KARNATAKA MOTOR VEHICLES (2ND AMENDMENT) RULES, 1990

 

PREAMBLE

Whereas, the draft of the rules further to amend the Karnataka Motor Vehicles Rules, 1989, was published as required by sub-section (1) of Section 212 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), in Notification No. FTD 26 TMR 89, dated 14th March, 1990, in Part IV, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 20th March, 1990, inviting objections and suggestions from all persons likely to be affected thereby on or before 5th April, 1990;

And, whereas, the said Gazette was made available to the public on 20th March, 1990;

And, whereas, the objections and suggestions received in this regard have been considered by the State Government.

Now, therefore, in exercise of the powers conferred under Sections 28, 38, 65, 95, 109, 111, 138 and 178 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Government of Karnataka hereby makes the following rules, namely:

Rule - 1. Title and commencement.

(1)     These rules may be called the Karnataka Motor Vehicles (2nd Amendment) Rules, 1990.

(2)     They shall come into force at once.

Rule - 2. Amendment of Rule 2.

In rule 2 of the Karnataka Motor Vehicles Rules, 1989 (hereinafter referred to as 'the said Rules') clause (b) shall be omitted.

Rule - 3. Amendment of Rule 6.

After sub-rule.(7) of Rule 6 of the said rules, the following shall be inserted, namely,

"(8) If at any time a learner's licence is lost, mutilated or destroyed, the holder of such licence shall forthwith intimate such fact in writing in Form KMV 1-A to the licensing authority which issued such licence specifying the particulars of loss, mutilation or destruction. On receipt of such intimation the licensing authority shall after making such enquiries as it may deem fit, if satisfied that the duplicate licence has to be issued, it may issue such duplicate learner's licence. It shall be clearly stamped as DUPLICATE in red ink. The fee for issue of duplicate learner's licence shall be rupees fifteen".

Rule - 4. Amendment of Rule 9.

In sub-rule (1) of Rule 9 of the said rules at the end, the words "along with any one or more of the documents specified in Rule 4 of the Central Motor Vehicles Rules, 1989, as proof of his address" shall be added,

Rule - 5. Amendment of Rule 10.

In sub-rule (1) of Rule 10 of the said rules, the words "to drive as a paid employee or" shall be omitted.

Rule - 6. Amendment of Rule 22.

After clause (iii) of Rule 22 of the said rules, the following shall be inserted, namely:

"(iv) he has undergone training in first aid and he is in possession of a valid certificate issued by the St. John's Ambulance Association (India)."

Rule - 7. Amendment of Rule 36.

For sub-rule (1) of Rule 36 of the said rules, the following shall be substituted, namely:

"(1) An application for temporary registration shall be made in Form KMV-18 along with a fee of rupees twenty-five for each month or part thereof."

Rule - 8. Amendment of Rule 38.

In Rule 38 of the said rules,

(a)      for sub-rule (2), the following shall be substituted, namely:

"(2) An application for issue or renewal of certificate of fitness shall be made in Form KMV-20, Part I or Part II, as the case may be, along with fee prescribed under item (ii) of Rule 81 of the Central Motor Vehicles Rules, 1989, to the Officer or the authorised testing centre in whose jurisdiction the vehicle is kept:

Provided that, if the grant or renewal is rejected twice after the inspection of the vehicle or after a period of 3 months from the date of defects were notified an additional fee equal to the fee payable under Rule 81 of the Central Motor Vehicles Rules, 1989, shall be paid".

(b)      for sub-rule (6), the following shall be substituted, namely:

"(6) If no date, time and place for the next inspection is endorsed on the certificate of fitness as specified in sub-rule (3), an application for renewal of certificate of fitness shall be made in Form KMV-20, Part II, within one month before the date of expiry of such certificate and the owner of vehicle shall produce the vehicle for inspection on such date and at such time and place as the Inspector of Motor Vehicles or authorised testing centre, as the case may be, may appoint. If the owner fails to make the application on or before the date specified or makes the application after the expiry of fitness certificate for inspection of vehicle, the applicant shall pay an additional fee equivalent to twenty per cent of the fee prescribed under Rule 81 of the Central Motor Vehicles Rules, 1989, for the delay of each month or part thereof but not exceeding the amount of fee prescribed for fitness certificate".

(c)      for sub-rule (7), the following sub-rule shall be substituted, namely:

"(7) Where the application for certificate of fitness is not renewed before its expiry, the registering authority may, if, it is satisfied that the vehicle is fit for use, extend the validity of fitness certificate for such period not exceeding thirty days pending renewal of certificate of fitness."

Rule - 9. Amendment of Rule 39.

In sub-rule (1) of Rule 39 of the said rules, for the words "as prescribed under the Central Motor Vehicles Rules, 1989", the words "Fifty per cent of fee prescribed for grant of renewal of fitness certificate" shall be substituted.

Rule - 10. Insertion of new Rules 46-A, 46-B and 46-C.

After Rule 46 of the said rules, the following shall be inserted, namely:

"46-A. Reservation of registration marks.

(1)     Any person who desires to reserve any registration mark within the range of one thousand registration marks from the first registration mark or the registration mark last assigned in the serial order in respect of a motor vehicle to be registered under Rule 47 or for assignment of new registration mark under Rule 54 of the Central Motor Vehicles Rules, 1989, may apply in advance to the concerned registering authority along with a non-refundable fee of rupees one thousand."

(2)     On receipt of an application under sub-rule (1), the registering authority shall reserve registration mark applied for in favour of the applicant. The reservation made under this sub-rule shall be valid for a period of three months from the date of its reservation.

(3)     On failure of the applicant to register the vehicle within the period specified under sub-rule (2) with the registration mark reserved, the amount paid for the reservation shall stand forfeited.

(4)     Except in the case of reservation under sub-rule (2) the registering authority shall assign the registration mark to the motor vehicle in the serial order first after the registration mark last assigned.

(5)     Notwithstanding anything contained in sub-rule (2), the Commissioner may order the assigning of any registration mark which is available for assigning out of the series which are in operation on payment of the fee specified under sub-rule (1).

(6)     The registering authority shall assign the registration marks as may be specified by the Government to the vehicle owned by it or belonging to Karnataka State Road Transport Corporation. When such vehicles are sold to private persons they shall be reassigned new registration marks as specified by the Government.

(7)     The person purchasing the motor vehicles belonging to the Government or the Karnataka State Road Transport Corporation shall apply for new registration marks to the concerned registering authority within thirty days from the date of purchase.

46-B. Production of vehicle for specifying the revised gross vehicle weight.

Whenever there is a revision relating to gross vehicle weight in relation to a transport vehicle, the owner of such vehicle shall produce the certificate of registration of such vehicle before the concerned registering authority within thirty days from the date of issue of notification revising the gross vehicle weight for causing the revised gross vehicle weight entered in the certificate of registration.

46-C. Particulars to be painted on transport vehicle.

Except in the case of motor cabs and auto rickshaw cabs, the particulars specified below shall be exhibited in every transport vehicle on the left hand side of such vehicle in the manner specified hereunder and shall conform to the particulars specified in the certificate of registration.

(1)     Name of the registered owner.

(2)     Chassis number.

(3)     Engine number.

(4)     Gross vehicle weight denoted by GVW.

(5)     Number of passengers for whom accommodation is provided, denoted by PASS.

(6)     Date of expiry of fitness certificate.

(7)     Date of expiry of permit.

(8)     Date of expiry of Insurance Certificate.

(9)     Tax paid upto.

Such particulars shall be in English letters and Arabic numerals which should not be less than one inch high and one inch wide, legibly painted on a plain surface."

Rule - 11. Amendment of Rule 54.

(1)     In Rule 54 of the said rules, in sub-rule (1), for the words "The Secretary of the Regional Transport Authority", the words "The Secretary of the State Transport Authority or Regional Transport Authority" shall be substituted.

(2)     in the proviso to sub-rule (1), for the words "one of the regions", the word "region" shall be substituted.

Rule - 12. Amendment of Rule 55.

In clause (a) of sub-rule (1) of Rule 55 of the said rules.

(1)     Sub-clause (xi) shall be omitted.

(2)     in sub-clause (xii), for the figures "111", the word and figures "113 and 115" shall be substituted.

Rule - 13. Amendment of Rule 56.

In Rule 56 of the said rules,

(1)     for clause (d), the following shall be substituted, namely:

"(d) its power to grant a permit other than a stage carriage permit on an application made to the Chairman or Secretary with reference to the notification issued under sub-section (2) of Section 69."

(2)     in clause (e),

(i)       in sub-clause (viii), the words "to the Secretary" shall be omitted.

(ii)      after sub-clause (viii), the following shall be inserted, namely:

"(ix) powers under sub-section (12) of Section 88 to grant, renew or refuse the national permit for goods carriages to its Chairman or Secretary".

Rule - 14. Amendment of Rule 63.

In sub-rule (1) of Rule 63 of the said rules,

(1)     in clause (i), the words "service of" shall be omitted.

(2)     in clause (ii), the word "particular" shall be omitted.

(3)     after clause (viii), the following shall be inserted, namely:

"(ix) in respect of variation of the conditions specified in the permit in Form KMV 36-A."

Rule - 15. Amendment of Rule 64.

In sub-rule (1) of Rule 64 of the said rules,

(1)     in clause (i), the words "service of" shall be omitted.

(2)     in clause (ii), the word "particular" shall be omitted.

(3)     clauses (iii) and (iv) shall be omitted.

Rule - 16. Amendment of Rule 67.

In Rule 67 of the said rules,

(1)     in sub-rule (1), in clause (ii), for the words "and rupees five hundred in respect of goods vehicles", the words "rupees five hundred in respect of goods vehicles and rupees two hundred in respect of other vehicles" shall be substituted.

(2)     for sub-rule (2), the following shall be substituted, namely:

"(2) The fee in respect of application for grant or renewal of permit for a tourist vehicle shall be in respect of,

(3)     in sub-rule (4), after the words "application for," the words "a special permit or" shall be inserted.

(4)     for sub-rule (5), the following shall be substituted, namely:

"(5) The fee in respect of application for replacement of a vehicle covered by a stage carriage permit or a goods carriage permit or a contract carriage permit or a national permit or a temporary permit shall be rupees one hundred in case where no variation is involved and rupees three hundred where variation is sought for under sub-section (3) of Section 80."

(5)     in sub-rule (6), after the word "counter-signature" the words "or variation or replacement" shall be inserted.

(6)     after sub-rule (6), the following shall be inserted, namely:

"(7) Where an application for renewal of permit is not made fifteen days before the date of expiry specified under sub-section (2) of Section 81 of the Act, an amount equal to fifty per cent of the fee prescribed for renewal of permit shall be paid in addition to the fee for renewal."

Rule - 17. Amendment of Rule 68.

In Rule 68 of the said rules for the figures "84" the figures "67" shall be substituted.

Rule - 18. Insertion of new Rule 69-A.

After Rule 69 of the said rules, the following rule shall be inserted, namely:

"69-A. Maintenance of reserve vehicles.

The conditions regarding maintenance of reserve vehicles specified in clause (xvii) of sub-section (2) of Section 72 of the Act, shall be incorporated in every permit granted to a person and the maximum number of reserve vehicles to be maintained with valid permits for such use shall be as specified in the table below:

Rule - 19. Amendment of Rule 76.

In sub-rule (1) of Rule 76 of the said rules, for the words "made in writing" the words "made in Form KMV 36-B" shall be substituted.

Rule - 20. Amendment of Rule 79.

In sub-rule (2) of Rule 79 of the said rules, for the words, brackets and figures "sub-rule (6)", the words, brackets and figures "sub-rule (3)" shall be substituted.

Rule - 21. Insertion of new Rule 81-A.

After Rule 81 of the said rules, the following rule shall be inserted, namely:

"81-A. Recovery of money in lieu of cancellation or suspension of permit.

(1)     If the transport authority is of the opinion that it would be necessary or expedient to cancel or suspend the permit it may require the holder of such permit, if he is agreeable to pay compounding fee in lieu of cancellation or suspension of permit to execute an agreement in Form KMV 65 staring that he is agreeable to pay such amount.

(2)     The transport authority while determining the sum of money to be recovered in lieu of suspension or cancellation of permit shall have regard to the following:

(i)       nature, gravity and frequency of offences committed;

(ii)      the quantum of punishment that would have been otherwise/imposed;

(iii)     the type of vehicle:

Provided that the amount recoverable in lieu of suspension or cancellation of permit shall not be less than the minimum or more than the maximum specified in the schedule.

(3)     If the permit holder executes the agreement as per sub-rule (1), the transport authority may pass a conditional order for recovery of the sum of money agreed by the permit holder under sub-rule (1).

(4)     If the amount ordered under sub-rule (1) is not paid within seven days from the date of agreement, the order of the transport authority for cancellation or suspension of permit shall be given effect to."

Rule - 22. Amendment of Rule 82.

In Rule 82 of the said rules:

(1)     in sub-rule (1), for the words letters and figures "Form KMV-52", the words, letters and figures "Form KMV 52 with a prescribed fee of rupees five hundred" shall be substituted;

(2)     in sub-rule (5), in clause (i), for the words "rupees fifty as transfer fee", the words "rupees one hundred as endorsement fee" shall be substituted.

Rule - 23. Amendment of Rule 83.

In sub-rule (2) of Rule 83 of the said rules, for the words, letters and figures "in Form KMV 53", the words, letters and figures "Form KMV 53 with the prescribed fee of rupees one hundred" shall be substituted.

Rule - 24. Amendment of Rule 84.

In sub-rule (5) of Rule 84 of the said rules, for the words "rupees twenty-five", the words "twenty-five per cent of the fee prescribed for grant of fresh permit under Rule 87" shall be substituted.

Rule - 25. Amendment of Rule 88.

In Rule 88 of the said rules,

(1)     In sub-rule (1), for the words "a fee of rupees one hundred in cash," the words "shall be affixed with a court-fee stamp of the value of rupees one hundred" shall be substituted;

(2)     In sub-rule (2), after the words "sought to be revised", the words "and shall be affixed with a court fee of the value of rupees one hundred" shall be added;

(3)     after sub-rule (2), the following proviso shall be inserted, namely:

"Provided that no one memorandum of appeal or revision shall relate to more than one order be signed by more than one party."

Rule - 26. Amendment of Rule 106.

After sub-rule (4) of Rule 106 of the said rules, the following shall be inserted, namely:

"(5) the record specified in Form KMV 9 shall be supplied by the Secretary of the Transport Authority concerned in the form of serially numbered books each containing 99 serially numbered pages in duplicate with the seal of such transport authority on each page. The fee for each such book shall be rupees twenty-five."

Rule - 27. Amendment of Rule 113.

In sub-rule (5) of Rule 113 of the said rules, after the words "photographs of the applicant", the words "and a deposit of rupees two thousand five hundred as security in addition to the prescribed fee" shall be inserted.

Rule - 28. Amendment of Rule 117.

In sub-rule (2) of Rule 117 of the said rules, after the words "fee prescribed", the words "deposit of an amount of rupees twenty-five thousand and security in addition to the fee prescribed" shall be added at the end.

Rule - 29. Amendment of Rule 151.

After clause (b) of sub- rule (3) of Rule 151 of the said rules, the following shall be inserted, namely:

"(c) Notwithstanding anything contained in sub-rules (1) and (2), the Government may by notification in the Official Gazette exempt any public service vehicle or class of such vehicles used in any specified area from the provisions of above sub-rules either generally or for a specified period subject to such conditions as may be specified in that behalf."

Rule - 30. Amendment of Rule 152.

After clause (c) of sub- rule (2) of Rule 152 of the said rules, the following shall be inserted, namely:

"(d) the minimum standing capacity shall not be less than the number arrived by dividing 91 and not more than the number arrived by dividing 41 and length of the gangway in centimetres."

Rule - 31. Amendment of Rule 178.

After the proviso to Rule 178 of the said rules, the following shall be inserted, namely:

"Provided further that the vehicles registered in the name of the education institution shall be painted in highway yellow colour and the words "School Bus" or "College Bus", as the case may be, shall be written in a dark colour paint on all four sides of the vehicle".

Rule - 32. Amendment of Rule 219.

Sub-rule (2) of Rule 219 of the said rules shall be omitted.

Rule - 33. Insertion of new Rule 221-A.

After Rule 221, the following shall be inserted, namely:

"221-A. Power of authorities to restrict speed.

(1)     The Commissioner of Police in the City of Bangalore and elsewhere the Regional Transport Authority, may subject to the directions that may be issued from time to time by the State Transport Authority, may impose speed limits notified by the Central Government.

(2)     The District Magistrate shall be the authority competent to cause or permit traffic signs to be created on the National Highways and other roads.

(3)     The Commissioner of Police in the City of Bangalore and elsewhere the Revenue Sub-Divisional Officer shall be the authorities competent to cause traffic signs to be created in any other place.

(4)     The Chief Engineer or any other local authority empowered to specify the maximum safe load for a bridge or culvert or to close a public road or street shall for the purpose of exercising such power, erect appropriate caution arcs signs 91.44 metres in advance at the specific places.

(5)     The Commissioner of Police in the City of Bangalore and elsewhere the District Magistrate shall be competent under Section 115 of the Act or prohibit or restrict the driving of motor vehicles of any specified class of motor vehicles or the use of trailers.

(6)     The Commissioner of Police in the City of Bangalore and elsewhere the District Magistrate shall have the power in consultation with the local authorities having jurisdiction in the area concerned to determine places for parking and halting stations under Section 117 of the Act."

Rule - 34. Insertion of new Rules 231-A, 231-B, 231-C and 231- D.

After Rule 231 of the said rules, the following shall be inserted, namely:

"231-A. Police Officer to furnish documents, etc.

Every officer in-charge of the Police Station on demand by the person specified under Section 160, or by his duly authorised agent or advocate shall furnish to such person such documents and information, as may be necessary for the purpose of claiming compensation in respect of an accident arising out of the use of a motor vehicle.

231-B. Emission testing centres for issue of certificates.

(1)     No person shall engage in the business of testing a motor vehicle for emission levels of carbon monoxide, hydrocarbon, oxides of nitrogen and smoke for the purpose of issuing a certificate or shall advertise or otherwise publicly undertake to issue such certificate unless he has obtained from the licensing authority licence under sub-rule (3) of this rule.

(2)     (a) Any person desiring to seek a licence for establishing an emission testing centre referred to in sub-rule (1), shall make an application to the licensing authority, in Form KMV 66.

(b) The application for grant of renewal of licence shall be accompanied by a fee of rupees two hundred and fifty.

(c) (i) No person shall be issued with a licence to conduct emission test unless he has deposited an amount of rupees two thousand and five hundred with the authority concerned as a security deposit.

(ii) The authority concerned may at its discretion order forfeiture in whole or part of the security deposit paid for any contravention of these rules or for breach of any of the conditions specified in the licence.

(iii) Before forfeiture of whole or part of the security deposit, the licensing authority shall give to the licensee a notice in writing specifying the grounds on which it is proposed to take action and requiring him to show cause against it within such time as may be specified in the notice:

(iv) Any person aggrieved by an order may appeal to the appellate authority within thirty days from the date of receipt of such an order:

Provided that the appellate authority may admit for reason to be recorded in writing any appeal filed after the prescribed period of thirty days.

(3)     The licensing authority may on receipt of an application under sub-rule (2), grant or renew licence in Form KMV 67. Where grant or renewal of licence thereof is refused, the authority shall furnish the applicant an order in writing specifying the reasons for such refusal.

(4)     The licence issued under sub-rule (3), shall be valid for a period of three years from the date of issue and may be renewed once in three years on an application made and disposed of as if it were an application for a fresh licence:

Provided that the application for the renewal of a licence shall be made not less than forty five days before the date of its expiry.

(5)     The licensing authority while exercising the powers in granting, renewing or refusing a licence under this rule shall have regard to the following matters, namely:

(a)      that the applicant is engaged in the business of maintenance or servicing of vehicles;

(b)      that the applicant and his staff are duly qualified to test and repair vehicle with regard to the emission;

(c)      that the applicant has the infrastructure as required for carrying out of jobs connected with repairs, maintenance and servicing of vehicles;

(d)      that the applicant possesses:

(i)       a smoke meter of the type approved under sub-rule (3) of Rule 116 of the Central Motor Vehicles Rules, 1989 at the time of making an application for grant or renewal of licence.

(ii)      An instrument for the measurement of carbon monoxide and Hydrocarbons of the type approved under sub-rule (3) of Rule 116 of the Central Motor Vehicles Rules, 1989 at the time of making an application for grant or renewal of licence.

(e)      whether the premises where the testing centre is proposed to be set up is owned or hired by the applicant in his name and has got sufficient space for carrying out the operations connected with repairs or servicing of vehicles relating to emission test.

(f)       whether the applicant is financially sound to maintain the emission testing centre.

(g)      in the case of renewal of licence whether the past performance and conduct of the applicant is satisfactory regarding conduct of emission tests.

(6)     The authorised testing centre shall:

(a)      maintain the records of the vehicle tested for emission levels indicating the following:

(i)       the registration number of the vehicle;

(ii)      the make, model and year of first registration of the vehicles;

(iii)     carbon monoxide, hydrocarbons, oxides of nitrogen, emission levels (as the case may be) at the time of test before adjustment and tuning;

(iv)    whether the vehicle requires major repairs to control the emission level, if so the repairs that have been recommended to the owner of the vehicle;

(b)      submit to the Licensing Authority such other information relating to the emission standards specified under Rule 115 of Central Motor Vehicles Rules, 1989 in addition to the copy of the certificate.

(7)     The licensed testing centre shall:

(i)       not alter its place of business specified in the licence without the prior approval of the licensing authority.

(ii)      keep the premises notified by him at all times open for inspection by any officer specified by the licensing authority.

(iii)     submit the instrument used for testing pollutants like carbon monoxide, hydrocarbons and oxides of nitrogen for inspection and caliberation when called upon to do so by any officer specified by the Licensing Authority.

(8)     The Commissioner may by a notification published in the Official Gazette authorise the testing centres to issue a certificate as specified in Rule 115 of the Central Motor Vehicles Rules, 1989.

(9)     The Licensing Authority may by an order in writing suspend or cancel the licence granted under sub-rule (3), if the authorised testing centre:

(i)       fails to maintain the instruments required for emission testing in a properly caliberated and sound condition;

(ii)      does not conduct tests properly;

(iii)     does not advise the vehicle owner properly regarding the repairs that are necessary to be carried out to the vehicle; or

(iv)    omits to do any act which the Licensing Authority considers necessary for the purpose:

Provided that no such order shall be made unless:

(a)      the reasons for suspension or cancellation of licence are recorded in writing in the order and a copy of the order is furnished to the authorised testing centre; and

(b)      the testing centre has been given an opportunity to show cause as to why an order of suspension or cancellation, as the case may be, should not be passed.

(10)   The licensee of a testing centre shall not,

(i)       give certificate without testing the pollution levels; or

(ii)      keep the measuring instruments improperly caliberated; or

(iii)     misguide the owner of vehicle regarding the repairs to be carried out to meet emission standard.

(11)   Any action to be taken for commission of any act under sub-rule (10) shall be without prejudice to any action that may be taken by way of suspension or cancellation of licence.

(12)   Where a licence is cancelled or suspended the holder thereof shall surrender such licence to the Licensing Authority.

231-C. Licensing Authority.

(1)     The Licensing Authority for issue of licence to a testing centre shall be the Commissioner.

(2)     The Licensing Authority may delegate any of the powers vested in it under this rule to any officer not below the rank of an Assistant Regional Transport Officer.

231-D. Appeals.

(1)     Any person aggrieved by an order passed under Rule 231-A may prefer an appeal within thirty days from the date of receipt of such order to the appellate authority.

(2)     The appellate authority shall be the Secretary to Government Food and Transport Department, against the order of the Commissioner and Deputy Commissioner of the Division concerned in the case of others.

(3)     The appellate authority may after giving an opportunity of being heard to the parties concerned confirm, modify or set aside the order against which appeal is preferred.

(4)     The appeal memorandum shall be in triplicate and shall be affixed with a court fee stamp of the value of rupees one hundred and accompanied by a certified copy of the order against which appeal is preferred."

Rule - 35. Amendment of Rule 232.

In Rule 232 of the said rules,

(1)     In sub-rule (2), for the words "duly authorised person", the word "through an authorised agent or an advocate" shall be substituted.

(2)     Sub-rule (4) shall be omitted.

Rule - 35-A. Insertion of Schedule.

At the end of the said rules and before commencement of the forms, the following schedule shall be inserted, namely:

 

"SCHEDULE

(See Rule 18-A)

Rule - 36. Insertion of new Form KMV 1-A.

After Form KMV 1 appended to the said rules, the following shall be inserted, namely:

 

"FORM KMV 1-A

[See sub-rule (8) of Rule 6]

Form of application for the issue of a Duplicate of Learner's

Driving Licence

To

The Licensing Authority,

I hereby apply for the issue of a duplicate of my learner's Driving Licence No.......issued by the Licensing Authority.....on.....and expiring on or about..........

I have remitted Rs. . .......towards fees for the issue of the duplicate learner's driving licence.

Duplicate signature or thumb impression of applicant. Signature or thumb impression of the applicant.

Date:

Rule - 37. Insertion of new Forms KMV 36-A and KMV 36-B.

After Form KMV 36 appended to the said rules, the following shall be inserted, namely:

 

"FORM KMV 36-A

[See Rule 63(ix)]

Application in respect of variation of conditions of permit

To

The State/Regional Transport Authority.

. ..............................................................

 ..............................................................

In accordance with the provisions of Section 83 and sub-section (3) of Section 80 of the Motor Vehicles Act, 1988. I, the undersigned hereby apply to vary the conditions of the permit held by me as hereunder set out,

(1)     Full name of the permit holder

(2)     Address

(3)     Particulars and description of permit

(4)     Date of expiry of the permit

(5)     Registration Marks of vehicle(s) relating to the permit

(6)     Route(s) area for which the permit is valid

(7)     Particulars of the variation of conditions of the permit proposed and desired as specified in sub-section (3) of Section 80 or Section 83

(8)     Reasons for such variation of the conditions of the permit and the manner in which it is claimed that the public need and convenience will be served by variation of condition of permit

(9)     I further state that by such variation of condition(s) of the permit the character of any of the matters stated under Section 80(3) or 85 is not in any way prejudicial to the public need and convenience hitherto provided by the service

(10)   I enclose a Government Treasury Challan for Rs. ......being the prescribed fee.

(11)   I hereby declare that the above statements are true.

Signature or thumb impression of the applicant.

Date:

 

FORM KMV 36-B

[See Rule 76(1)]

Application in respect of renewal of a permit or counter-signature

The Secretary,

State/Regional Transport Authority,

. .......................................................

In accordance with the provisions of Section 69 and sub-section (1) of Section 81 of the Motor Vehicles Act, 1988. I, the undersigned, hereby apply for renewal of the permit/counter-signature of a permit held by me as hereunder set out,

(1)     Full name of the permit holder

(2)     Address

(3)     Particulars and description of the permit/counter-signature

(4)     Date of expiry of the permit/counter-signature

(5)     Registration Marks of vehicle(s) relating to permit/countersignature

(6)     Route(s)/area for which the permit/counter-signature is valid

(7)     Particulars of any suspensions and other punishments imposed by this or any other transport authority or court during the last one year, relating to the permit

(8)     I desire the renewal of permit valid for five years and the same conditions imposed and attached at the time of grant of the permit

(9)     I enclose a Government Treasury challan for Rs. ......being the prescribed fee

(10)   I hereby declare that the above statements are true.

Signature or thumb impression of the applicant.

Date:

(To be filled in the office of the Regional Transport Authority)

(1)     Date of receipt

(2)     Amount of Rupees..........received vide challan No. . . .. dated......Government Treasury.......

(3)     Date of application

(4)     Granted/Granted in modified form/rejected on the date of. . . . . . 19.....

Secretary, Transport Authority."

Date:

Rule - 38. Amendment of Form KMV 40.

In Form KMV 40 appended to the said rules, the words "in respect of contract carriage" shall be omitted.

Rule - 39. Amendment of Form KMV 41.

In Form KMV 41 appended to the said rules, the words "service of" shall be omitted.

Rule - 40. Amendment of Form KMV 42.

In Form KMV 42 appended to said rules, the word "particular" shall be omitted.

Rule - 41. Omission of Forms KMV 43 and KMV 44.

Forms KMV 43 and KMV 44 appended to the said rules shall be omitted.

Rule - 42. Amendment of Form KMV 48.

In Form 48 appended to the said rules, in column (5) for second para, the following shall be substituted, namely:

"The permit holder shall pay the tax due to other States, if any, as per the rates specified by each State to the nearest taxation authority of that State, if the tax of other State is not already paid. The permit shall be produced on demand by the Police Officer or an Officer of the Motor Vehicles Department in uniform".

Rule - 43. Amendment of Form KMV 57.

In Form KMV 57 appended to the said rules, for column (5), the following shall be substituted:

"(5) (a) Educational qualification........

(b) I have not previously held an agents licence".

Rule - 44. Insertion of new Forms KMV 65 and KMV 66.

After Form KMV 64, the following shall be inserted, namely:

 

"FORM KMV 65

[See sub-rule (6) of Rule 81]

Application agreeing to pay a sum in composition of suspension or cancellation of a permit

In accordance with the provisions of Section 86(1) of the Motor Vehicles Act, 1988, read with Section 86(5) thereof, I, the undersigned permit holder, hereby apply to compound the suspension or cancellation of permit held by me by payment of a sum of money agreed upon and as hereunder set out:

(1)     Full name

(2)     Name of father or husband (in the case of individual)

(3)     Address

(4)     Permit number and its validity relating to the offence

(5)     The nature of offence under Section 86(1)

(6)     Particulars of any similar offences committed in the past and the punishment imposed by the State/Regional Transport Authority, any Court or any other Regional Transport Authority

(7)     Special circumstances of the case to compound the offence.

(8)     I agree to pay a sum of Rs. ......or any such, sum of money to the State/Regional Transport Authority or its Secretary under delegated powers deem fit to levy in lieu of composition of offence

(9)     I hereby declare that the above statements are true and agree that failure to pay the sum of money specified in the order as agreed upon the permit shall stand cancelled or suspended as specified in the order of the Regional Transport Authority or its Section.

Date:

...................

Signature or thumb impression of the applicant

(To be filled in the office of the Transport Authority)

(1)     Date of receipt of the applicant

(2)     Amount or sum of money agreed to pay by the applicant. . . .

(3)     Date or order of the STA/RTA/or its Secretary

(4)     Sum of money finally agreed for payment in composition of the offence......

(5)     The last date fixed to pay the sum of money:

(6)     Whether paid so or not

(7)     Particulars of suspension or cancellation for failure to pay so as specified in the order.

Date:

Secretary

Transport Authority.

 

KMV FORM 66

[See Rule 231-A]

Application for the grant/renewal of licences to conductor emission tests of motor vehicles

(1)     Full Name (In capital letters) and address

(2)     Father's name in case of an individual

(3)     Experience in the field of Automobile maintenance

(4)     The facilities available with the garage/petrol pump/premises (enclose sketch map of the premises)

(5)     Whether sufficient parking facilities are available for parking (enclose sketch map)

(6)     Whether trained mechanics are available? If so how many with name and addresses and certificate showing their experience in the field.

(7)     Full details of instruments and equipments maintained.

(8)     Whether the instrument can measure the level of carbon monoxide and hydrocarbons if it is an exhaust gas analyser

(9)     Proof for having purchased the instrument and the actual place of their installation

(10)   Whether the mechanics have been trained by the dealer/supplier/manufacturer (enclose the certificate to this effect)

(11)   Whether the applicant mechanics working under him know caliberation of the applicant?

(12)   How many cannisters of standard gas in stock for the caliberation of the instrument/equipment?

(13)   Names of persons who are authorised to sign the test report along with the specimen signature

(14)   Any other additional information relevant to the applicant to show the Department his expertise knowledge in the vehicle maintenance.

I hereby declare that the information given above is true to the best of my knowledge. I understand that if any of the information given above is found to be incorrect, at any point of time the licence granted to me for the emission Testing Centre is liable to be cancelled. I have gone through all the relevant rules of the Karnataka Motor Vehicles Rules, 1989, and I have understood the same.

Place:

Dated:

Signature of the applicant