THE BIHAR INTER-STATE TOURIST VEHICLES
RULES, 1969][1]
Rule - 1.Short title.?
These Rules may be called the Bihar Inter-State Tourist
Vehicles Rules, 1969.
Rule - 2.Definitions.?
In these Rules, unless the context otherwise requires,?
(a)
"Permit" means a permit issued
under Section 51 of the Motor Vehicles Act, 1939 (IV of 1939);
(b)
"Schedule" means a schedule annexed
to these Rules;
(c)
"State" includes Union Territory;
(d)
"Tourist motor cab" means a motor
or cab on the permit relating to which an endorsement is made by the State
Transport Authority of the State in which such permit is granted, to the effect
that it is a tourist motor cab;
(e)
"Tourist omnibus" means an omnibus
on the permit relating to which an endorsement is made, by the State Transport
Authority of the State in which such permit is granted, to the effect that it
is a tourist omnibus;
(f)
"Tourist vehicles" means a tourist
motor cab or a tourist omnibus.
Rule - 3.Endorsement of permits of vehicles.?
(1)
The State Transport Authority may, in
accordance with the provisions of this Rule, make an endorsement on any permit
in the State in relation to any motor cab or omnibus to the effect that the
vehicle to which the permit relates is an All India tourist vehicle:
Provided that at no time shall the total number of?
(i)
motor cabs in respect of which such
endorsement are in force shall exceed fifty; and
(ii)
omnibuses in respect of which such
endorsements are in force shall exceed ten.
(2)
Any person who holds a permit issued in the
State in relation to a motor cab or an omnibus may apply in the form specified
in Schedule I to the State Transport Authority for an endorsement on the permit
to the effect that the vehicles to which the permit relates is a tourist
vehicle.
(3)
An application under sub-rule (2) shall be
accompanied by a fee of Rs. 100 for endorsement on tourist omnibus permit and
Rs. 5.0 for endorsement on tourist motor cab permit and shall be made not less
than six weeks before the date on which it is desired that the endorsement
shall take effect or, if the State Transport Authority appoints a date for the
receipt of such applications on such date.
(4)
On receipt of an application under sub-rule
(2), the State Transport Authority shall make the application available for
inspection at the office of that authority and shall publish the application or
the substance thereof in the Official Gazette together with a notice of the
date before which representations in connection therewith may be submitted:
(i)
any person who holds a permit on which an
endorsement has been made under this Rule; and
(ii)
any local or police authority in the State,
and the date, not being less than thirty days from such publications, on or
after which the application and any representations received will be
considered:
Provided that, if the making of any endorsement in
accordance with the application would have the effect of increasing the number
of vehicles bearing such endorsements beyond the limits fixed in that behalf
under the proviso to sub-rule (1) or if the vehicle in respect of which the
application is made is registered more than one year before the date of the
application, the State Transport Authority shall summarily reject the
application without following the procedure laid down in this Rule.
(5)
No representation in connection with an
application referred to in sub-rule (4) shall be considered by the State
Transport Authority unless it is made in writing before the appointed date and
unless a copy thereof is furnished simultaneously to the applicant by the
person making such representation.
(6)
The State Transport Authority shall, having
regard to the provisions of sub-rule (7) and the representations, if any made
under sub-rule (4) in relation to an application, consider the application and
may either make the endorsement or refuse, for reasons to be recorded in
writing, to make the endorsement.
(7)
In making or refusing to make an endorsement,
the State Transport Authority shall have regard among other things to the
suitability of the vehicle for tourist purposes and the interests of the public
generally.
(8)
Any person aggrieved by the order of the
State Transport Authority refusing to make an endorsement under sub-rule (6)
may prefer an appeal, in the form of a memorandum signed by the appellant, to
the Appellate Authority notified under Rule 70 of the Bihar Motor Vehicle
Rules, 1940, within fourteen days of receiving of such order. The memorandum
shall be accompanied by a copy of the order appealed from and challan showing
deposit of Rs. 100 as an appeal fee.
Rule - 4.Validity of endorsement and cancellation or suspension of endorsement.?
(1)
An endorsement made on a permit under Rule 3
shall cease to be valid on the expiry of the period for which that permit has
been granted.
(2)
If the State Transport Authority has reason
to believe that a vehicle on the permit relating to which an endorsement has
been made by it under Rule 3?
(a)
has been, or is being used in contravention
of the provisions of Rules 6, 7 and 8, and
(b)
being an omnibus, fails to comply with the
requirements of sub-rules (3) and (4) of Rule 9 or has been, or is being, used
in contravention of the provisions of sub-rule (1) and (2) of that Rule;
(3)
the authority may, after giving the holder of
the permit an opportunity to be heard, either suspend the endorsement for such
period as it may think fit or cancel the endorsement.
(4)
any person aggrieved by the order of the
State Transport Authority under sub-rule (2) may prefer an appeal in the form
of a memorandum signed by the appellant, to the Appellate Authority as
specified in sub-rule (8) of Rule 3 within fourteen days of the receiving of
such order. The memorandum shall be in duplicate and accompanied by a copy of
the order appealed from and challan showing deposit of Rs. 100 as an appeal
fee.
Rule - 5.Information of endorsements to be sent to other State Transport Authorities.?
(1)
Where an endorsement is made by the State
Transport Authority under Rule 3, that authority shall forward to each of the
State Transport Authorities in the other State information relating to the
endorsement and the vehicles to which the endorsement relates in the Form
specified in Schedule II.
(2)
Where an endorsement is suspended or
cancelled by the State Transport Authority under sub-rule (2) of Rule 4, that
authority shall forward to each of the State Transport Authorities in the other
States?
(i)
information relating to the suspension or
cancellation in the Form specified in Schedule 3; and
(ii)
where an appeal has been preferred against
such suspension or cancellation, a copy of the decision in such appeal.
(3)
The State Transport Authority shall also
forward, at intervals of three months, a statement in the Form specified in
Schedule IV giving classified information in regard to the endorsements made by
that Authority under Rule 3 which are valid on the date of the statement.
Rule - 6.Fares.?
The rates of fare in respect of tourist vehicles will be?
|
(i)
Large size tourist car (22 HP....and above). |
Re. 0.80 per km. for roads in and plains Re. 0.15 per
km. extra for air-conditioned cars if the air-conditioning suit is made to
work, Re. 0.95 per km. for roads in the ghats and/or hills. |
|
(ii)
Medium size tourist car (about 14 H. P. but less than 22 H. P.) |
Re. 0.65 per km. for roads in the plains and Re. 0.80
per km. for roads in the ghats and/or hills. |
Rule - 7.Special Rules for drivers and conductors of tourist vehicles.?
(1)
The drivers of a tourist vehicle shall?
(a)
wear a khaki or a transparent uniform consisting of
long trousers and a bush shirt or coat having two pockets, with the letter T
sewn on the left-hand pockets of the bush shirt or coat;
(b)
posses at least an elementary knowledge of
the mechanism and maintenance of the vehicle he drives;
(c)
have a working knowledge of Hindi and
English:
Provided that where the driver is accompanied by a
conductor having a working knowledge of either or both the languages, it shall
not be necessary for the driver to possess a working knowledge of that language
or, as the case may be, of those languages.
(2)
The conductor, if any, of a tourist vehicle
shall wear the same uniform as a driver is required to wear under sub-rule (1).
Rule - 8.Special Rules as to painting and making of tourist vehicles.?
The tourist vehicles shall prominently display on it the
letter "T" and the serial number allotted by the authority making the
endorsement on the permit relating to the vehicle shall be painted on the front
finder of the tourist vehicle. The letter and the numerals shall be painted on
a transparent surface enclosed by a circle drawn in red and shall not be less than 5
cms. in height and 4 cms. in breadth.
Rule - 9.Special Rules as to tourist omnibus.?
(1)
Every tourist omnibus shall have a conductor.
(2)
No tourist vehicle shall carry more than
twenty-nine persons excluding the driver and conductor:
Provided that this restriction shall not apply to a
specially built tourist omnibus to carry sight-seeing groups of tourists
ranging from 40 to 50 persons.
(3)
A tourist omnibus shall be constructed so as
to provide for gangway, seating space, seats, head-room or internal height,
driver's seat, urinal, etc., in accordance with the specifications given in
Schedule V.
(4)
The following amenities shall be provided in
a tourist bus, namely:
(a)
radio;
(b)
Loudspeaker;
(c)
reading material such as newspapers,
periodicals, etc., and
(d)
arrangements for supply of drinking water.
Rule - 10.Countersignature not necessary in respect of tourist vehicles belonging to other States.?
Subject to the provisions of Rules, 6, 7, 8 and 9, a
permit granted in relation to any tourist motor cab or a tourist omnibus in any
other State shall be valid in the State without countersignature, if there are
in force in that other State Rules similar to these Rules.