part. (2)
Without prejudice to generality of the foregoing power, such rules
may provide for- (a)
the conduct and hearing of appeals that may be preferred under
this Part; (b)
the appointment, and functions of registering and other prescribed
authorities; (c)
the issue of certificates of registration and duplicate
certificate of registration to replace certificates lost, destroyed or
mutilated; (d)
the temporary registration of motor vehicles, and the issue of
temporary certificates of registration and marks; (e)
the manner in which registration marks and the particulars
referred to in sub-section (1) of Section 37, and other prescribed particulars
shall be exhibited; (f)
the fees to be charged for the issue or alteration of certificates
of registration, for certificates of fitness, for registration marks, and for
the examination or inspection of motor vehicles, and the refund of such fees; (g)
the forms, other than those set forth in the First Schedule to be
used for the purposes of this Part; (h)
the particulars to be furnished by the owner of any motor vehicle
to the registering authority, upon the transfer of possession of the motor
vehicle under the terms of a hiring agreement; (i)
the extension of the validity of certificate of fitness pending
consideration of applications for their renewal; (j)
the exemption from the provisions of this Part, and the conditions
and fees for exemption, of motor vehicles in the possession of dealers; (k)
the exemption of road-rollers from all or any of the provisions of
this Part and the rules made thereunder, and the conditions governing such
exemption; and the exemption of the delivery vans from the provisions of
section 38 and the conditions governing such exemption; and (l)
any other matter which is to be or may be prescribed. (1) No owner
of a transport vehicle shall use or permit the use of the vehicle in any public
place, save in accordance with the conditions of a road certificate granted by
the registering authority authorising the use of the vehicle in that place in
the manner in which the vehicle is being used: Provided that a stage
carriage road certificate shall, subject to any conditions that may be
specified in the road certificate, authorise the use of the vehicle as a
contract carriage: Provided further that a
stage carriage road certificate may, subject to any conditions that may be
specified in the road certificate, authorise the use of the vehicle as a goods
vehicle either when carrying passengers or not: Provided further that a
public carrier's road certificate shall, subject to any conditions that may be
specified in the road certificate, authorise the holder to use the vehicle for
the carriage of goods for or in connection with a trade or business carried on
by him. (2)
In determining, for the purposes of this Part, whether a transport
vehicle is or is not used for the carriage of goods for hire or reward- (a)
the delivery or collection by or on behalf of the owner of goods
sold, used or let on hire or hire purchase in the course of any trade or
business carried on by him other than the trade or business of providing
transport, (b)
the delivery or collection by or on behalf of the owner of goods
which have been or which are to be subjected to a process or treatment in the
course of a trade or business carried on by him, or (c)
the carriage of goods in a transport vehicle by a manufacturer of
or agent or dealer in such goods whilst the vehicle is being used for
demonstration purposes, shall not be deemed to constitute a carrying of the
goods for hire or reward; but the carriage in a transport vehicle of goods by a
person not being a dealer in such goods who has acquired temporary ownership of
the goods for the purpose of transporting them to another place and there
relinquishing ownership shall be deemed to constitute a carrying of the goods
for hire or reward. (3)
Sub-section (1) shall not apply- (a)
to any transport vehicle owned by or on behalf of the Military
Department or the Government; (b)
to any transport vehicle owned by a local authority or by a person
acting under contract with a local authority and used solely for road
cleansing, road watering or conservancy purposes; (c)
to any transport vehicles used solely for police, fire bridge or
ambulance purposes; (d)
to any transport vehicles used solely for the conveyance of
corpses; (e)
to any transport vehicle used for towing a disabled vehicle or for
removing goods from a disabled vehicle to a place of safety; (f)
to any transport vehicle used for any other public purpose
prescribed in this behalf; (g)
to any transport vehicle owned by, and used solely for the
purposes of, any educational institution which is recognized by the Government
or whose managing committee is a society registered by the Government; (h)
subject to any prescribed condition, to any transport vehicle
owned by the Government of any province of British India or by any Indian State
used for Government purposes unconnected with any commercial enterprise; or (i)
to any trailer used for any purpose other than the carriage of
goods for hire or reward when drawn by a motor vehicle constructed for the
carriage of not more than six passengers excluding the driver. (4)
Subject to the provisions of sub-section (3), sub-section (1)
shall, if the Government by rule made under section 68 so prescribes, apply to
any motor vehicle adapted to carry more than nine passengers excluding the
driver. (1)
The registering authority, having regard to- (a)
the advantages offered to the public, trade and industry by
development of motor transport, and (b)
the desirability of co-ordinating road and rail transport, and (c)
the desirability of preventing the deterioration of the road
system, and (d)
the desirability of preventing uneconomic competition among motor
vehicles and after having heard the representatives of the interests affected,
may by notification in the Government Gazette- (e)
prohibit or restrict throughout the State or in any area or on any
route within the State, subject to such conditions as it may think desirable,
the conveying of long distance goods traffic generally, or of prescribed
classes of goods, by private or public carriers; or (f)
fix maximum or minimum fares or freights for stage carries and
public carriers to be applicable throughout the State or within any area or on
any route within the State. (1)
The registering authority shall permit, at such intervals of time
as it may fix, the interests affected by any notification issued under
sub-section (1) of section 43 to make representations urging the cancellation
or variation of the notification on the following grounds, namely:- (a)
that conditions have changed since the publication of the
notification; or (b)
that the special needs of a particular industry or locality
required to be considered afresh. (2)
If the registering authority, after considering any representation
made to it under sub-section (1) and having heard the representatives of the
interests affected, is satisfied that any notification issued under sub-section
(1) of section 43 ought to be cancelled or varied, it may cancel the
notification or vary it in such manner as it thinks fit. Every application for a
road certificate shall be made to the registering authority. An application for a road certificate
to use a motor vehicle as a stage carriage (in this Part referred to as a stage
carriage road certificate) shall contain the following particulars, namely:- (a)
the type and seating capacity of the vehicle in respect of which
the application is made; (b)
the route or routes on which or the area within which it is
intended to use the vehicle; (c)
the time table, if any, of the service to be provided; and (d)
such other matters as may be prescribed. (1)
The registering authority shall, in deciding whether to grant or
refuse a stage carriage road certificate, have regard to the following matters,
namely:- (a)
the interest of the public generally; (b)
the advantages to the public of the service to be provided,
including the saving of time likely to be effected thereby and any convenience
arising from journeys not being broken; (c)
the adequacy of existing road passenger transport services between
the places to be served, the fares charged by those services and the effect
upon those services of the service proposed; (d)
the benefit to any particular locality or localities likely to be
afforded by the service; (e)
the operation by the applicant of other transport services and in
particular of unremunerative services in conjunction with remunerative
services; and (f)
the condition of the roads included in the proposed route or
routes; (g)
and shall also take into consideration any representations made by
persons already providing road transport facilities along or near the proposed
route or routes or by any local authority, police authority or traffic
authority within whose jurisdiction any part of the proposed route or' routes
lies or by any association interested in the provision of the road transport
facilities. (2)
The registering authority shall refuse to grant a stage carriage
road certificate if it appears from any time table furnished that the
provisions of this Act relating to the speed at which vehicles may be driven
are likely to be contravened: Provided that before such
refusal an opportunity shall be given to the applicant to amend the time table
so as to conform to the said provisions. The registering authority
may, after consideration of the matter set forth in sub-section (1) of section
47,- (a)
limit the number of stage carriages in respect of which stage
carriage road certificates may be granted for a specified route or for
specified routes or for a specified area; (b)
limit the use of specified routes to stage carriages of a
particular type or design; (c)
issue a stage carriage road certificate in respect of a particular
stage carriage or a particular service of stage carriages; (d)
regulate timings of arrival or departure of stage carriages
whether they belong to a single or more owners; or (e)
attach to a stage carriage road certificate any prescribed
condition or any one or more of the following conditions namely;- (f)
that the service specified in the road certificate shall be
commenced not later than a specified date and be continued for a specified
period; (g) that the
service may be varied only in accordance with specified conditions; (h) that
copies of the fare table and time table shall be exhibited on the stage
carriage and that the fare table and time table so exhibited shall be observed; (i) that not
more than a specified number of passengers and not more than a specified amount
of luggage shall be carried on any specified vehicle at any one time; (j) that
within municipal limits and in such other areas and places as may be prescribed
passengers shall not be taken up or set down at or except at specified points;
or (k)
that tickets shall be issued to passengers for the fares paid. An application for a road
certificate to use a motor vehicle as a contract carriage (in this Part
referred to as contract carriage road certificate) shall contain the following
particulars, namely:- (a)
the type and seating capacity of the vehicle; (b)
the area for which the road certificate is required; (c)
in the case of a motor vehicle other than a motor cab the manner
in which it is claimed that the public convenience will be served by the
vehicle; (d)
any other particulars which may be prescribed. The registering authority
shall, in deciding whether to grant or refuse a contract carriage road
certificate, have regard to the extent to which additional contract carriages
may be necessary or desirable in the public interest; and shall also take into
consideration any representations which may then be made or which may
previously have been made by persons already holding contract carriage road
certificates in the State or by any local authority, police authority or
traffic authority to the effect that the number of contract carriages for which
road certificates have already been granted is sufficient for or in excess of
the needs of the State or any area within the State. The registering authority
may, after consideration' of the matters set forth in section 50. (a)
limit the number of contract carriages generally or contract
carriages of any specified type for which contract carriage road certificates
may be granted in the State or any area specified within the State; (b)
fix in the case of motor cabs the fares which may be charged; (c)
require that every motor cab shall carry a copy of the fare table
for inspection by passengers; (d)
require that any motor cab shall be fitted with a taxi meter; or (e)
impose on the use of a contract carriage any other condition which
may be prescribed. An application for a road
certificate to use a transport vehicle for the carriage of goods for or in
connection with a trade or business carried on by the applicant (in this Part
referred to as a private carrier's road certificate) shall contain the
following particulars, namely:- (a)
the type and carrying capacity of the vehicle; (b)
the nature of the goods' which the applicant expects normally to
carry in connection with his trade or business; (c)
the area for which the road certificate is required; and (d)
any other particular which may be prescribed. (1)
The registering authority shall, in deciding whether to grant or
refuse a private' carrier's road certificate, have regard to the condition or
the roads to be used by the vehicle or vehicles in respect of which the
application is made, and shall satisfy itself that the vehicle or vehicles for
which the road certificate is required will not be used except in connection
with the business of the applicant. (2)
The registering authority may in granting a private carrier's road
certificate impose conditions to be specified in the road certificate relating
to the description of goods which may be carried, or the area in which the road
certificate shall be valid, or the maximum laden weight and axle weights of any
vehicle used. (3)
If the applicant is the holder of a private carrier's road
certificate which has been suspended or has been the holder of a private
carrier's road certificate which has been revoked, the registering authority may
at its discretion notwithstanding anything contained in sub-section (1) refuse
the application. An application for a road
certificate to use a motor vehicle for the carriage of goods for hire or re
ward (in this Part referred to as a public carrier's road certificate) shall
contain the following particulars, namely:- (a)
the routes on which or the area in which it is intended to use the
vehicle; (b)
the type and carrying capacity of the vehicle; (c)
the manner in which it is claimed that a public need will be
served by the vehicle; (d)
such particulars as the registering authority may require with
respect to any business as a carrier of goods for hire or reward carried on by
the applicant at any time before the making of the application, and of the
rates charged by the applicant; (e)
particulars of any agreement or arrangement, affecting in any
material respect the provision of facility for the transport of goods for hire
or reward, entered into by the applicant with any other person by whom such
facilities are provided; and (f)
any other particulars which may be prescribed. The registering authority
shall, in deciding whether to grants or refuse a public carrier's road
certificate have regard to the following, matters, namely:- (a)
the interests of the public generally; (b)
the advantages to the public of the service to be provided and the
convenience afforded to the public by the provision of such service; (c)
the adequacy of existing road transport services for the carriage
of goods upon the routes or within the area to be served and the effect upon
those services of the service proposed; (d)
the benefit to any particular locality or localities likely to be
afforded by the service; (e)
the need for providing for occasions when vehicles are withdrawn
from service for overhaul or repair; and (f)
the condition of the roads included in the proposed routes or
area;and shall also take into consideration any representations made by persons
already providing road transport facilities along or near to the proposed route
or routes or by any local authority within whose jurisdiction any part of the
proposed route or routes lies. The registering authority,
may after consideration of the matters set forth in section 55- (a)
limit the number of transport vehicles or transport vehicles of
any specified type for which public carrier's road certificates may by granted
in the State or in any specified area or on any specified routes within the
State; or (b)
attach to a public carrier's road certificate all or any of the
following conditions, namely:- (c)
that the vehicle shall be used only on specified routes or in any
specified area, (d)
that the laden weight and the axle weights of any vehicle used
shall not exceed a specified maximum, (e)
that such records as may be prescribed relating to the plying of
the vehicle shall be maintained, and (f)
any other prescribed condition appropriate to the service to be
provided by the vehicle which the registering authority thinks proper to impose
in the public interest or with a view to prevent uneconomic competition between
road transport services. (1)
An application for a contract carriage road certificate or a
private carrier's road certificate may be made at any time. (2)
An application for a stage carriage road certificate or a public
carrier's road certificate shall be made not less than six weeks before the
date on which it is desired that the road certificate shall take effect, or, if
the registering authority appoints dates for the receipt of such applications,
on such dates. (3)
When any representation has been made by the persons or
authorities referred to in section 50 to the effect that the number of contract
carriages for which road certificates have already been granted in the State or
in any area within the State is sufficient for or in excess of the needs of the
State or of such area, whether such representation is made in connection with a
particular application for the grant of a contract carriage road certificate or
otherwise, the registering authority may take any such steps as it considers
appropriate for the hearing of the representation in the presence of any
persons likely to be affected thereby. (4)
When the registering authority refuses an application for a road certificate
of any kind, it shall give to the applicant in writing its reasons for the
refusal. (1) A road
certificate other than a temporary road certificate issued under section 62
shall be effective without renewal for such period, not less than one year and
not more than 2 years, as the registering authority may in its discretion
specify in the road certificate: Provided that in the case
of a road certificate issued or renewed within one year of the commencement of
this Act, the road certificate shall be effective without renewal for such
period of less than 2 years as the Government may prescribe. (2) A road
certificate may be renewed on an application made and disposed of as if it were
an application for a road certificate: Provided that, other
conditions being equal, an application for renewal shall be given preference
over new applications for road certificates. (1)
Save as provided in Section 61, a road certificate shall not be
transferable from one person to another except with the permission of the
registering authority which granted the road certificate and shall not without
such permission operate to confer on any person to whom a vehicle covered by
the road certificate is transferred any right to use that vehicle in the manner
authorised by the road certificate. (2)
The holder of a road certificate may, with the permission of the
registering authority, replace by another vehicle of the same nature and
capacity any vehicle covered by the road certificate. (3)
The following shall be conditions of every road certificate:- (a)
that the vehicle or vehicles to which the road certificate relates
are at all times so maintained as to comply with the requirements of Part V and
the rules made thereunder; (b)
that the vehicle or vehicles to which the road certificate relates
are not driven at a speed exceeding the speed lawful under this Act; (c)
that any prohibition or restriction imposed and any maximum or
minimum fares or freights fixed by notification made under Section 43 are
observed in connection with any vehicle or vehicles to which the road
certificate relates; (d)
that the vehicle or vehicles to which the road certificate relates
are not driven in contravention of the provisions of Section 72; (e)
that the provisions of this Act limiting the hours of work of
drivers are observed in connection with any vehicle or vehicles to which the
road certificate relates; and (f)
that the provisions of Part VIII so far as they apply to the
holder of the road certificate are observed. (1)
The registering authority may cancel the road certificate or may
suspend it for such period as it thinks fit- (a)
on the breach of any conditions specified in sub-section (3) of
Section 59, or of any condition contained in the road certificate, or (b)
if the holder of the road certificate uses or causes or allows a
vehicle to be used in any manner not authorised by the road certificate, or (c)
if the holder of the road certificate ceases to possess the
vehicle or vehicles covered by the road certificate, or (d)
if the holder of the road certificate has obtained the road
certificate by fraud or misrepresentation: Provided that no road certificate
shall be cancelled unless an opportunity has been given to the holder of a road
certificate to submit his explanation. (2) Where the
registering authority cancels or suspends a road certificate, it shall give to
the holder in writing its reasons for the revocation or suspension. (1) Where the
holder of a road certificate dies, the person succeeding to the possession of
the vehicles covered by the road certificate may, for a period of three months,
use the road certificate as if it had been granted to himself: Provided that such person
has, within thirty days of the death of the holder, informed the registering
authority which granted the road certificate of the death of the holder and of
his own intention to use the road certificate: Provided further that no
road certificate shall be so used after the date on which it would have ceased
to be effective without renewal in the hands of the deceased holder. (2) The
registering authority may, on application made to it within three months of the
death of the holder of a road certificate, transfer the road certificate to the
person succeeding to the possession of the vehicles covered by the road
certificate. The registering authority
may, at its discretion, and without following the procedure laid down in
section 57, grant road certificates to be effective for a limited period not in
any case to exceed four months, to authorise the use of a transport vehicle temporarily- (a)
for the conveyance of passengers on special occasions such as to
and from fairs and religious gatherings, or (b)
for the purposes of a seasonal business, or (c)
to meet a particular temporary need, and may attach to any such road certificate any condition it
thinks fit. The registering authority
may delegate all or any of its powers under Section 62 to any traffic officer. Any person- (a)
aggrieved by the refusal of the registering authority to grant a
road certificate, or by any condition attached to a road certificate granted to
him, or (b)
aggrieved by the revocation or suspension of the road certificate
or by any variation of the conditions thereof, or (c)
aggrieved by the refusal to transfer the road certificate to the
person succeeding on the death of the holder of a road certificate, or (d)
aggrieved by the refusal of renewal of a road certificate, or (e)
being a local authority or police authority or traffic authority
or an association which, or a person providing transport facilities who, having
opposed the grant of a road certificate, is aggrieved by the grant thereof or
by any condition attached thereto, or (f)
being the holder of a licence, who is aggrieved by the refusal of
the registering authority to grant an authorization to drive a public service
vehicle, may, within the prescribed time and in the prescribed manner, appeal
to the prescribed authority who shall give such person and the original authority
an opportunity of being heard. (1) No motor
vehicle shall travel by night, except under an authority of a night pass issued
by prescribed authority, on any motorable road on which night travelling has
been prohibited by the registering authority either by notification in the
Government Gazette to that effect or by the erection of notice-boards
containing the prohibition at either end of the road. Exceptions.- (2)
Letter mail vehicles may, however, travel by night, when the road
is in a bad state, in order to make up time, but not otherwise, and any vehicle
so running by night shall be equipped with sufficient hooded head and tail
lights. (3)
Should a motor vehicle break down on any road on which night
travelling is prohibited, and the driver is unable to accomplish his journey
before night-fall, he may proceed after executing the necessary repairs, but
shall halt at the first police post he comes to after dark and shall give there
his name and the number of his motor vehicle and a statement of the reasons why
he is travelling at that hour, and shall drive with great caution. (4)
The registering authority may, from time to time, by general or
special order, prescribe the hours or time during which it shall be permissible
for motor vehicles to travel on any road or any portion thereof. No motor
vehicle shall travel on such road at any other time than that so prescribed,
except with written permission previously obtained on each occasion from the
registering authority; provided that a motor vehicle which is delayed by
accident or other unavoidable cause and is, therefore, unable to complete its
journey within the prescribed time, may proceed on condition that the driver
exercises special caution when meeting traffic, and reports to the first police
post or police station whichever be the nearest and remains there until
day-break. Any contract for the
conveyance of a passenger in a stage carriage or contract carriage, in respect
of which a road certificate has been issued under this Part, shall, so far as
it purports to negative or restrict the liability of any person in respect of
any claim made against that person in respect of the death of, or bodily injury
to the passenger while being carried in, entering or alighting from the
vehicle, or purports to impose any conditions with respect to the enforcement
of any such liability, be void. (1)
The Government may make rules to regulate, in respect of stage
carriages and contract carriages,- (a)
the conduct of persons licensed to act as drivers of, and the
licensing of and the conduct of conductors of, such vehicles when acting as
such; and (b)
the conduct of passengers in such vehicles. (2)
Without prejudice to the generality of the foregoing provision,
such rules may- (a)
authorise the removal from such vehicles of any person infringing
the rules by the driver or conductor of the vehicle, or, on the request of the
driver or conductor, or any passenger, by any police or traffic officer; (b)
require a passenger who is reasonably suspected by the driver or
conductor of contravening the rules to give his name and address to a police or
traffic officer or to the driver or conductor on demand; (c)
require a passenger to declare, if so requested by the driver or
conductor, the journey he intends to take or has taken in the vehicle and to
pay the fare for the whole of such journey and to accept any ticket provided
therefore; (d)
require, on demand being made for the purpose by the driver or the
conductor or other person authorised by the owner of the vehicle, production
during the journey and surrender at the end of the journey by the holder
thereof of any ticket issued to him; (e)
require a passenger, if so requested by the driver or conductor,
to leave the vehicle on the completion of the journey the fare for which he has
paid; (f)
require the surrender by the holder thereof on the expiry of the
period for which it is issued of a ticket issued to him. (g)
require the maintenance of complaint books in stage carriages and
prescribe the conditions under which passengers can record any complaints in
the same. (1)
The Government may make rules for the purposes of carrying into
effect the provisions of this Part. (2)
Without prejudice to the generality of the foregoing power, rules
under this section may be made with respect to all or any of the following
matters, namely:- (a)
the conduct and hearing of appeals that may be preferred under
this Part; (b)
the forms to be used for the purposes of this Part including the
form of road certificates; (c)
the issue of copies of road certificates in place of road
certificates lost or destroyed; (d)
the documents, plates and marks to be carried by transport
vehicles, the manner in which they are to be carried and the languages in which
any such documents are to be expressed; (e)
the badges and uniform to be worn by drivers and conductors of
stage carriages and contract carriages; (f)
the fees to be paid in respect of road certificates, duplicate
road certificates, plates and badges; (g)
the custody, production and cancellation on revocation or
expiration of road certificates, and the return of road certificates which have
become void or have been revoked; (h)
the authorities to whom, the time within which and the manner in
which appeals may be made; (i)
the construction and fittings of, and the equipment to be carried
by, stage and contract carriages, whether generally or in specified areas; (j)
the determination of the number of passengers a stage or contract
carriage is adapted to carry and the number which may be carried; (k)
the conditions subject to which goods may be carried on stage and
contract carriages partly or wholly in lieu of passengers; (l)
the safe custody and disposal of property left in a stage or
contract carriage; (m)
prohibiting the painting or making of a stage or a contract
carriage in such colour or manner as to induce any person to believe that the
vehicle is used for the transport of mails; (n)
the conveyance in stage or contract carriages of corpses or
persons suffering from any infectious or contagious disease or goods likely to
cause discomfort or injury to passengers and the inspection and disinfection of
such carriages, if used for such purposes; (o)
the provision of taxi meters on motor cabs requiring approval or
standard types of taxi meters to be used and examining, testing and sealing
taxi meters; (p)
prohibiting the picking up or setting down of passengers by stage
or contract carriages at specified places or in specified areas or at places
other than duly notified stands or halting places and requiring the driver of a
stage carriage to stop and remain stationary for a reasonable time when so
required by a passenger desiring to board or alight from the vehicle at a
notified halting place; (q)
the requirements (including the provision of proper sanitary
arrangements) which shall be complied with in any duly notified stand or
halting place; (r)
requiring the owners of transport vehicles to notify any change of
address or to report the failure of or damage to any vehicle used for the
conveyance of passengers for hire or reward; (s)
requiring the person in charge of a stage carriage to carry any
person tendering the legal or customary fare; (t)
the conditions under which and the types of containers or vehicles
in which animals or birds may be carried and the seasons during which animals
or birds may or may not be carried; (u)
the licensing of and the conduct of agents for the sale of tickets
for travel by transport vehicles; (v)
the licensing of transport vehicles; (w)
the inspection of transport vehicles and their contents and of the
road certificates relating to them; (x)
the carriage of persons other than the driver in goods vehicles; (y)
the records to be maintained and the returns to be furnished by
the owners of transport vehicles or the owners of motor transport services; (z)
the appointment of prescribed authority under section 65; and (aa)
any other matter which is to be or may be prescribed. Every motor vehicle shall
be so constructed and so maintained as to be at all times under the effective
control of the person driving the vehicle. (1)
The Government may make rules regulating the construction
equipment and maintenance of motor vehicles and trailers. (2)
Without prejudice to the generality of the foregoing power, rules
may be made under this section governing any of the following matters either
generally in respect of motor vehicles or trailers or in respect of motor
vehicles or trailers of a particular class or in particular circumstances,
namely:- (a)
the width, height, length and overhang of vehicles and of the
loads carried; (b)
seating arrangements in public service vehicles and the protection
of passengers against the weather; (c)
the size, nature and condition of tyres; (d)
brakes and steering gear; (e)
the use of safety glass; (f)
signaling appliances, lamps and reflectors; (g)
speed governors; (h)
emission of smoke, visible vapour, sparks, ashes, girt or oil; (i)
the reduction of noise emitted by or caused by vehicles; (j)
prohibiting or restricting the use of audible signals at certain
times or in certain places; (k)
prohibiting the carrying of appliances likely to cause annoyance
or danger; (l)
the periodical testing and inspection of vehicles by prescribed
authorities; (m)
the particulars other than registration marks to be exhibited by
vehicles and the manner in which they shall be ex-hibited; (n)
the use of trailers with motor vehicles. (1) No person
shall drive a motor vehicle or cause or allow a motor vehicle to be driven in
any public place at a speed exceeding the maximum speed fixed for the vehicle
by or under this Act or by or under any law for the time being in force: Provided that such maximum
speed shall in no case exceed the maximum fixed for the vehicle in the Fourth
Schedule. (2) The
Government or any authority authorised in this behalf by the Government may, if
satisfied that it is necessary to restrict the speed of motor vehicles in the
interest of public safety or convenience or because of the nature of any road
or bridge, by notification in the Government Gazette, fix such maximum speed
limits as it thinks fit for motor vehicles or any specified class of motor
vehicles or for motor vehicles to which a trailer is attached, either generally
or in a particular area or on a particular road or roads. (1)
Except as may be otherwise prescribed, no person shall drive or
cause or allow to be driven in any public place any motor vehicle which is not
fitted with pneumatic tyres. (2)
No person shall drive or cause or allow to be driven in any public
place any motor vehicle or trailer- (a)
the unladen weight of which exceeds the unladen weight specified
in the certificate of registration of the vehicle, or (b)
the laden weight of which exceeds the registered laden weight
specified in the certificate of registration, or (c)
any axle weight of which exceeds the maximum axle weight specified
for that axle in certificate of registration. (3)
Where the driver or person in charge of a motor vehicle or trailer
driven in contravention of sub-section (2) or clause (a) of sub-section (3.) is
not the owner, a Court may presume that the offence was committed with the
knowledge of or under the orders of the owner of the motor vehicle or trailer. Any person authorised in
this behalf by the Government, may, if he has reason to believe that a goods
vehicle or trailer is being used in contravention of Section 72, require the
driver to convey the vehicle to a weighing device, for weighment, and if on
such weighment the vehicle is found to contravene in any respect the provisions
of Section 72 regarding weight, he may direct the driver to convey the vehicle
or trailer to the nearest police station or police post and not to remove the
vehicle or trailer from that place until the laden weight or axle weight has
been reduced or the vehicle has otherwise been treated so that it complies with
Section 72. The Government or any
authority authorised in this behalf by the Government, if satisfied that it is
necessary in the interest of public safety or convenience, or because of the
nature of any road or bridge, may by notification in the Government Gazette,
prohibit or restrict, subject to such exceptions and conditions as may be specified
in the notification, the driving of motor vehicles or of any specified class of
motor vehicles or the use of trailers either generally in a specified area or
on a specified road. (1)
The Government or any authority authorised in this behalf by the
Government may cause or permit traffic signs to be placed or erected in any
public place for the purpose of regulating motor vehicle traffic. (2)
Traffic signs erected under sub-section (1) for any purpose for
which provision is made in the Sixth Schedule shall be of size, colour and type
and shall have the meanings set forth in the Sixth Schedule, but the Government
or any authority empowered in this behalf by the Government may make or
authorise the addition to any sign set forth in the said Schedule, of
transcriptions of the words, letters or figures thereon in such script as the
Government may think fit, provided that the transcription shall be of similar
size and colour to the words, letters or figures set forth in the Sixth
Schedule. (3)
Except as provided by sub-section (1) no traffic sign shall, after
the commencement of this Act, be placed or erected on or near any road; but all
traffic signs erected prior to the commencement of this Act by any competent authority
shall for the purposes of this Act be deemed to be traffic signs erected under
the provisions of sub-section (1). (4)
The Government may, by notification in the Government Gazette,
empower any District Magistrate, or Traffic Superintendent or Superintendent of
Police to remove or cause to be removed any sign or advertisement which is so
placed in his opinion as to obscure any traffic sign from view or any sign or
advertisement which is in his opinion so similar in appearance to a traffic
sign as to be misleading. The Government or any
authority authorised in this behalf by the Government may, in consultation with
the local authority having jurisdiction in the area concerned, determine places
at which motor vehicles may stand either indefinitely or for a specified period
of time, and may determine the places at which public service vehicles may stop
for a longer time than is necessary for the taking up and setting down of
passengers. The Government or any
authority authorised in this behalf by the Government may, by notification in
the Government Gazette or by the erection at suitable places of the appropriate
traffic sign referred to in Part A of the Sixth Schedule, designate certain
roads as main roads for the purposes of the regulations contained in the Eighth
Schedule. Every driver of a motor
vehicle shall drive the vehicle in conformity with any indication given by a
traffic sign included in Part A of the Sixth Schedule and in conformity with
the driving regulations set forth in the Eighth Schedule, and shall comply with
all directions given to him by any police or traffic officer for the time being
engaged in the regulation of traffic in any public place. The driver of a motor
vehicle shall, on the occasions specified in the Ninth Schedule, make the
signals specified therein: Provided that the signals
of an intention to turn to the right or left or to stop may be given by a
mechanical or an electrical device of a prescribed nature affixed to the
vehicle. No person shall drive or
cause or allow to be driven in any public place any motor vehicle with a left
hand steering control unless it is equipped with a mechanical or electrical
signaling device of a prescribed nature and in working order. No person in charge of a
motor vehicle shall cause or in allow the vehicle or any trailer to remain at
rest on any road in such a position or in such a condition or in such
circumstances as to cause or be likely to cause danger, obstruction or undue
inconvenience to other users of the road. No person driving or in
charge of a motor vehicle shall carry any person or permit any person to be
carried on the running board or otherwise than within the body of the vehicle. No person driving a motor
vehicle shall allow any per-son to stand or sit or anything to be placed in
such a manner or position as to hamper the driver in his control of the
vehicle. Explanations.- (a)
The seating of persons on the right of the driver in case of a
vehicle having right hand steering control and on left of the driver, in the
case of a vehicle having left hand steering control, will be deemed to
contravene this section, and (b)
the seating of more than one person on the right of the driver, in
the case of motor vehicles having left hand steering control, and on the left
of the case of motor vehicles having right hand steering control, will also be
deemed to contravene this section. No person driving or in
charge of a motor vehicle shall cause or allow the vehicle to remain stationary
in any public place, unless there is in the driver's seat a person duly
licensed to drive the vehicle or unless the mechanism has been stopped and a
brake or brakes applied or such other measures taken as to ensure that the
vehicle cannot accidentally be put in motion in the absence of the driver. No driver of a two wheeled
motor cycle shall carry more than one person in addition to himself on the
cycle and no such person shall be carried otherwise than sitting on a proper
seat securely fixed to the cycle behind the driver's seat. (1)
The driver of a motor vehicle in any public place shall, on demand
by any police or traffic officer in uniform, produce his licence for
examination. (2)
The owner of a motor vehicle, or in his absence the driver or
other person in charge of the vehicle, shall, on demand by the registering
authority or any person authorised in this behalf by the Government, produce
the certificate of registration of the vehicle and, where the vehicle is a
transport vehicle, the certificate of fitness referred to in Section 38. (3)
The driver of a transport vehicle in any public place shall, on
demand by any police officer of and above the rank of a Sub-Inspector or an
traffic officer in uniform, produce the road certificate of such vehicle for
examination. (1)
The driver of a motor vehicle shall cause the vehicle to stop and
remain stationary so long as may reasonably be necessary- (a)
when required to do so by any traffic officer or a police officer
in uniform, or (b)
when required to do so by any person in charge of an animal if
such person apprehends that the animal is, or being alarmed by the vehicle will
become, unmanageable, or (c)
when the vehicle is involved in the occurrence of an accident to a
person, animal or vehicle or of damage to any property, whether the driving or
management of the vehicle was or was not the cause of the accident or
damage,and he shall; give his name and address and the name and address of the
owner of the vehicle to any person affected by any such accident or damage who
demands it provided such person also furnishes his name and address. (2)
The driver of a motor vehicle shall, on demand by a person giving
his own name and address and alleging that the driver has committed an offence
punishable under Section 116, give his name and address to that person. (3)
In this section the expression "animal" means any horse,
cattle, elephant, camel, ass, mule, sheep or goat. The owner of a motor
vehicle the driver of which is accused of any offence under this Act shall, on
the demand by any traffic officer or any police officer authorised in this
behalf by the Government, give all information regarding the name and address
of and licence held by the driver which is in his possession or could by
reasonable diligence be ascertained by him. When any person is injured
as the result of an accident in which a motor vehicle is involved, the driver
of the vehicle or other person in charge of the vehicle shall- (a)
take all reasonable steps to secure medical attention for the
injured person, and, if necessary, convey him to the nearest hospital, unless
the injured person or his guardian, in case he is a minor, desires otherwise, (b)
give on demand by a traffic or a police officer any information
required by him, or, if no traffic or police officer is present, report the
circumstances of the occurrence at the nearest police station as soon as
possible, and in any case within 24 hours of the occurrence. When any accident occurs in
which a motor vehicle is involved any traffic officer or any police officer of
and above the rank of Sub-Inspector may inspect the vehile and for that purpose
may enter at any reasonable time any premises where the vehicle may be, and may
remove the vehicle for examination: Provided that the place to
which the vehicle is so removed shall be intimated to the owner or the person
in charge of the vehicle and the vehicle shall be returned without unnecessary
delay. (1)
The Government may make rules for the purpose of carrying into
effect the provisions of this Part. (2)
Without prejudice to the generality of the foregoing power, such
rules may provide for- (a)
the nature of the mechanical or electrical signaling devices which
may be used on motor vehicles; (b)
the removal and the safe custody of vehicles including their loads
which have broken down or which have been left standing or have been abandoned
on roads; (c)
the installation and use of weighing devices; (d)
the exemption from all or any of the provisions of this Part of
Fire Brigade vehicles, ambulances and other special classes of vehicles,
subject to such conditions as may be prescribed; (e)
the maintenance and management of parking places and stands and
the fees, if any, which may be charged for their use; (f)
prohibiting the driving down hill of a motor vehicle with the gear
disengaged either generally or in a specified place; (g)
prohibiting the taking hold of or mounting of a motor vehicle in
action; (h)
prohibiting the use of foot paths or pavements by motor vehicles; (i)
generally, the prevention of danger, injury or annoyance to the
public or any person, or of danger or injury to property or of obstruction to
traffic; and (j)
any other matter which is to be or may be prescribed. (1)
The Government may, by notification in the Government Gazette,
make rules for all or any of the following purposes, namely:- (a)
the grant and authentication of travelling passes, certificates or
authorizations to persons temporarily taking motor vehicles out of the State or
to persons temporarily proceeding out of the State and desiring to drive a
motor vehicle during their absence from the State; (b)
prescribing the conditions subject to which motor vehicles brought
temporarily into the State by persons intending to make a temporary stay in the
State may be possessed and used in the State; and (c)
prescribing the conditions subject to which persons entering the
State from any place for a temporary stay in the State may drive motor vehicles
in the State. (2)
No rule made under this section shall operate to confer on any
person any immunity in the State from the payment of any tax levied in the
State on motor vehicles or their users. (3)
Nothing in this Act or in any rule thereunder by the Government
relating to- (a)
the registration and identification of motor vehicles, (b)
the requirements as to construction, maintenance and equipment of
motor vehicles, or (c)
the licensing and the qualifications of drivers of motor vehicles, shall apply to any motor
vehicle to which or to any driver of a motor vehicle to whom any rules-made
under clause (b) or clause (c) of sub-section (1) apply. In this Part- (a)
"authorised insurer" means an insurer in whose case the
requirements of an insurance policy, which is valid under any law in force in
the State territories or in British India with respect to the registration of
and deposits by insurers are complied with, and (b)
"certificate of insurance" means a certificate issued by
an authorised insurer in pursuance of sub-section (4) of section 95; and
includes where more than one certificate has been issued in connection with a
policy, or where a copy of a certificate has been issued, all those certificate
or that copy, as the case may be. (1) No person
shall use except as a passenger or cause or allow any other person to use a
motor vehicle in a public place, unless there is in force in relation to the
use of the vehicle by that person or that other person, as the case may be, a
policy of insurance complying with the requirements of this Part. Explanation.-A person
driving a motor vehicle merely as a paid employee while there is in force in
relation to the use of the vehicle no such policy as is required by this
sub-section, shall not be deemed to act in contravention of the sub-section
unless he knows or has reason to believe that there is no such policy in force. (2) This
section shall not apply to any vehicle owned by or on behalf of the, Government
or a local authority notified in this behalf by the Government, at any time
when the vehicle is driven by a servant of the owner in the course of his
employment, or is otherwise subject to the control of the owner. (1)
In order to comply with the requirements of this Part, a polity of
insurance must be a policy which- (a)
is issued by a person who is an authorised insurer, and (b)
insures the person or classes of person specified in the policy to
the extent specified in sub-section (2) against any liability which may be
incurred by him or them in respect of the death of or bodily injury to any
person caused by or arising out of the use of the vehicle in a public place: Provided that a policy
shall not, except as may be otherwise provided under sub-section (3), be
required- (c)
to cover liability in respect of the death, arising out of and in
the course of his employment, of the employee of a person insured by the policy
or in respect of bodily injury sustained by such an employee arising out of and
in the course of his employment, or (d)
except where the vehicle is a vehicle in which passengers are
carried for hire or reward or by reason of or in pursuance of a contract of
employment, to cover liability in respect of the death of or bodily injury to
persons being carried in or upon or entering or mounting or alighting from the
vehicle at the time of the occurrence of the event out of which a claim arises,
or (e)
to cover any contractual liability. (2)
Subject to the proviso to sub-section (1) a policy of insurance
shall cover any liability incurred in respect of any one accident upon the
following limits, namely:- (a)
where the vehicle is a vehicle used or adapted to be used for the
carriage of goods, a limit of twenty thousand rupees; (b)
where the vehicle is a vehicle in which passengers are carried for
hire or reward or by reason of or in pursuance of a contract of employment, in
respect of persons other than passengers carried for hire or reward, a limit of
twenty thousand rupees and in respect of passengers a limit of twenty thousand
rupees in all, and four thousand rupees in respect of an individual passenger,
if the vehicle is registered to carry not more than six passengers excluding
the driver or two thousand rupees in respect of an individual passenger, if the
vehicle is registered to carry more than six passengers excluding the driver; (c)
where the vehicle is a vehicle of any other class the amount of
the liability incurred. (3)
A policy shall be of no effect for the purposes of this part
unless and until there is issued by the insurer in favour of the person by whom
the policy is effected a certificate of insurance or a cover note in the
prescribed form and containing the prescribed particulars of any conditions
subject to which the policy is issued and of any other prescribed matters; and
different forms, particulars and matters may be prescribed in different cases. (4)
Notwithstanding anything elsewhere contained in any law, a person
issuing a policy of insurance under the section shall be liable to indemnify
the person or classes of person specified in the policy in respect of any
liability which the policy purports to cover in the case of that person or
those classes of person. (1)
If, after a certificate of insurance or a cover note has been
issued under sub-section (4) of Section 95 in favour or the person by whom a
policy has been effected, judgment in respect of any such liability as is
required to be covered by a policy under clause (b) of sub-section (1) of
Section 95 (being a liability covered by the terms of the policy is obtained
against any person insured by the policy, then notwithstanding that the insurer
may be entitled to avoid or cancel or may have avoided or cancelled the policy,
the insurer shall, subject to the provisions of this section pay to the person
entitled to the benefit of the decree any sum not exceeding the sum assured
payable thereunder, as if he were the judgment-debtor, in respect of the
liability, together with any amount payable in respect of costs and any sum
payable in respect of interest on that sum by virtue of any enactment relating
to interest on judgments. (2)
No sum shall be payable by an insurer under sub-section (1) in
respect of any judgment unless before or after the commencement of the
proceedings in which the judgment is given the insurer had notice through the
Court of the bringing of the proceedings, or in respect of any judgment so long
as execution is stayed thereon pending an appeal; and an insurer to whom notice
of the bringing of any such proceedings is so given shall be entitled to be
made a party thereto and to defend the action on any of the following grounds,
namely:- (a)
that the policy was cancelled by mutual consent or by virtue of
any provision contained therein before the accident giving rise to the
liability, and that either the certificate of insurance was surrendered to the
insurer or that the person to whom the certificate was issued has made an
affidavit stating that the certificate has been lost or destroyed, or that
either before or not latter than 14 days after the happening of the accident
the insurer has commenced proceedings for cancellation of the certificate after
compliance with the provisions of Section 105; or (b)
that there has been a breach of a specified condition of the
policy, being one of the following conditions, namely:- (c)
a condition excluding the use of the vehicle- (d)
for hire or reward, where the vehicle is on the date of the
contract of insurance a vehicle not covered by a road certificate to ply for
hire or reward, or (e)
for organized racing and speed testing, or (f)
for a purpose not allowed by the road certificate under which the
vehicle is used, where the vehicle is a public service vehicle or goods
vehicle, or (g)
without side-car being attached where the vehicle is a motor
cycle; or (h)
a condition excluding driving by a named person or persons or by
any person who is not duly licensed; or by any person who has been disqualified
for holding or obtaining a driving licence during the period of disqualification,
or (i)
a condition excluding liability for injury caused or contributed
to by conditions of war, civil war, riot or civil commotion; or (j)
that the policy is void on the ground that it was obtained by the
non-disclosure of a material fact or by a representation of fact which was
false in some material particular. (3)
Where a certificate of insurance or cover note has been issued
under sub-section (4) of Section 95 to the person by whom a policy has been
effected, so much of the policy as purports to restrict the insurance of the
persons insured thereby by reference to any conditions other than those in
clause (b) of sub-section (2) shall as respects such liabilities as are
required to be covered by a policy under clause (b) of sub-section (1) of
Section 95, be of no effect: Provided that any sum paid
by the insurer in or towards the discharge of any liability of any person which
is covered by the policy by virtue only of this sub-section shall be
recoverable by the insurer from that person. (4)
If the amount which an insurer becomes liable under this section
to pay in respect of a liability incurred by a person insured by a policy
exceeds the amount for which the insurer would apart from the provisions of
this section be liable under the policy in respect of that liability the
insurer shall be entitled to recover the excess from that person. (5)
In this section the expressions 'material fact' and 'material
particulars" mean respectively, a fact or particular of such nature as to
influence the judgment of a prudent insurer in determining whether he will take
the risk and if so at what premium and on what conditions, and the expression
"liability covered by the terms of the policy" means a liability
which is covered by the policy or which would be so covered but for the fact
that the insurer is entitled to avoid or cancel or has avoided or cancelled the
policy. (6)
No insurer to whom the notice referred to in sub-section (2) has
been given shall be entitled to avoid his liability to any person entitled to the
benefit of any such judgment as is referred to in sub-section (1) otherwise
than in the manner provided for in sub-section (2). (1)
Where under any contract of insurance effected in accordance with
the provisions of this Part a person is insured against liabilities which he
may incur to third parties then- (a)
in the event of the person becoming insolvent or making a
composition or arrangements with his creditor, or (b)
where the insured person is a company, in the event of a winding
up order being made or a resolution for a voluntary winding up being passed
with respect to the company or of a receiver or manager of the company's
business or undertaking being duly appointed, or of possession taken by or on
behalf of the holder of any debentures secured by a floating charge of any
property comprised in or subject to the charge, if, either before or after that
event, any such liability is incurred by the insured person, his rights against
the insurer under the contract in respect of the liability shall,
notwithstanding anything to the contrary in any provision of law be transferred
to and vest in the third party to whom the liability was so incurred. (2)
Where an order for the administration of the estate of a deceased
debtor is made according to the law of insolvency, then, if any debt provable
in insolvency is owing by the deceased in respect of a liability to a third
party against which he was insured under a contract of insurance in accordance
with the provisions of this' Part, the deceased debtor's rights against the
insurer in respect of that liability shall; notwithstanding anything to the
contrary in any provision of law, be transferred to and vest in the person to
whom the debt is owing. (3)
Any condition in a policy issued for the purposes of this Part
purporting either directly or indirectly to avoid the policy or to alter the
rights of the parties thereunder upon the happenings to the insured person of
any of the events specified in clause (a) or clause (b) of sub-section (1) or
upon the making of an order for the administration of the estate of a deceased
debtor-according to the law of insolvency shall be of no effect. (4)
Upon a transfer under sub-section (1) or sub-section (2) the
insurer shall be under the same liability to the third party as he would have
been to the insured person, but- (a)
if the liability of the insurer to the insured person exceeds the
liability of the insured person to the third party, nothing in this Part shall
affect the rights of the insured person against the insurer in respect of the
excess, and (b)
if the liability of the insurer to the insured person is less than
the liability of the insured person to the third party, nothing in this Part
shall affect the rights of the third party against the insured person in
respect of the balance. (1)
No person against whom a claim is made in respect of any liability
referred to in clause (b) of sub-section (1) of section 95 shall on demand by
or on behalf of the person making the claim refuse to state whether or not he
was insured in respect of that liability by any policy issued under the
provisions of this Part, or would have been so insured if the insurer had not
avoided or cancelled the policy, nor shall he refuse, if he was or would have
been so insured, to give such particulars with respect to that policy as were
specified in the certificate of insurance issued in respect thereof. (2)
In the event of any person becoming insolvent or, making a
composition or arrangement with his creditors or in the event of an order being
made for the administration of the estate of a de-ceased person according to
the law of insolvency, or in the event of a winding up order being made or a
resolution for a voluntary winding up being passed with respect to any company
or of a receiver or manager of the company's business or undertaking being duly
appointed or of possession being taken by or on behalf of the holders of any debentures
secured by a floating charge on any property comprised in or subject to the
charge, it shall be the duty of the insolvent debtor, personal representative
of the deceased debtor of company, as the case may be, or the official assignee
or receiver in insolvency, trustee, liquidator, receiver or manager, or person
in possession of the property to give at the request of any person claiming
that the insolvent debtor, deceased debtor or company is under such liability
to him as is covered by the provisions of this Part, such information as may
reasonably be required by him for the purpose of ascertaining whether any
rights have been transferred to and vested in him by section 97, and for the
purpose of enforcing such rights, if any; and any such contract of insurance as
purports whether directly or indirectly to avoid the contract or to alter the
rights of the parties thereunder upon the giving of such information in the
events aforesaid, or otherwise to prohibit or prevent the giving thereof in the
said events, shall be of no effect. (3)
If, from the information given to any person in pursuance of
sub-section (2) or otherwise, he has reasonable grounds for supposing that
there have or may have been transferred to him under this Part rights against
any particular insurer, that insurer shall be subject to the same duty as is
imposed by the said subsection on the persons therein mentioned. (4)
The duty to give the information imposed by this section shall
include a duty to allow all contracts of insurance, receipts for premiums, and
other relevant documents in the possession or power of the person on whom the
duty is so imposed to be inspected and copies thereof to be taken, (1)
No settlement made by an insurer in respect of any claim which
might be made by a third party in respect of any liability of the nature
referred to in clause (b) of sub-section (1) of section 95 shall be valid
unless such third party is a party to the settlement. (2)
Where a person who is insured under a policy issued for the
purposes of this Part has become insolvent, or where, if such insured person is
a company, a winding up order has been made or a resolution for a voluntary
winding up has been passed with respect to the company, no agreement made
between the insurer and the insured person after the liability has been
incurred to a third party and after the commencement of the insolvency or
winding up, as the case may be, nor any waiver, assignment or other disposition
made by or payment made to the insured person after the commencement aforesaid
shall be effective to defeat the rights transferred to the third party under
this Part, but those rights shall be the same as if no such agreement, waiver,
assignment or disposition or payment has been made. (1)
For the purposes of sections 97, 98 and 99, a reference to
"liabilities to third parties" in relation to a person insured under
any policy of insurance shall not include a reference to my liability of that
person in the capacity of insurer under some other policy of insurance. (2)
The provisions of sections 97, 98 and 00 shall not apply where a
company is wound up voluntarily merely for the purpose of reconstruction or of
an amalgamation with another company. Where a certificate of
insurance, has been issued to the person by whom a policy has been effected,
the happening in relation to any person insured by the policy of any such event
as is mentioned in sun-section (1) or sub-section (2) of section 97 shall,
notwithstanding anything in this Part, not affect any liability of that person
of the nature referred to in clause (b) of sub-clause (1) of section 95; but
nothing in this section shall affect any rights against the insurer conferred
under the provisions of sections 97, 98 and 99 on the person to whom the
liability was incurred. The death of a person, in
whose favour a certificate of insurance or cover note had been issued, if it
occurs after the happening of an event which has given rise to a claim under
the provisions of this Part, shall not he a bar to the survival of any cause of
action arising out of the said event against his estate or against the insurer. When an insurer has issued
a certificate of insurance in respect of a contract of insurance between the
insurer and the insured person, then- (a)
if and so long as the policy described in the certificate has not
been issued by the insurer to the insured, the insurer shall, as between
himself and any other person except the insured, be deemed to have issued to
the insured person a policy of insurance conforming in all respects with the
description and particulars stated in such certificate; and (b)
if the insurer has issued to the insured the policy described in
the certificate, but the actual terms of the policy are less favourable to
persons claiming under or by virtue of the policy against the insurer either
directly or through the insured than the particulars of the policy as stated in
the certificate, the policy shall as between the insurer and any other person
except the insured, be deemed to be in terms conforming in all respects with
the particulars stated in the said certificate. (1)
Whenever the period of cover under a policy of insurance issued
under the provisions of this part is terminated or suspended by any means
before its expiration by afflation of time, the insured person shall within
seven days after such termination or suspension, deliver to the insurer by whom
the policy was issued the latest certificate of insurance given by the insurer
in respect of the said policy, or, if the said certificate has been lost or
destroyed, make an affidavit to that effect. (2)
Whoever fails to surrender a certificate of insurance or to make
an affidavit, as the case may be, in accordance with the provisions of this
section shall be punishable with fine which may extend to fifteen rupees for
every day that the offence continues subject to a maximum of five hundred
rupees. Whenever a policy insurance
issued under the pro-visions of this Part is cancelled or suspended by the
insurer who has issued the policy, the insurer shall within seven clays notify
such cancellation or suspension to the registering authority in whose records
the registration of the vehicle covered by the policy of insurance is recorded
or to such other authority as the Government may prescribe. (1) Any person
driving a motor vehicle in any public place shall on being so required by a
police officer or a traffic officer in uniform produce the certificate of
insurance relating to the use of the vehicle: Provided that if the driver
of the motor vehicle within seven days from the date on which the production of
the certificate of insurance was so required produces the certificate at such
police station as may have been specified by him at the time its production was
required he shall not be liable to conviction under this sub-section by reason
only of failure to produce the certificate to the police officer or to the
traffic officer. (2) If, where
owing to the presence of a motor vehicle in a public place an accident occurs
involving bodily injury to another person, the driver of the vehicle does not
at the time produce the certificate of insurance to a police officer or a
traffic officer, he shall produce the certificate of insurance at the police
station at which he makes the report required by section 89: Provided that no person
shall be liable to conviction under this sub-section by reason only of failure
to produce his certificate of insurance if within seven days from the
occurrence of the accident he produce's the certificate at such police station
as may be specified by him to the police officer or the traffic officer at the
site of the accident or to the officer-in-charge of the police station at which
he reported the accident. (3) The owner
of a motor vehicle shall give such information as he may be required by or on
behalf of a police officer or a traffic officer empowered in this behalf by the
Government to give for the purpose of determining whether the vehicle was or
was not being driven in contravention of section 94 and on any occasion when
the driver was required under this section to produce his certificate of
insurance. (4)
In this section the expression "produce his certificate of
insurance" means produce for examination the relevant certificate of
insurance or such other evidence as may be prescribed that the vehicle was not
being driven in contravention of Section 94. The Government may make
rules requiring the owner of any motor vehicle when applying whether by payment
of tax or otherwise for authority to use the vehicle in a public place to
produce such evidence as may be prescribed by those rules to the effect that
either- (a)
on the date when the authority to use the vehicle comes into
operation there will be in force the necessary policy of insurance in relation
to the use of the vehicle by the applicant or by other persons on his order or
with his permission, or (b)
the vehicle is a vehicle to which section 94 does not apply. (1)
The Government may, on the application of a cooperative society of
public service vehicle owners registered or deemed to have been registered
under the Co-operative Societies Act, 1993, and subject to the control of the
Registrar of Co-operative Societies of the State, allow the society to transact
the business of an insurer for the purposes of this Part as if the society were
an authorised insurer, subject to the following conditions, namely:- (a)
the society shall establish and maintain a fund of not less than
twenty-five thousand rupees for the first fifty vehicles or fractional part
thereof and pro rata for every additional vehicle in the possession of members
of the society and the said fund shall be lodged in such custody as the Government
may prescribe and shall not be available for meeting claims or other expenses
except in the event of the winding up of the society; (b)
the liability of the society shall be limited as specified in
clause (b) of sub-section (2) of section 95; (c)
the society shall, if required by the Government reinsure against
claims above a prescribed amount; (d)
the provisions of this Part, in so far as they relate to the
protection of third parties and to the issue and production of certificates,
shall apply in respect of any insurance effected by the society; (e)
an independent authority not associated with the society shall be
appointed by the Government to facilitate and assist in the settling of claims
against the society; (f)
the society shall operate on an insurance basis, that is to say- (g)
it shall levy its premium in respect of a period not exceeding 12
months, during which period the insured shall be held covered in respect of all
accidents arising, subject to the limits of liability specified in clause (b)
of sub-section (2) of section 95; (h)
it shall charge premiums estimated to be sufficient, having regard
to the risks, to meet the capitalized value of all claims arising during the
period of cover, together with an adequate charge for expenses attaching to the
issue of policies and to the settlement of claims arising thereunder; (i)
the society shall furnish to the Superintendent of Insurance any
returns required; (j)
any provisions of law applicable to the winding up of authorised
insurers shall be equally applicable to the society. The registering authority
or the officer-in-charge of a police station or a traffic officer shall, if so
required by a person who alleges that he is entitled to claim compensation in
respect or an accident arising out of the use of a motor vehicle, or if so
required by an insurer against whom a claim has been made in respect of any
motor vehicle, furnish to that person or to that insurer, as the case may be,
on payment of the prescribed fee any information at the disposal of the said
authority or the said police or traffic officer relating to the identification
marks and other particulars of the vehicle and the name and address of the
person who was using the vehicle at the time of the accident or was injured by
it. The Government may, by
notification in the Government Gazette, appoint a person or a body of persons
to investigate and report on accidents involving the death of or bodily injury
to any person arising out the use of motor vehicles and the extent to which
their claims to compensation have been satisfied and to advise and assist such
persons or their representatives in presenting their claims for compensation: Provided that nothing in
this section shall confer on any such person or body of persons the right to
adjudicate in any way on the liability of the insurer or on the amount of
damages to be awarded except at the express desire of the insurer concerned. (1)
The Government may make rules for the purpose of carrying into
effect the provisions of this Part. (2) Without prejudice to the generality of
the foregoing power, such rules may provide for- (a)
the forms to be used for purposes of this Part; (b)
the making of applications for and the issue of certificates of
insurance; (c)
the issue of duplicates to replace certificates of insurance lost
or destroyed; (d)
the custody, production, cancellation and surrender of
certificates of insurance; (e)
the records to be maintained by insurers of policies of insurance
issued under this Part; (f)
the identification by certificates or otherwise of persons or
vehicles exempted from the provisions of this Part; (g)
the furnishing of information respecting policies of insurance by
insurers; (h)
the carrying into effect of the provisions of Section 108; (i)
adapting the provisions of this Part to vehicles brought into the
Jammu and Kashmir State by persons making only a temporary stay therein by
applying those provisions with prescribed modifications; and (j)
any other matter which is to be or may be prescribed. Whoever contravenes any
provisions of this Act or of any rule made thereunder shall, if no other
penalty is provided for the offence be punishable with fine which may extend to
twenty rupees, or, if having been previously convicted of any offence under
this Act, he is again convicted of an offence under this Act, with fine which
may extend to one hundred rupees. Whoever willfully disobeys
any direction lawfully given by any person or authority empowered under this
Act to give such direction, or obstructs any person or authority in the
discharge of any functions which such person or authority is required or
empowered under this Act to discharge, or, being required by or under this Act
to supply any information, withholds such information or gives information
which he knows to be false or which he does not believe to be true shall, if no
other penalty is provided for the offence be punishable with fine which may
extend to two hundred rupees. Whoever, being disqualified
under this Act for holding or obtaining a licence, drives a motor vehicle in a
public place or applies for or obtains a licence or, not being entitled to have
a licence issued to him free of endorsement, applies for or obtains a licence
without disclosing the endorsements made on a licence previously held by him,
or being disqualified under this Act for holding or obtaining a licence, uses
in the State a licence such as is referred to in sub-section (2) of Section 9,
shall be punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to two hundred and fifty rupees, or with
both, and any licence so obtained by him shall be of no effect. (1)
Whoever drives a motor vehicle in contravention of section 65 or
71 shall be punishable with fine which may extend to one hundred rupees. (2)
Whoever causes any person who is employed by him or is subject to
his control in driving to drive a motor vehicle in contravention of section 65
or 71 shall be punishable with fine which may extend to two hundred rupees. (3)
The publication of a time table under which, or the giving of any
direction that, any journey or part of a journey is to be completed within a
specified time shall, if in the opinion of the Court it is not practicable in
the circumstances of the case for that journey or part of a journey to be
completed in the specified time without infringing the provisions of section 65
or 71, be prima facie evidence that the person who published the time table or
gave the direction has committed an offence punishable under sub-section (2). Whoever drives a motor
vehicle at a speed or in a manner which is dangerous to the public, having
regard to all the circumstances of the case including the nature, condition and
use of the place where the vehicle is driven and the amount of traffic which
actually is at the time or which might reasonably be expected to be in the
place, shall be punishable on a first conviction for the offence with
imprisonment for a term which may extend to three months, or with fine which
may extend to five hundred rupees, and for a subsequent offence if committed
within three years of the commission of a previous similar offence with
imprisonment for a term which may extend to six months or with fine which may
extend to one thousand rupees, or with both. Whoever while driving or
attempting to drive a motor vehicle is under the influence of drink or a drug
to such an extent as to be incapable of exercising proper control over the
vehicle, shall be punishable for a first offence with imprisonment for a term
which may extend to three months, or with fine which may extend to five hundred
rupees, or with both, and for a subsequent offence if committed within three
years of the commission of a previous similar offence with imprisonment for a
term which may extend to six months or with fine which may extend to one
thousand rupees, or with both. Whoever drives a motor
vehicle in any public place when he is to his knowledge suffering from any
disease or disability calculated to cause his driving of the vehicle to be a
source of danger to the public, shall be punishable for a first offence with
fine which may extend to two hundred rupees and for a second or subsequent
offence with fine which may extend to five hundred rupees. Whoever abets the
commission of an offence under Section 116, 117 or 118 shall be punishable with
the punishment provided for the offence. Whoever without the written
consent of the Government permits or takes part in a race or trial of speed
between motor vehicles in any public place shall be punishable with
imprisonment for a term which may extend to one month, or with fine which may
extend to three hundred rupees or with both. Any person who drives or
causes or allows to be driven in any public place a motor vehicle or trailer
while the vehicle or trailer has any defect, which such person knows of or
could have discovered by the exercise of ordinary care and which is calculated
to render the driving of the vehicle a source of danger to persons, and
vehicles using such place, shall be punishable with fine which may extend to
two hundred and fifty rupees or, if as a result of such defect an accident is
caused causing bodily injury or damage to property, with fine may extend to
five hundred rupees. Whoever, being an importer
of or dealer in motor vehicles, sells or delivers or offers to sell or deliver
a motor vehicle or trailer in such a condition that the use thereof in a public
place would be in contravention or Part V or any rule made thereunder or alters
the motor vehicle or trailer so as to render its condition such that its use in
a public place would be in contravention of Part V or any rule made thereunder
shall be punishable with fine which may extend to two hundred rupees: Provided that no person
shall be convicted under this section if he proves that he had reasonable cause
to believe that the vehicle would not be used in a public place until it had
been put into a condition in which it might lawfully be so used. (1)
Whoever drives a motor vehicle or causes or allows a motor vehicle
to be used or lets out a motor vehicle for use in contravention of the
provisions of sub-section (1) of Section 42 shall be punishable for a first
offence with fine which may extend to five hundred rupees, and for a subsequent
offence if committed within three years of the commission of a previous similar
offence with a fine which shall not be less than one hundred rupees and may
extend to one thousand rupees. (2)
Nothing in this section shall apply to the use of a motor vehicle
in an 'emergency for the conveyance of persons suffering from sickness or
injury or for the transport of materials for repair or of food or materials to
relieve distress or of medical supplies for a like purpose: Provided that the person
using the vehicle reports such use to the registering authority within seven
days. Whoever drives a motor
vehicle or causes or allows a motor vehicle to be driven in contravention of
the provisions of Section 72 or of the condition of any permit issued
thereunder, or in contravention of any prohibition or restriction imposed under
Section 74 shall be punishable for a first offence with fine which may extend
to one hundred rupees, and for a second or subsequent offence with fine which
may extend to five hundred rupees. Whoever drives a motor
vehicle or causes or allows a motor vehicle to be driven in contravention of
the provisions of section 94 shall be punishable with imprisonment which may
extend to three months, or with fine which may extend to five hundred rupees,
or with both. Whoever takes and drives
away any motor vehicle without having either the consent of the owner thereof
or other lawful authority shall be punishable with imprisonment which may
extend to three months, or with fine which may extend to five hundred rupees,
or with both: Provided that no accused
person shall be convicted under this section if the Court is satisfied that the
accused acted in the reasonable belief that he had lawful authority or in the
reasonable belief that the owner would in the circumstances of the case have
given his consent if he had been asked therefore. Whoever otherwise than with
lawful authority or reasonable excuse enters or mounts any stationary motor
vehicle or tampers with the brake or any part of the mechanism of a motor
vehicle shall be punishable with fine which may extend to one hundred rupees. (1) A police
officer or a traffic officer in uniform may arrest without warrant any person
who commits in his view an offence punishable under section 116 or section 117
or section 126: Provided that any person so
arrested in connection with an offence punishable under section 117 shall be
subjected to a medical examination by a medical officer of the Government
Medical Department, not below the rank of an Assistant Surgeon within two hours
of his arrest or shall then be released from custody. (2)
A police officer or a traffic officer in uniform may arrest
without warrant- (a)
any person who being required under the provisions of this Act to
give his name or address refuses to do so or gives a name or address which the
police officer or the traffic officer has reason to believe to be false, or (b)
any person concerned in an offence under this Act or reasonably
suspected to have been to concerned, if the police officer or the traffic
officer has reason to believe that he will abscond or otherwise avoid the
service of a summons. (3)
A police officer or a traffic officer arresting without warrant
the driver of a motor vehicle shall, if the circumstances so require, take or
cause to be taken any steps he may consider proper for the temporary disposal
of the vehicle. (1)
Any police officer of and above the rank of Sub-Inspector and any
traffic officer may, if he has reason to believe that any identification mark
carried on a motor vehicle or any licence, road certificate of registration,
certificate of insurance or other document produced to him by the driver or
person in charge of a motor vehicle is a false document within the meaning of
Section 464 of the Ranbir Penal Code, seize the mark or document and call upon
the driver or owner of the vehicle to account for his possession of or the
presence in the vehicle of such mark or document. (2)
Any police officer of and above the rank of Sub-Inspector or any
traffic officer may, if he has reason to believe that the driver of a motor
vehicle who is charged with any offence under this Act may abscond or otherwise
avoid the service of summons, seize any licence held by such driver and forward
it to the Court taking cognizance of the offence. (3)
A traffic officer or a police officer seizing a licence under
sub-section (2) shall give to the person surrendering the licence a temporary
acknowledgement therefore and such acknowledgement shall authorise the holder
to drive until the licence has been returned to him or the Court has otherwise
ordered. (1)
A Court taking cognisance of an offence under this Act may, unless
the offence is an offence specified, in Part A of the Fifth Schedule, state
upon the summons to be served on the accused person that he- (a)
may appear by pleader and not in person, or (b)
may by a specified date prior to the hearing of the charge plead
guilty to the charge by registered letter and remit to the Court such sum not
exceeding twenty-five rupees as the Court may specify. (2)
Where the offence dealt with in accordance with subsection (1) is
an offence specified in Part B of the Fifth Schedule, the accused person,
shall, if he pleads guilty to the charge, forward his licence to the Court with
the letter containing his plea in order that the conviction may be endorsed on
the licence. (3)
Where an accused person pleads guilty and remits the sum specified
and has complied with the provisions of subsection (2), no further proceedings
in respect of the offence shall be taken against him, nor shall he be liable to
be disqualified for holding or obtaining a licence by reason of his having
pleaded guilty. No Court inferior to that
of a Magistrate of the second class shall try any offence punishable under this
Act or any rule made thereunder. Notwithstanding anything
contained in this Act or in the Criminal Procedure Code, all offences under
this Act or rules made thereunder shall be triable summarily. (1)
Every power to make rules given by this Act is subject to the
condition of the rules being made after previous publication. (2)
All rules made under this Act shall be published in the Government
Gazette, and shall, unless some later date is appointed come into force on the
date of such publication. (1)
The Jammu and Kashmir State Motor Vehicles Regulation of 1975 is
hereby repealed. (2)
Notwithstanding the repeal of the Jammu and Kashmir State Motor
Vehicles Regulation of 1975, rules made by the Government under Section 11 of
the Act being rules in force at the commencement of this Act shall continue to
be in force for a period of one year from the commencement of this Act unless
before the expiry of that period they are cancelled by the Government, by
notification in the Government Gazette. (3)
Nothing contained in this Act shall, until the expiry of a period
of one year from the commencement of this Act, operate to invalidate any
provisions relating to the taxation of motor vehicles contained in any State
enactment or rules made thereunder in force at the commencement of this Act. THE FIRST SCHEDULE FORMS Form A [See Section 7(2)]. Form of application for Licence to drive a Motor Vehicle. I. Application. (1)
I apply for a licence to enable me to drive as a paid employeeas
paid employee/[1]otherwise than as a paid
employee [2]
Preamble - JAMMU AND KASHMIR MOTOR VEHICLES ACT, 1998PREAMBLE
(a)
motor cycles,
(b)
motor cars,
(c)
invalid carriages,
(d)
motor cabs,.
(e)
delivery vans,
(f)
light transport vehicles [3]including/excluding
public service vehicles,
(g)
heavy transport vehicles [4]ncluding/excluding
public service vehicles,
(h)
tractors,
(i)
road-rollers,
(j)
locomotives,
(k)
a vehicle of a special type (description attached) constructed or
adapted to be driven by me.
II.
Particulars to be furnished by the applicant.
1.
Full name and name of father............................................................
2.
Permanent address
...........................................................
3.
Temporary address..............................................
4.
Age at date of application ........................................
5.
Particulars of any licence previously held by applicant
........................................
6.
Particulars and date of every conviction which has been ordered to
be endorsed on any licence held by the applicant.
7.
Have you been disqualified for obtaining a licence to drive? If
so, for what reason?
8.
Have you been subjected to a driving test as to your fitness or
ability to drive a vehicle in respect of which a licence to drive is applied
for? If so, give date, testing authority and result of test.
III.
Declaration as to physical fitness of applicant.
The applicant is required
to answer 'Yes' or 'No' in the space provided opposite each question-
(a)
Do you suffer from epilepsy, or from sudden attacks of disabling
giddiness or fainting?
(b)
Are you able to distinguish with each eye at a distance of 25
yards in good daylight (with glasses, if worn) a motor car number plate
containing seven letters and figures?
(c)
Have you lost either hand or foot or are you suffering from any
defect in movement, control, or muscular power of either arm or leg?
(d)
Do you suffer from colour blindness or night blindness?
(e)
Do you suffer from a defect of hearing?
(f)
Do you suffer from any other disease or disability likely to cause
your driving of a motor vehicle to be a source of danger to the public?
(g)
If so, give particulars.
(h)
declare that to the best of my information and belief the
particulars given in Section II and the declaration made in Section III and the
declaration made in Section III hereof are true.
Note.-An applicant who
answers 'Yes' to questions (b) and (c) in the declaration and 'No' to other
questions may claim to be subjected to a test as to his competency to drive
vehicles of a specified type or types.
|
Date-------19. |
Signature or thumb impression of
applicant. |
Certificate of test of ability to drive.
The applicant has
passed/failed in the test specified in the Third Schedule to the Motor Vehicles
Act 1997. The test was conducted on a[5]on
(date).
Signature of Testing Authority.
Duplicate signature or thumb impression of applicant.
Form B
[See Section 11(2)]
Form of application for renewal of driving licence.
I hereby apply for renewal
of the licence under the Motor Vehicles Act, 1997, which was issued to me on
the ......... by ......................(state title of licensing authority).
I hereby declare that"
I am not subject to any disease or disability likely to cause my driving of a
motor vehicle to be a source of danger to the public.
|
Date................19. |
Signature of applicant. |
Form C
[See Section 7(3) and Section 12]
Form of medical certificate in respect of an applicant for a
licence to drive any transport vehicle or drive any vehicle as a paid employee.
(To be filled up by a
medical officer of the Government Medical Department, not below the rank of an
Assistant Surgeon).
1.
What is the applicant's apparent age?
2.
Is the applicant, to the best of your judgment, subject to
epilepsy, vertigo or any mental ailment likely to affect his efficiency?
3.
Does the applicant suffer from any heart or lung disorder which
might interfere with the performance of his duties as a driver?
4.
(a) Is there any defect of vision? If so, has it been corrected by
suitable spectacles?
(b) Does the applicant
suffer from night blindness or colour blindness?
(c) Does the applicant
suffer from a degree of deafness which would prevent his hearing the ordinary
sound signals?
5.
Has the applicant any deformity or loss of members which would
interfere with the efficient performance of his duties as a driver?
6.
Does he show any evidence of being addicted to the excessive use
of alcohol, tabacoo or drugs?
7.
Is he, in your opinion, generally fit as regards (a) bodily
health, and (b) eyesight?
8.
Marks of identification.
9.
certify that to the best of my knowledge and belief the
applicant... ... ... ... .... .... ... .... ... ... ... ... ... ... is the
person hereinabove described and that the attached photograph is a reasonably
correct likeness.
Signature ... ... ... ... ... ... ... ...
Name ... ... ... ... ... ... ... ...
(Space for photograph)
Designation ... ... ... ... ... ... ... ...
Note.-Special attention
should be directed to distant vision and to the condition of the arms and hands
and the joints of both extremities.
Form D
[See Section 8(1)].
Driving Licence.
|
No............ |
19............... |
Name ... ... ... ... ...
... ... ... ... ... ... ... ... ... ... ...
son/daughter of (father's
name) ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
of (permanent address) ...
... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
(temporary address) ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... ...
|
(Photograph if
necessary). |
Signature or thumb impression. |
is licensed to drive,
throughout the State, vehicles of the following description:-
(a)
Motor cycle.
(b)
Motor car.
(c)
Motor cab.
(d)
Delivery van.
(e)
Light transport vehicle.
(f)
Heavy transport vehicle.
(g)
Locomotive.
(h)
Tractor.
(i)
Invalid carriage.
(j)
Road-roller.
(k)
A motor vehicle hereunder described:-He is also authorised to
drive as a paid employee[6].This
licence is valid from ... ... ... ... ... ... ... ... to ... ... ... ... ...
... ... ...
|
Date ... ... ... ... ... ... ...
... |
Signature and designation of
Licensing Authority. |
Authorization to drive a public service vehicle.
So long as this licence is
valid and is renewed from time to time, the holder is authorised to drive a
public service vehicle within the State.
|
Date 19. |
Signature and designation of
Licensing Authority. |
|
This licence is hereby renewed upto the... ... ... ...day of ... ... ...
... 19 |
Signature of Licensing Authority. |
|
the... ... ... ...day of ... ... ...
... 19 |
Signature of Licensing Authority. |
|
the... ... ... ...day of ... ... ...
... 19 |
Signature of Licensing Authority. |
|
the... ... ... ...day of ... ... ...
... 19 |
Signature of Licensing Authority. |
|
the... ... ... ...day of ... ... ...
... 19 |
Signature of Licensing
Authority. |
|
the... ... ... ...day of ... ... ...
... 19 |
Signature of Licensing Authority. |
Endorsements
Date
Section and Rule.
Fine or other punishment.
Signature of endorsing
authority.
Form E
[See Section 24(1)].
Form of application for the registration of a Motor Vehicle.
1.
Full name, name of father, and address of person to be registered
as a registered owner ... .................................
2.
Class of vehicle ... .................................
3.
Type of body ... .................................
4.
Maker's name ... .................................
5.
Year of manufacture ... .................................
6.
No. of cylinders ... .................................
7.
Horse power ... .................................
8.
Maker classification or, if not known, wheel base ...
.................................
9.
Chassis number ... ................................
10.
Engine number ... ...................................
11.
Seating capacity including driver ...
.................................
12.
Unladen weight ... .................................
13.
Particulars of previous registration and registered number (if
any) ... .................................
14.
Additional particulars to be completed only in the case of
transport vehicles other than motor cabs.
15.
Number, description and size of tyres
(a)
front axle ... ... ... ... ... ... ... ... ... ... ...
(b)
rear axle ... ... ... ... ... ... ... ... ... ... ...
(c)
any other axle ... ... ... ... ... ... ... ... ... ... ...
16.
Maximum laden weight ... ... ... ... ... ... ... ... ... ...
...lbs.... ... ...
17.
Maximum axle weight ... ... ... ... ... ... ... ... ... ... ...
(a)
front axle ... ... ... ... ... ... ... ... ... ... ... lbs.
(b)
rear axle ... ... ... ... ... ... ... ... ... ... ... lbs.
(c)
any other axle ... ... ... ... ... ... ... ... ... ... ... lbs.The
above particulars are to be filled in for a rigid frame motor vehicle of two or
of three axles, for an articulated vehicle of three axles, or to the extent
applicable, for a trailer (other than the trailer to be registered as part of
an articulated vehicle) as the case may be. Where a second trailer or additional
trailers are to be registered with an articulated motor vehicle, the following
particulars are to be furnished for each such trailer:-
18.
Type of body ... ... ... ... ... ... ... ... ... ... ... ...
19.
Unladen weight ... ... ... ... ... ... ... ... ... ... ...
20.
Number, description and size of tyres on the axle ... ... ...
21.
Maximum axle weight ... ... ... ... ... ... ... ... ... ... ...
|
Date.........................
19. |
Signature of applicant. |
Explanation.-An articulated
vehicle means a tractor to which a trailer is attached in such a manner that
part of the trailer is superimposed on and part of the weight of the trailer is
borne by the tractor.
Note.-The motor vehicle
above described is held by the person registered as the registered owner under
a hire purchase agreement with......................
Signature of owner.
Signature of Hire Purchase Company.
Form F
[See Section 36(1)]
Document to be furnished by the maker or authorised assembler in
the case of transport vehicles other than motor cabs.
Certified that the ... ...
... ... ... vehicle, chassis No. ... ... ... and Engine No. ... ... ... ... ...
is designed for maximum weight, as follows when fitted with the tyre-equipment
specified below:-
Maximum laden weight ...
... ... ... ... ... ... ... ... ... ... lbs.
Maximum weight front axle
... ... ... ... ... ... ... ... ... ... ... lbs.
Maximum weight rear axle
... ... ... ... ... ... ... ... ... ... ... lbs.
Maximum weight any other
axle ... ... ... ... ... ... ... ... ... ... ... lbs.
Tyres-
Front wheels ... ... ...
... ... ... ... ... ... ... ...
Rear wheels ... ... ... ...
... ... ... ... ... ... ...
Other wheels ... ... ...
... ... ... ... ... ... ... ... ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
|
Date .........19. |
Signature of maker or authorised
assembler. |
Special certificate to be furnished by an Assembler
Certified that I am
authorised by the maker of the vehicle described above to issue this
certificate.
Signature of authorised assembler.
Form G
[See Section 24(a)]
Form of Certificate of Registration
Registered number ... ...
... ... ... ... ... ...
Brief description of
vehicle, (e.g., Ford touring car, Chevrolet 16 seater Bus, Albion lorry,
trailer, etc.).
Name, name of father,
address of Registered owner ... ... ... ... ... ... ... ... ... ... ...
Signature of Registering Authority.
Transferred to
Signature of Registering Authority.
Transferred to
Signature of Registering Authority.
Detailed Description
1.
Glass of vehicle ... ... ... ... ... ... ... ... ... ... ...
2.
Maker's name ... ... ... ... ... ... ... ... ... ... ...
3.
Type of body ... ... ... ... ... ... ... ... ... ... ...
4.
Year of manufacture ... ... ... ... ... ... ... ... ... ... ...
5.
Number of cylinders ... ... ... ... ... ... ... ... ... ... ..
6.
Chassis number ... ... ... ... ... ... ... ... ... ... ...
7.
Engine number ... ... ... ... ... ... ... ... ... ... ...
8.
Horse power ... ... ... ... ... ... ... ... ... ... ...
9.
Maker's classification or, if not known, wheel base ... ...
10.
Seating capacity (including driver) ... ... ... ... ... ... ..
11.
Unladen weight ... ... ... ... ... ... ... ... ...
12.
Additional particulars in the case of all transport vehicles other
than motor cabs-
13.
Registered laden weight ... ... ... ... ... ... ... ... ... ...
...
14.
Number, description and size of tyres-
(a)
front axle ... ... ... ... ... ... ... ... ... ... ...
(b)
rear axle ... ... ... ... ... ... ... ... ... ... ...
(c)
any other axle ... ... ... ... ... ... ... ... ... ... ..
15.
Registered axle-
(a)
front axle ... ... ... ... ... ... ... ... ... ... ... lbs.
(b)
rear axle ... ... ... ... ... ... ... ... ... ... ... lbs.
(c)
any other axle ... ... ... ... ... ... ... ... ... ... ...
lbs.Additional particulars of alternative or additional trailer or trailers
registered with an articulated vehicle-
16.
Type of body ... ... ... ... ... ... ... ... ... ... ...
17.
Unladen weight ... ... ... ... ... ... ... ... ... ... ... lbs.
18.
Number, description and size of tyres on the axle ... ...
19.
?Registered axle weight ...
... ... ... ... ... ... ... ... ... ... lbs.
|
Date ... ... ... ... ...
19. |
Signature of Registering Authority. |
Note.-The motor vehicle
above described is held by the person registered as the registered owner under
a hire purchase agreement with ... ... ... ... ... ... ... ... ... ... ...
|
Date ... ... ... ...
...19. |
Signature of Registering Authority. |
Form H
[See Sections 38 and 39(2)]
Certificate of fitness (applicable in the case of transport
vehicles only).
Vehicle
No................... is certified as complying with the provisions of Chapter
V of the Motor Vehicle Act, 1997, and the rules made thereunder. This
certificate will expire on ... ... ... ... ... ... ... ... ... ... ...
|
Date ... ... ... ... ... 19. |
Signature and designation of
Inspecting Authority. |
The certificate of fitness
is hereby renewed.-
Upto ... ... ... ... ...
... ... ... ... ...19 ... ... ... ... ... ... ... ... ... ... ...
Upto ... ... ... ... ...
... ... ... ... ... ...19. ... ... ... ... ... ... ... ... ... ... ...
Upto ... ... ... ... ...
... ... ... ... ... ...19. ... ... ... ... ... ... ... ... ... ... ...
Signature of Inspecting Authority.
Schedule II - THE SECOND SCHEDULE
THE SECOND SCHEDULE
[See Section 7(5)].
(1)
Diseases and disabilities absolutely disqualifying a person for
obtaining a licence to drive a motor vehicle-
(2) Epilepsy.
(3) Lunacy.
(4) Heart
disease likely to produce sudden attacks of giddiness or fainting.
(5) Inability
to distinguish with each eye at a distance of 25 yards in good daylight (with
the aid of glasses, if worn) a series of seven letters and figures in white on
a black ground of the same size and arrangement as those of the registration
mark of a motor car.
(6) A degree
of deafness which prevents the applicant from hearing the ordinary sound
signals.
(7) Colour
blindness.
(8)
Night blindness.
(9)
Diseases and disabilities absolutely disqualifying a person for
obtaining a licence to drive a public service vehicle.
(10)
Leprosy.
Schedule III - THE THIRD SCHEDULE
THE THIRD SCHEDULE
[See Sections 7(6)(a) and 17(5)]
Test of Competence to Drive
Part I
The candidate shall satisfy
the person conducting the test that he is able to-
1.
Start the engine of the vehicle.
2.
Move away straight ahead or at an angle.
3.
Overtake, meet or cover the path of other vehicles and take an
appropriate course.
4.
Turn right and left corners correctly.
5.
Stop the vehicle in an emergency and normally, and in the latter
case bring it to rest at an appropriate part of the road.
6.
Drive the vehicle backwards and whilst so doing enter a limited
opening either to the right or left.
7.
Cause the vehicle to face in the opposite direction by means of
forward and reverse gears.
8.
Give by hand and by mechanical means (if fitted to the vehicle),
or, in the case of a disabled driver for whom it is impracticable or
undesirable to give signals by hand, by mechanical means, in a clear and
unmistakable manner, appropriate signals at appropriate times to indicate his
intended actions.
9.
Act correctly and promptly on all signals given by traffic signs
and traffic controllers, and take appropriate action on signs given by other
road users.
Note.-
10.
Requirement 6 and 7 are not applicable in the case of a motor
cycle or tricycle not equipped with means for reversing.
11.
Requirements 6, 7 and 8 are not applicable in the case of invalid
carriages.
Part II
The candidate shall satisfy
the person conducting the test that he is cognizant of the provisions of
sections 81, 82, 83, 84 and 85 and of the Eighth Schedule; that he knows the
meaning of the traffic signs specified in the Sixth Schedule; and, if he has
not been medically examined, that he is not so deaf as to be unable to hear the
ordinary sound signals, and is able to distinguish with each eye at a distance
of 25 yards in good daylight (with the aid of glasses, if worn) a registration
mark containing seven letters and figures.
Schedule IV - THE FOURTH SCHEDULE
THE FOURTH SCHEDULE
[See Section 71].
Limits of speed for Motor Vehicles
|
Class of Vehicle. |
Maximum Speed per hour. Miles |
|
1. Passenger vehicles, that is to
say, vehicles constructed solely for the carriage of passengers and their
effects:- |
|
|
(a) if all the wheels are fitted with
pneumatic tyres and the vehicle is not drawing a trailer:- |
|
|
(i) if the vehicle is a motor cycle,
motor car or motor cab ... |
30 |
|
(ii) if the vehicle is a public
service vehicle other than a motor cab ... |
25 |
|
(b) if the vehicle, being a motor car
or motor cab, is drawing two wheeled trailer of a laden weight not exceeding
1,700 pounds avoirdupois, and if all the wheels of the vehicle and trailer
are fitted with pneumatic tyres ... |
30 |
|
(c) Invalid carriage ... |
20 |
|
(d) Any other vehicle ... |
25 |
|
2. Goods vehicles, that is to say,
vehicles constructed or adapted for use or used for the conveyance of goods:- |
|
|
(a) if all the wheels are fitted with
pneumatic tyres and the vehicle is a light transport vehicle and is not
drawing a trailer ... |
25 |
|
(b) in any other case ... |
15 |
Schedule V - THE FIFTH SCHEDULE
THE FIFTH SCHEDULE
[See Sections 19(2) and (3) and 130]
Offences on conviction of which an endorsement shall be made on
the licence of the person affected.
Part A
1.
Drivings recklessly or dangerously (section 116),
2.
Driving while under the influence of drink or drugs (section,
117).
3.
Abetment of an offence under section 116 or 117 (section 119).
4.
Taking part in unauthorized race or trial of speed (section 120).
5.
Driving when disqualified (section 8).
6.
Obtaining or applying for a licence without giving particulars of
endorsement (section 114).
7.
Failing to stop on the occurrence of an accident section 87).
8.
Altering a licence, or using an altered licence.
9.
Any offence punishable with imprisonment in the commission of
which a motor vehicle was used.
Part B
1.
Driving without a licence, or without a licence which is
effective, or without a licence applicable to the vehicle driven (section 3).
2.
Allowing a licence to be used by another person [section 6(2)].
3.
Driving at excessive speed (section 115).
4.
Driving when mentally or physically unfit (to drive (section 118).
5.
Abetment of an offence punishable under section 115 or 118.
6.
Refusing or failing to produce licence (section 86).
7.
Failing to stop when required (section 87).
8.
Driving a unregistered vehicle (section 22).
9.
Driving a transport vehicle not covered by a certificate of
fitness (section 38).
10.
Driving in contravention of any rule made under section 70(2)(g)
relating to speed governors.
11.
Driving a vehicle exceeding the permissible limit of weight
(section 124).
12.
Failure to comply with a requisition made under section 73.
13.
Using a vehicle in unsafe condition (section 121).
14.
Driving a transport vehicle in contravention of section 42.
Schedule VII - THE SEVENTH SCHEDULE
THE SEVENTH SCHEDULE
[See Section 37(2)]
Maximum Axle Weights permissible for Transport Vehicles.
Table A
|
For each low pressure pneumatic tyre
fitted to a wheel on the axle, of a nominal size.- |
The permissible weight in pounds is- |
||||
|
5.00-17 |
... |
... |
... |
... |
980 |
|
5.25-17 |
... |
... |
... |
... |
1,060 |
|
5.25-18 |
... |
... |
... |
... |
1,100 |
|
5.50-17 |
... |
... |
... |
... |
1,140 |
|
5.50-18 |
... |
... |
... |
... |
1,195 |
|
5.50-20 |
... |
... |
... |
... |
1,225 |
|
6.00-16 |
... |
... |
... |
... |
1,200 |
|
6.00-17 |
... |
... |
... |
... |
1,350 |
|
6.00-18 |
... |
... |
... |
... |
1,450 |
|
6.00-20 |
... |
... |
... |
... |
1,550 |
|
6.25-16 |
... |
... |
... |
... |
1,300 |
|
6.50-16 |
... |
... |
... |
... |
1,400 |
|
6.50-17 |
... |
... |
... |
... |
1,550 |
|
6.50-18 |
... |
... |
... |
... |
1,700 |
|
6.50-20 |
... |
... |
... |
... |
1,850 |
|
7.00-15 |
... |
... |
... |
... |
1,500 |
|
7.00-16 |
... |
... |
... |
... |
1,675 |
|
7.00-17 |
... |
... |
... |
... |
1,850 |
|
7.00-18 |
... |
... |
... |
... |
2,050 |
|
7.00-20 |
... |
... |
... |
... |
2,220 |
|
7.50-15 |
... |
... |
... |
... |
1,700 |
|
7.50-16 |
... |
... |
... |
... |
2,050 |
|
7.50-17 |
... |
... |
... |
... |
2,150 |
|
7.50-18 |
... |
... |
... |
... |
2,450 |
|
7.50-20 |
... |
... |
... |
... |
2,650 |
|
7.50-24 |
... |
... |
... |
... |
2,650 |
|
8.25-18 |
... |
... |
... |
... |
2,900 |
|
8.25-20 |
... |
... |
... |
... |
3,100 |
|
8.25-22 |
... |
... |
... |
... |
3,100 |
|
8.25-24 |
... |
... |
... |
... |
3,100 |
|
9.00-15 |
... |
... |
... |
... |
2,650 |
|
9.00-18 |
... |
... |
... |
... |
3,300 |
|
9.00-20 |
... |
... |
... |
... |
3,550 |
|
9.00-22 |
... |
... |
... |
... |
3,550 |
|
9.00-24 |
... |
... |
... |
... |
3,650 |
|
9.75-15 |
... |
... |
... |
... |
3,175 |
|
9.75-18 |
... |
... |
... |
... |
3,900 |
|
9.75-20 |
... |
... |
... |
... |
4,200 |
|
9.75-22 |
... |
... |
... |
... |
4,220 |
|
9.75-24 |
... |
... |
... |
... |
4,400 |
|
10.50-20 |
... |
... |
... |
... |
4,850 |
|
10.50-22 |
... |
... |
... |
... |
5,000 |
|
10.50-24 |
... |
... |
... |
... |
5,200 |
|
11.25-20 |
... |
... |
... |
... |
5,450 |
|
11.25-22 |
... |
... |
... |
... |
5,800 |
|
11.25-24 |
... |
... |
... |
... |
6,050 |
Table B
|
For each high pressure pneumatic
tyre, fitted to wheel on the axle, of a nominal sixe- |
The permissible weight in pounds is- |
||||
|
30 X 5 |
... |
... |
... |
... |
2,000 |
|
33 X 5 |
... |
... |
... |
... |
2,000 |
|
34 X 5 |
... |
... |
... |
... |
2,000 |
|
35 X 5 |
... |
... |
... |
... |
2,000 |
|
32 X 6 |
... |
... |
... |
... |
2,650 |
|
34 X 6 |
... |
... |
... |
... |
2,650 |
|
36 X 6 |
... |
... |
... |
... |
2,650 |
|
32 X 6 1/2 |
... |
... |
... |
... |
2,950 |
|
32 X 7 |
... |
... |
... |
... |
3,000 |
|
34 X 7 |
... |
... |
... |
... |
3,300 |
|
36 X 7 |
... |
... |
... |
... |
3,300 |
|
38 X 7 |
... |
... |
... |
... |
3,300 |
|
36 X 8 |
... |
... |
... |
... |
4,000 |
|
38 X 8 |
... |
... |
... |
... |
4,200 |
|
40 X 8 |
... |
... |
... |
... |
4,400 |
|
38 X 9 |
... |
... |
... |
... |
4,850 |
|
40 X 9 |
... |
... |
... |
... |
5,100 |
|
42 X 9 |
... |
... |
... |
... |
5,300 |
|
40 X 10 |
... |
... |
... |
... |
5,700 |
|
44 X 10 |
... |
... |
... |
... |
6,150 |
Explanation.-The figures
"5.00-17" etc., in Table A re-present, respectively, the nominal
sectional diameter of the tyre and the diameter of the wheel rim; and the
figures "30 x 5", etc. in Table B represent, respectively, the over
all diameter of wheel and tyre and the nominal sectional diameter of the tyres,
all figures being in inches. The actual sectional diameter of the tyre when
mounted on its appropriate rim and inflated shall in no case be less than the
nominal sectional diameter.
Note.-Tyres may be
calibrated in so called matric sizes, for example, "170 X 20. In that case
the first number represents the sectional diameter of the tyre in millimeters
and the second number represents the diameter of the rim in inches. The
permissible weight in pounds for each such tyre shall be determined by dividing
the nominal sectional diameter of the tyre in millimeters by the figure 254,
the quotient being the nominal sectional diameter in inches. The permissible
weight given in Table A for the nearest equivalent nominal sectional diameter
in inches' and the actual rim diameter shall be the permissible weight for that
tyres.
Schedule VIII - THE EIGHTH SCHEDULE
THE EIGHTH SCHEDULE
[See Sections 77 and 78]
Driving Regulations
1.
The driver of a motor vehicle shall drive the vehicle as close to
the left hand side of the road as may be expedient, and shall allow all traffic
which is proceeding in the opposite direction to pass him on his right hand
side.
2.
Except as provided in regulation 3, the driver of a motor vehicle
shall pass to the right of all traffic proceeding in the same direction as
himself.
3.
The driver of a motor vehicle may pass to the left of a vehicle
the driver of which having indicated an intention to turn to the right has
drawn to the centre of the road and may pass a tram-car or other vehicle
running on fixed rails, whether travelling in the same direction as himself or
otherwise, on either side:
Provided that in no case
shall he pass a tram-car at a time or in a manner likely to cause danger or inconvenience
to other users of the road or pass on the left hand side a tram-car, which when
in motion would be travelling in the same direction as himself, while the
tram-car is at rest for the purpose of setting down or taking up passengers.
4.
The driver of a motor vehicle shall not pass a vehicle travelling
in the same direction as himself-
(a)
if his passing is likely to cause inconvenience or danger to other
traffic proceeding in any direction, or
(b)
where a point or corner or a hill or an obstruction of any kind
renders the road ahead not clearly visible.
5.
The driver of a motor vehicle shall not when being over taken or
being passed by another vehicle, increase speed or do anything in any way to
prevent the other vehicle from passing him.
6.
The driver of a motor vehicle shall slow down when approaching a
road intersection, a road junction or a road corner, and shall not enter any
such intersection or junction until he has become aware that he may do so
without endangering the safety of persons thereon.
7.
The driver of a motor vehicle shall, on entering a road
intersection, if the road entered is a main road designated as such, give way
to the vehicles proceeding along that road, and in any other case give way to
all traffic approaching the intersection on his right hand.
8.
The driver of a motor vehicle shall, when passing or meeting a
procession or a body of troops or police on the march or when passing workmen
engaged on road repair, drive at a speed not greater than fifteen miles an
hour.
9.
The driver of a motor vehicle shall-
(a)
when turning to the left, drive as close as may be to the left
hand side of the road from which he is making the turn and of the road which he
is entering;
(b)
when turning to the right, draw as near as may be to the centre of
the road along which he is travelling and cause the vehicle to move in such a
manner that-
(c)
as far as may be practicable it passes beyond, and so as to leave
on the driver's right hand, a point formed by the intersection of the centre
lines of the intersecting roads; and
(d)
it arrives as near as may be at the left hand side of the road
which the driver is entering.
Schedule IX - THE NINTH SCHEDULE
THE NINTH SCHEDULE
[See Section 79]
Signals
1.
When about to turn to the right or to drive to the right hand side
of the road to pass another vehicle or for any other purpose, driver shall
extend his right arm in a horizontal position outside of and to the right of
his vehicle with the palm of the hand turned to the front.
2.
When about to turn to the left or to drive to the left, hand side
of the road, a driver shall extend his right arm and rotate it in an
anti-clockwise direction.
3.
When about to show down, a driver shall extend his right arm with
the palm downward and to the right of the vehicle and shall move the arm so
extended up and down several times in such a manner that the signals can be
seen by the driver of any vehicle which may be behind him.
4.
When about to stop, a driver shall raise his right forearm
vertically outside of and to the right of the vehicle, palm to the front.
5.
When a driver wishes to indicate to the driver of a vehicle behind
him that he desires that driver to overtake him, he shall extend his right arm
and hand horizontally outside of and to the right of the vehicle and shall
swing the arm backwards and forward in a semi-circular motion.