MAHARASHTRA
CITY TAXI RULES, 2017
PREAMBLE
Whereas, the taxis
operating in the cities of Maharashtra operate under permits issued under
section 74 of the Motor Vehicles Act, 1988 and these Street Hail or Black and
Yellow Taxis or Cool Cabs are allowed to pick up passengers from streets and
also from designated stands and these taxis are required to be of a minimum
engine capacity of 980 CC operate on CNG, and these taxis operate on regulated
fare with meter and the number of permits of these taxis has been restricted;
And whereas, the
taxis under Fleet Taxi Scheme of 2006 are high end (more than 1400 CC engine
capacity and air conditioned) operating on existing permits issued originally
for Black and Yellow taxis. Taxis under Phone Fleet Taxi Scheme, 2010 are also
high end (more than 1400 CC engine capacity and air-conditioned) operating on
permits, a limited number of which were auctioned and sold at then discovered
price of Rs. 2.61 lakh per permit and Taxis under both schemes offer almost
exclusively pre-booked rides and the taxis are metered and use CNG as fuel;
And whereas, the
vehicles operating under All India Tourist Permits issued under section 88(9)
of the Motor Vehicle Act, 1988 can be offered only to tourists for hire on time
basis or on point to point basis within and outside the State and these taxis
are regulated by the Central Motor Vehicle Rules, which are framed by the
Central Government and have No. regulation on fare or type of fuel;
And whereas, the App
based aggregators are a recent entrant into this field. App based aggregators
mostly use smart phones to connect a taxi and a commuter. The application is so
designed that the driver of the taxi does not know the destination of the
customer nor does he determine the fare to be charged. These are determined by
the aggregator software. For all practical purposes, the commuter has hired a
taxi from such aggregator and the aggregator has offered such a service, and
is, therefore, amenable to and required to be regulated like any other taxi
service provider;
And whereas, the App
based taxis are operating in a manner which blurs the distinction between
street hail taxi and pre-booked (for hire) taxis. Presently, a predominantly
large number of taxies operating under such Apps have All India Tourist Permits,
but are essentially operating as city taxis and as there is difference in
regulation and a regulatory convergence has to be brought about while retaining
the advantages of efficient demand/supply matching, dynamic price discovery and
better commuter experience and up-gradation/modernization of taxi services;
And whereas, the
Government considers it expedient to make rules for regulating the licensing of
such taxi permits;
Now, therefore, in
exercise of the powers conferred by section 74, sub-section (1) of section 89,
section 93, sub-section (1) of section 95 and clause (xxviii) of sub-section
(2) of section 96 of the Motor Vehicles Act, 1988 (59 of 1988), in its
application to the State of Maharashtra and of all other powers enabling it in
this behalf, the Government of Maharashtra hereby makes for the following
rules, the same having been previously published as required by sub-section (1)
of section 212 of the said Act, namely:-
Rule - 1. Short Title and Application.
(1) These rules may be
called the Maharashtra City Taxi Rules, 2017.
(2) These rules shall be
applicable in the Mumbai Metropolitan Region and may be extended to such other
areas as notified by the Government, from time to time.
Rule - 2. Definitions.
(1) In these rules,
unless the context otherwise requires,
(i) "Act" means
the Motor Vehicles Act, 1988 (59 of 1988);
(ii) "Aggregator"
means a person who is an operator or an intermediary/marketplace who canvasses
or solicits or facilitates passengers for travel by a taxi or any other public
service vehicle and who connects the passenger/intending passenger to a driver
of a taxi or any other public service vehicle through phone calls, internet,
web-based services or GPS/GPRS based services whether or not any fare, fee,
commission, brokerage or other charges are collected for providing such
services;
(iii) "Licence"
means a Licence issued to an aggregator under these Rules;
(iv) "Licensee"
means an aggregator who holds licence issued under these Rules;
(v) "Licensing
Authority" means the Regional Transport Authority;
(vi) "Taxi"
means a motor cab vehicle having valid permit under section 74 of the Act.
(2) Words and expressions
used in these Rules and not defined herein shall have the same meanings
respectively assigned to them in the Act and the rules made thereunder.
Rule - 3. Licensee's Profile.
(1) No. person shall act
as an aggregator unless he holds a license issued under these Rules.
(2) The licence shall be
granted to a firm registered under the Indian Partnership Act, 1932 (9 of 1932)
or a company registered under the Companies Act, 2013 (18 of 2013).
(3) The licensee shall
abide by all relevant statutes as may be applicable including the Motor Vehicles
Act, 1988 and the Information Technology Act, 2000 and the rules made
thereunder.
Rule - 4. Operational Infrastructure.
(1) The Licensee shall
have a registered office in the area of its operation and details of its
headquarter including telephone number, e-mail ID and details of office
in-charge shall be provided at the time of application by the licensee to the
concerned licensing authority and such other authorities as may be notified.
(2) The licensee shall
either maintain a call centre or operate as an aggregator through an authorized
call centre or web portal or App, details of which shall be provided to the
concerned licensing authority and such other authorities as may be notified.
(3) The licensee shall
maintain a web portal containing all details of its ownership, registered
address, services offered, fare structure, insurance liabilities, control room
number, name and contact details of a duly appointed grievance redressal
officer.
(4) The licensee shall
ensure adequate mechanism for receiving customers feedback and grievances.
(5) The licensee shall
ensure mechanism for protecting the rights of women employees as stipulated
under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013 (14 of 2013).
(6) The licensee shall
maintain a 24x7 control room with adequate manpower.
Rule - 5. Vehicle Profile.
(1) No. Taxi shall be
offered for hire through an aggregator who is not registered under these rules.
(2) The Licensee shall
ensure that every Taxi has a valid fitness certificate issued under the Act.
The licensee shall maintain a fleet of various types of taxis either owned or
taken through an agreement with taxi permit holders. Each taxi shall have
engine capacity of not less than 980 CC with seating capacity not exceeding
seven including driver;
Provided that at
least 30 percent of the total taxis attached to any aggregator shall have
engine capacity of 1400 CC or more. Open type or non-hard top or fiber top
vehicles are not allowed.
(3) The vehicles attached
to any aggregator, shall be operated under a permit to be called the "App
Based City Taxi Permit"
Provided that, if any
existing vehicle operating under permit granted under section 74 of the Act is
attached to any aggregator, then such vehicle shall be deemed to be operating
under this permit.
(4) Any person desirous
of having City App Based Taxi Permit shall apply in the prescribed manner to
the concerned Regional Transport Authority: Provided that, it shall be open for
such person to authorize any aggregator, through whom he intends to offer the
services of the vehicle registered on such permit, to make an application on
his behalf.
(5) The licensee shall
ensure that each vehicle is equipped with temperature control device in proper
working order: Provided that, nothing in this sub-rule shall apply to Black and
Yellow Taxi whose services are offered on web application.
(6) Any vehicle operating
under these Rules should be driven on clean fuel i.e. unleaded Petrol or CNG or
LPG or Hybrid or Electrical (power rating of electric vehicle will be specified
by the State Transport Authority). Such vehicle should meet emission standards
as prescribed from time to time by the Transport Authority. If the services of
any existing working vehicle operating under some valid permit are intended to
be offered through any aggregator, then the said vehicle shall be converted to
be driven on clean fuel as mentioned above, with in a period of one year from
the date of commencement of these rules and the aggregator shall submit
certificate/Undertaking in that behalf, at the time of registration.
(7) Each vehicle
operating under this rules shall have either fitted in vehicle or separately in
mobile application of the driver of the vehicle, GPS/GPRS based tracking device
showing the path travelled and total distance covered. The device shall be in
constant communication with the control room of the licensee while the taxi is
on hire. In case of non-functioning of the said GPS/GPRS, the reason thereof
shall be recorded by the licensee alongwith the duration during which the device
was not functioning. The minimum specification of the devices shall be
prescribed by the Transport Commissioner and may be changed from time to time.
(8) Such vehicle shall be
suitably insured commercially as prescribed, from time to time under the various
laws applicable in India.
(9) The permit issued by
the licensing authority shall be displayed at a prominent place in the vehicle.
(10) All the taxis
operating under App Based City Taxi Permit of the licensees under these rules
shall be painted as specified below:
(a) Top side of Vehicle
............................................ White colour;
(b) Front and rear bumper
assembly of vehicle..........................................White colour;
(c) Lower side of
Vehicle................................... Daffodil Yellow (RAL 1007) colour;
Provided that black
and yellow taxis, cool cabs and taxis under previous schemes may continue with
their present colours.
(11) Any vehicle operating
under these Rules is allowed to carry advertisement in accordance with the
guidelines issued by the Licensing Authority, from time to time.
(12) Any vehicle operating
under these Rules may be equipped with a mobile radio, Web or application
platform based two way communication system of the licensee.
(13) Any vehicle operating
under these Rules shall be equipped with a first aid box containing the
articles specified in rule 192 of Maharashtra Motor Vehicle Rules, 1989.
(14) Any vehicle operating
under these Rules should be replaced by a new vehicle on completion of twenty
years or any period as may be specified by the State Transport Authority, from
time to time.
(15) The details
containing the photograph of the driver, license number, Public Service Vehicle
(PSV) Badge number and registration mark of the vehicle etc. shall be displayed
prominently inside the vehicle, so that the same is directly visible to the
passenger. These details shall also be made visible on the App and on the
invoices issued to the customer.
(16) Helpline numbers of
RTO, Police and women Help line shall be prominently displayed inside the
vehicle.
(17) No. tinted glass or
curtains or films shall be affixed on the vehicle.
(18) A feedback register
easily accessible to the passenger shall be kept in the vehicle.
(19) The permit of the vehicle
can be transferred in accordance with section 82 of the Act and Rules made
there under.
(20) Vehicles operating
under All India Tourist Permits issued under sub-section (9) of section 88 of
the Act shall not be allowed to operate under these rules. However, such permit
holders shall be allowed to convert the said permit to a permit under these
Rules, provided that an application as provided in sub-rule (4) is made within
three months from the date of commencement of these Rules.
(21) Operators of the
Fleet Taxi Service Scheme, 2006, Phone/Fleet Taxi Scheme, 2010 and Call Taxi
Scheme, 2010 shall be deemed to be aggregators under this scheme and also any
permit granted/used for vehicle operating under the Fleet Taxi Service Scheme,
2006, Phone/Fleet Taxi Scheme, 2010 and Call Taxi Scheme, 2010, subject to
payment of fees as prescribed, shall be deemed to be a permit granted under
these Rules.
(22) The owner shall be
free to convert, as per provisions of the Act or Rules governing the same from
time to time, any vehicle operating under a permit granted under these Rules to
a private category vehicle or a vehicle operating under section 88 (9) of the
Act.
(23) Any black and yellow
taxi shall be freely allowed to get attached to any licensee under these Rules
by informing the concerned Regional Transport Authority and by affixing such
roof light on the vehicle as may be specified by such Authority. The permit
under which such vehicle operates shall be deemed to be a permit granted under
these Rules. Such black and yellow taxi which is so deemed to be operating
under these Rules shall be allowed to revert to operate under their original
permit as regular hail taxi by intimating the concerned authority in that
behalf, provided that such an intimation may be made only after at least one
month of operation attached to any licensee.
(24) The permit and the
vehicle thereon attached to any licensee under these rules shall be freely
allowed to be transferred to any other licensee under these rules, but only
after at least one month of operation attached to the earlier licensee has
elapsed.
Rule - 6. Arrangements For Services.
(1) The licensee shall
adhere to the provisions of the Act and the Rules framed thereunder and the
terms and conditions as may be specified by the Authorities from time to time
for operations under these Rules.
(2) Working hours of
drivers are to be limited in accordance to the Motor Transport Workers Act,
1961 (27 of 1961).
(3) The licensee shall
provide 24 x 7 services.
(4) The vehicles will be
permitted to ply within the geographical limits of the licensing authority.
(5) The licensee's
internet enabled application platform or digital based application platform, to
be accessed by the passenger, shall display the following information for the
passenger:
(a) the photo of the
driver;
(b) name, badge number,
license number and mobile number of the driver;
(c) a photo of the
vehicle with registration number;
(d) the applicable fare.
(6) The licensee shall
ensure that at the end of every journey, a bill is generated and handed over to
the passenger showing the distance travelled, unit rate, along with taxes.
However, such bills may also be sent through email or any other electronic
means. Copy of the bills should also be maintained either electronically or in
physical form by the licensee for a period of three months or such longer
period as may be prescribed.
(7) The licensee shall
develop and include a feature in its mobile application that provides the
passenger a facility to share their real-time location with upto 5 people
within their safety network and to contact local Police in case of an
emergency.
(8) The passenger must
have the option to submit their grievances on difficulties faced during the
travel via the web or through the Mobile App or service telephone number. The
licensee is liable to resolve the grievance and inform the passenger within
fifteen days.
Rule - 7. Driver's Profile.
(1) The driver shall have
a valid commercial driving license to drive a Taxi and a valid Public Service
Vehicle Badge issued by the Licensing Authority.
(2) The driver shall have
adequate knowledge of the roads and routes of the area of operation so that the
passengers are not inconvenienced.
(3) The driver on duty
shall be in uniform as approved by the Licensing Authority or as per company's
design.
(4) The driver shall be
of good moral character without any criminal record. Any person who has been
convicted within the past seven years of driving under the influence of drugs
or alcohol, or has been convicted at any time for any cognizable offence under
the Code of Criminal Procedure 1973, including fraud, sexual offences, use of a
motor vehicle to commit a cognizable offence, a crime involving property
dispute and/or theft, acts of violence or acts of terror shall not be engaged
by the licensee.
(5) The Licensee shall be
responsible for quality of drivers, their Police verification, and their
conduct with passengers. The Licensee shall also ensure that the drivers are
safe, reliable and trustworthy. Police verification shall be done at the time
of induction and at the time of renewal of driving licence.
(6) Information regarding
ownership of vehicles and the profile of drivers including their verification
by the Police shall be ensured by the licensee and shall be provided to the
Licensing Authority as well as Traffic Police.
(7) lf the Licensee uses
or causes or allows a vehicle to be used in any manner not authorized by the
permit or provisions mentioned herein, the Licensee and the driver shall be
jointly and severally responsible for any injury, harm, offence or crime
committed by any person, including the driver.
(8) The driver shall
always behave in a polite and courteous manner with the passenger.
(9) The licensee shall
endeavour to hire as many women drivers as may be feasible.
(10) The licensee shall
conduct structured refresher training programmes for its drivers including but
not limited to safe driving skills, gender sensitization, passenger etiquette,
etc.
(11) The licensee shall
ensure that the driver shall undertake such refresher trainings at least once
in a calendar year. Such training programmes should be duly documented by the
licensee.
(12) The licensee shall
ensure that the driver undergoes an annual health checkup for ensuring his
fitness to drive the vehicle.
(13) The driver will not
pickup passenger by street hailing.
Rule - 8. Application for grant or renewal of licence.
(1) Any firm or companies
may make an application for grant of license accompanied by processing fee of
Rupees One lakh in the form of Demand Draft/Online payment in favour of
Regional Transport Officer/Dy. Regional Transport Officer (RTO/Dy RTO) and
payable at the head quarters of the RTO/Dy RTO.
(2) Any licence granted
under these rules shall be valid for a period of five years from the date of
grant.
(3) The licence granted
under these rules may be renewed for a period of five years subject to the
satisfactory performance of the Licensee as per terms and conditions of these
rules on an application at any time after completion of four and half years but
not less than three months before the expiry of the license.
(4) If any of the
conditions prescribed under these rules for grant or renewal of licence are not
complied with by the applicant, the licencing authority may reject such
application after giving the applicant a reasonable opportunity of being heard.
(5) On being satisfied
that the applicant had complied with all the conditions prescribed for grant or
renewal of the licence under these rules, the licencing authority shall issue a
licence to the applicant or renew the same, as the case may be.
Rule - 9. Fees.
(1) The Fee in respect of
a licence shall be as mentioned in the Table below for each permit granted
under section 74 of the Act.
|
Sr. No.
|
Type of Vehicle
|
Permit fees in rupees
|
|
1. Motor Cab having engine capacity
less than 1400 cc.
2. Motor Cab having engine capacity
1400 cc. or more
|
25,0002,61,000
|
(2) The permit fees paid
in respect of permits under the Fleet Taxi Service Scheme, 2006, Phone/Fleet
Taxi Scheme, 2010 and Call Taxi Scheme, 2010, shall be set off from the permit
fees prescribed and payable as above. Further, No. fees shall be payable in
respect of permits deemed to have been granted under sub-rule (23) of 5 for
operation of Black and Yellow taxis or cool cabs.
Rule - 10. Security Deposits.
Applicant for a licence
under these rules shall furnish security by way of a Bank Guarantee of rupees
Five thousand to be attached to the said licensee, with validity period of five
and half years, drawn in favour of the concerned Regional Transport Officer or
Deputy Regional Transport Officer.
Rule - 11. Fare.
The licensing
authority shall prescribe the minimum and maximum limit for rates of fare, with
respect to vehicles operating under permits granted under these Rules, which
will be decided as per type of vehicle; provided that No. such limits may be
prescribed for vehicles with engine capacity of 2000 cc or more.
Rule - 12. Power of licensing authority to suspend or cancel the license.
(1) The licensing
authority may, after giving an opportunity of being heard to the licensee, suspend
or cancel the licence, if,
(a) the licensee has
failed to comply with any of the terms and conditions of these rules; or,
(b) an employee of
licensee or driver of vehicle attached to the licensee is guilty of any
misbehavior or misconduct with any passenger; or,
(c) a complaint against
the licensee by any passenger has been proved beyond reasonable doubt.
(2) When the license is
suspended or cancelled, the holder of the license shall surrender the license
to the Licensing Authority.
Rule - 13. Appeal.
(1) The licensee
aggrieved by any order of the Licensing Authority may within thirty days of the
receipt of the order, make an appeal to the Maharashtra State Transport
Appellate Tribunal.
(2) An appeal shall be in
the form of a memorandum in duplicate setting forth the grounds of for the
appeal.
Rule - 14. Miscellaneous.
(1) The holder of a
license shall,
(a) Intimate any shifting
of his office to the Licensing Authority.
(b) Keep the premises and
all the records and registers maintained open for inspection at all reasonable times
by the Licensing Authority or officers authorized by them.
(c) Submit from time to
time to the department such information and return as may be called for.
(d) Display the License
at a prominent place in its office.
(e) Maintain a serially
numbered feedback register in all vehicles attached to it.
(2) The license shall not
be transferred without prior written permission of the Licensing Authority.
(3) Any further
continuation of permit/license of the existing licensees under the Fleet Taxi
Service Scheme 2006, Phone/Fleet Taxi Scheme 2010 and Call Taxi Scheme 2010
shall be governed by the terms and conditions contained herein above.
(4) The Licensee may at
any time surrender the license by prior intimation of three months and on such
surrender the Licensing Authority shall cancel the license. The holder of the
license shall clear all dues before surrendering the license, failing which the
license shall be deemed to be cancelled and the bank guarantee shall be
forfeited.
(5) On such surrendering
or cancellation of the licence, the permit holders attached to such licensee
will be permitted to operate the taxi under "App Based City Taxi
Permit" attached to another licensee or convert it to other permits as per
the relevant rules.
(6) The licensee shall
comply with all applicable insurance requirements as may be applicable under
the law.
(7) The licensee shall
undertake to indemnify and protect the Licensing Authority and the Government
from and against all actions, suites, proceedings losses, costs, damages,
charges, claims and demands of any nature and description brought against the
Licensing Authority and Government by reason of any act or omission of the
licensee, his agents or employees or, during the validity of the license or in
the guarding of the same.
(8) The jurisdiction for
settlement of any disputes between the Aggregator and the State Government
through Courts under this scheme shall be at the headquarters of the Licensing
Authority.
FORM-P.F.A.A
Application for
issue/renewal of Aggregator Licence
(Under Rule 8 of Maharashtra City Taxi Rules, 2017)
To
Secretary,
Regional Transport Authority,
.
............................................
We, the undersigned company hereby apply for
issue/duplicate Aggregator licence Under Rule 8 of Maharashtra City Taxi Rules,
2017.
1.
Full
Name of Firm/Company
.......................................................................
2.
Office
address:.........................................................................................................
3.
Registration
No. of firm/Company.
...............................................................
4.
Registration
details under I.T. Act, 2000
5.
Telephone
No. & Fax No.
6.
Email
id
7.
Name
& contact details of the office in-charge
8.
Web
portal details
9.
Control
Room No. and manpower details.
10.
Name
& contact details of grievance redressal officer.
11.
Area
for which license is required
12.
Number
of Taxis intended to be attached and parking facility details
13.
Whether
the mobile app is ready Yes/No.
14.
Whether
applicant is holding a license under Fleet Taxi Service Scheme 2006,
Phone/Fleet Taxi Scheme 2010 or Call Taxi Scheme 2010 if yes, give details.
15.
Details
of structured refresher training program for drivers
16.
Details
of payment of application processing fee of Rs. 1,00,000
17.
Details
of security deposit by way of bank guarantee.
18.
List
of Taxis attached as Annexure A
19.
List
of drivers attached as Annexure B
I hereby undertake that all the provisions
prescribed in the Maharashtra City Taxi Rules, 2017 shall be strictly followed.
I am aware that on breach of any provision made under the Motor Vehicles Act,
1988 or Rules made there under, I am liable for penal action and/or my license
may be suspended/revoked. We hereby declare that to the best of our knowledge
and belief, the particulars given above are correct and true.
Place: Date
Signature of the Applicant
ANNEXUREA
|
Sr.
No.
|
MV
No.
|
Name
Register Owner
|
Make
and Model
|
Month
and Year of Manufacture
|
Fuel
|
Engine
Capacity (CC)
|
Seating
Capacity
|
Type
of permit
|
Permit
No.
|
Permit
Validity
|
Fitness
Validity
|
Tax
Validity
|
Insurance
Validity
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
(8)
|
(9)
|
(10)
|
(11)
|
(12)
|
(13)
|
(14)
|
ANNEXURE B
|
Sr.
No.
|
Drivers
Name & Address
|
License
No.
|
Licensing
Authority
|
Validity
|
Class
of Vehicle
|
PSV
badge Yes/No
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
FORM
- P.F.A.L
Form of Aggregator
Licence
(Rule 8 of Maharashtra City Taxi Rules, 2017)
Aggregator Licence is granted/renewed to the
company containing the details listed below subject to the conditions attached.
LicenceNumber:.............
1.
Name
of the Company.........................................
2.
Place
of the Business with full postal address.................
3.
Telephone
Numbers:.................................
(1)
Office.................................
(2)
Mobile................................
(3)
Fax.................................
4.
Email
id...............................
5.
Number
of City Taxi held/attached (Details of vehicles are enclosed.)
6.
Particulars
of Parking Places........................Garage facilities (particulars
of.............Locations/areas enclosed are . .
..........................................................................
7.
Area
for which licence is granted.
8.
Validity
of the licence.
9.
Details
of payment of application processing fee of Rs. 1,00,000/-.
10.
Details
of security deposit by way of bank guarantee.
Place:
Date
Secretary,
Regional Transport Authority.