THE CENTRAL MOTOR VEHICLES RULES, 1989

THE CENTRAL MOTOR VEHICLES RULES, 1989[1]

CHAPTER I

PRELIMINARY

Rule 1. Short title and commencement.?

(1)     These rules may be called the Central Motor Vehicle Rules, 1989.

(2)     Save as otherwise provided in sub-rule (3) [2][and sub-rule (2) of rule 103,] these rules shall come into force on the 1st day of July, 1989.

(3)     The provisions of [3]9,] sub-rule (3) of rule 16, sub-rule (4) of rule 96, [4]* * *] sub-rule (3) of rule 105, rule 113, sub-rules (2), (3), (4) or (5) of rule 115, rules 118,122,124,125,126 and 127 shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Rule 2. Definitions.?

In these rules, unless the context otherwise requires?

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

[5][(b) "agricultural tractor" means any mechanically propelled 4-wheel vehicle designed to work with suitable implements for various field operations and/or trailers to transport agricultural materials. Agricultural tractor is a non-transport vehicle;

(c) ??"agricultural trailer" means a trailer generally left uncovered with single/double axle construction which is coupled to an agricultural tractor by means of two hooks and predominantly used for transporting agricultural materiaIs;]

[6](ca) "construction equipment vehicle" means rubber tyred (including pneumatic tyred), rubber padded or steel drum wheel mounted, self-propelled, excavator, loader, backhoe, compactor roller, dumper, motor grader, mobile crane, dozer, fork lift truck, self-loading concrete mixer or any other construction equipment vehicle or combination thereof designed for off-highway operations in mining, industrial undertaking, irrigation and general construction but modified and manufactured with "on or off" or "on and off" highway capabilities.

Explanation.?A construction equipment vehicle shall be a non-transport vehicle the driving on the road of which is incidental to the main off-highway function and for a short duration at a speed not exceeding 50 kms per hour, but such vehicle does not include other purely off-highway construction equipment vehicle designed and adopted for use in any enclosed premises, factory or mine other than road network, not equipped to travel on public roads on their own power;]

[7](d)[8]] "financier" means a person or a title holder-cum-dealer who lets a motor vehicle on hire under an agreement of hire purchase or lease or hypothecation to the operator with a permission to get it registered in operator's name as registered owner;]

[9][(e)] "Form" means a Form appended to these rules;

[10] [(f)] "section" means a section of the Act;

[11](g)? "trade certificate" means a certificate issued by the registering authority under rule 35;

[12][(h)] "non-transport vehicle" means a motor vehicle which is not a transport vehicle.

[13][(i) "Category L-l" means a motorcycle as defined in sub-section (27) of section 2 of the Act, with maximum design speed not exceeding 45 km/hour and engine capacity not exceeding 50 cc, if fitted with a thermic engine;

(j) ??"Category L-2" means a motor cycle as defined in sub-section (27) of section 2 of the Act, with maximum design speed exceeding 45 km/hour and engine capacity exceeding 50 cc, if fitted with a thermic engine;

(k)?? "Category M" means a motor vehicle with at least four wheels used for the carriage of passengers and their luggage;

(l) ???"Category M-l" means a motor vehicle used for the carriage of passengers and their luggage and comprising no more than eight seats in addition to the driver's seat;

(m)?? "Category M-2" means a motor vehicle used for the carriage of passengers and their luggage and comprising more than eight seats in addition to the driver's seat and having a maximum mass not exceeding 5 tonnes;

(n)?? "Category M-3" means a motor vehicle used for the carriage of passengers and their luggage and comprising more than eight seats in addition to the driver's seat and having a maximum mass exceeding 5 tonnes;

(o)? ?"Category N" means a motor vehicle with at least four wheels used for the carriage of goods;

(p)? ?"Category N-l" means a motor vehicle used for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes;

(q)?? "Category N-2" means a motor vehicle used for the carriage of goods and having a maximum mass exceeding 3.5 tonnes but not exceeding 12 tonnes;

(r)?? "Category N-3" means a motor vehicle used for the carriage of goods and having a maximum mass exceeding 12 tonnes;

[14][(s) "Smart Card" means a device capable of storing data and executing commands which is a microprocessor chip mounted on a plastic card and the dimensions of the card and chip are specified in the International Organization for Standardization (ISO)/International Electro Technical Commission (IEC) 7816 specifications, as may be amended from time to time, and shall be as per the specifications specified in Annexure XI.

Explanation.?For the purposes of this clause, microprocessor chip shall have non-volatile re-writable memory capacity of minimum 4 Kilo Byte consisting of application data, file headers, security definitions, and a maximum of 350 bytes for Operating System Interfacing, as specified by the Ministry of Road Transport and Highways from time to time for Driving Licence and Registration Certificate applications;

[15][(t) "International Driving Permit" means the licence issued by a licensing authority in India under Chapter II of the Act to an Indian National authorising the person specified therein to drive any categories of motor vehicles as specified in Form 6-A in the areas or territories of countries other than India but excluding the countries with whom there are no diplomatic relations;]

[16][(u) "Battery Operated Vehicle" means a vehicle adapted for use upon roads and powered exclusively by an electric motor whose traction energy is supplied exclusively by traction battery installed in the vehicle:

Provided that if the following conditions are verified and authorised by any testing agency specified in rule 126, the battery operated vehicle shall not be deemed to be a motor vehicle.

(i)       the thirty minutes power of the motor is less than 0.25 kW.;

(ii)      the maximum speed of the vehicle is less than 25 km/h;

(iii)     bi-cycles with pedal assistance which are?(a) equipped with an auxiliary electric motor having a thirty minute power less than 0.25 kW, whose output is progressively reduced and finally cut off as the vehicle reaches a speed of 25 km/h, or sooner, if the cyclist stops pedaling; and (b) fitted with suitable brakes and retro-reflective devices, i.e.,

(iv)    one transparent reflector in the front and one red reflector at the rear.

Explanation.?The thirty minute power of the motor is defined in AIS: 049:2003 and method of verification is prescribed in AIS: 041:2003, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986);

(v)      "Power tiller" means an agricultural machinery used for soil preparation having a single axle in which the direction of travel and its control for field operation is performed by the operator walking behind it. This equipment may or may not have a riding attachment and when coupled to a trailer can be used for the transportation of goods. The maximum speed of the power tiller when coupled to a trailer, shall not exceed 22 km/h. The maximum haulage capacity of the Power tiller coupled to a trailer shall not exceed 1.5 tons.]

CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES

Rule 3. General

The provisions of sub-section (1) of section 3 shall not apply to a person while receiving instructions or gaining experience in driving with the object of presenting himself for a test of competence to drive, so long as?

(a)??? such person is the holder of an effective learner's licence issued to him in Form 3 to drive the vehicle;

(b)?? such person is accompanied by an instructor holding an effective driving License to drive the vehicle and such instructor is sitting in such a position to control or stop the vehicle; and

(c)??? there is painted, in the front and the rear or the vehicle or on a plate or card affixed to the front and the rear, the letter "L" in red on a transparent background as under:?

Note.?The painting on the vehicle or on the plate or card shall not be less than 18 centimeters square and the letter "L" shall not be less than 10 centimeters high, 2 centimeters thick and 9 centimeters wide at the bottom:

Provided that a person, while receiving instructions or gaining experience in driving a motor cycle (with or without a side-car attached), shall not carry any other person on the motor cycle except for the purpose and in the manner referred to in clause (b).

Rule [17][4. Evidence as to the correctness of address and age.?

Every applicant for the issue of a licence under this Chapter shall produce as evidence of his address and age, any one or more of the following documents in original or relevant extracts thereof duly attested by a Gazette Officer of the Central Government or of a State Government or an officer of a local body who is equivalent in rank of a Gazetted Officer of the Government or Village Administration Officer or Municipal Corporation Councillor or Panchayat President, namely:?

[18]["* * *]

2. Electoral Roll,

3. Life insurance Policy,

[19][* * *]

4. Passport,

[20][* * *]

6. Pay slip issued by any office of the Central Government or a State Government or a local body,

[21][* * *]

8. School certificate,

9. Birth certificate,

10. Certificate granted by a registered medical practitioner not below the rank of a Civil Surgeon, as to the age of the applicant,

[22][11. Any other document or documents as may be prescribed by the State Government under clause (k) of section 28:]

Provided that where the applicant is not able to produce any of the above-mentioned documents for sufficient reason, the licensing authority may accept any affidavit sworn by the applicant before an Executive Magistrate, or a First Class Judicial Magistrate or a Notary Public as evidence of age and address.]

Rule 5. Medical certificate.?

[23](1) Every application for the issue of a learner's licence or a driving licence or for making addition of another class or description of a motor vehicle to a driving licence or for renewal of a driving licence to drive a vehicle other than a transport vehicle shall be accompanied by a self-declaration as to the physical fitness as in Form 1 and every such application for a licence to drive a transport vehicle shall be accompanied by a medical certificate in Form 1-A issued by a registered medical practitioner referred to in sub-section (3) of section 8.]

[24][(2) An application for a medical certificate shall contain a declaration in Form 1. A medical certificate issued in Form 1-A shall be valid for a period of one year from the date of its issue. It shall be accompanied by a passport size copy of the photograph of the applicant.]

Rule 6. Exemption from production of medical certificate.?

Any person who has, after the date of commencement of these rules, produced a medical certificate in connection with the obtaining of a learner's licence or a driving licence, whether for initial issuance or for renewal thereof, or for addition of another class of motor vehicles to his driving licence, shall not be required to produce a medical certificate, except where the application is made for the renewal of a driving licence.

Rule 7. Affixing of photograph to medical certificate.?

A photograph of the applicant shall be affixed at the appropriate place shown in [25][Form 1-A] and the registered medical practitioner shall affix his signature and seal to the said photograph in such a manner that the signature and the seal appear partly on the photograph and partly on the form of

the medical certificate:

[26]* * *]

Rule 8. Minimum educational qualification for driving transport vehicles.?

[Omitted by G.S.R. 933(E). dated 28-10-1989 (w.e.f. 28-10-1989).]

Rule [27][9. Educational qualifications for drivers of goods carriages carrying dangerous or hazardous goods.?

1.??? [28]One year from the date of commencement of Central Motor Vehicles (Amendment) Rules, 1993, any person driving a goods carriage carrying goods of dangerous or hazardous nature to human life shall, in addition to being the holder of a driving licence to drive a transport vehicle, also has the ability to read and write at least one Indian language out of those [29][specified in the VIII Schedule of the Constitution] and English and also possess a certificate of having successfully passed a course consisting of following syllabus and periodicity connected with the transport of such goods.

1.        The holder of a driving licence possessing the minimum educational qualification or the certificate referred to in sub-rule (1), shall make an application in writing on a plain paper alongwith his driving licence and the relevant certificate to the licensing authority hi whose jurisdiction he resides for making necessary entries in Ms driving licence and if the driving licence is in Form l the application shall be accompanied by the fee as is referred to in Serial No. 8 of the Table to rule 32.

2.        The licensing authority, on receipt of the application referred to in sub-rule (2), shall make an endorsement in the driving licence of the applicant to the effect that he is authorised to drive a goods carriage carrying goods of dangerous or hazardous nature to human life.

3.        A licensing authority other than the original licensing authority making any such endorsement shall communicate the fact to the original licensing authority.]

Rule 10. Application for learner's licence.?

An application for the grant or renewal of a learner's licence shall be made in Form 2 and shall be accompanied by,?

(a)      save as otherwise provided in rule 6, a medical certificate in [30] [Form 1-A].

(b)      three copies of the applicant's recent [31][passport size photograph],

(c)      appropriate fee as specified in rule 32,

(d)      the case of an application for [32][transport vehicle], the driving licence held by the

(e)      applicant.

Rule 11. Preliminary test.?

(1)     Save as otherwise provided in sub-rule (2), every applicant for a learner's licence shall present himself before the licensing authority on such date, place and time, as the licensing authority may appoint, for a test and satisfy such authority that the applicant possesses adequate knowledge and understanding of the following matters, namely:?

(a)      the traffic signs, traffic signals and the rules of the road regulations made under section 118;

(b)      the duties of a driver when his vehicle is involved in an accident resulting in the death or bodily injury to a person or damage to property of a third party;

(c)      the precautions to be taken while passing an unmanned railway crossing; and

(d)      the documents he should carry with him while driving a motor vehicle.

[33][(1-A) In determining as to whether an applicant possesses adequate knowledge and understanding of the matters referred to in sub-rule (1), the licensing authority shall put to the applicant questions of objective type such as specified in Annexure VI.

Explanation.?For the purpose of this sub-rule, "adequate knowledge" means answering correctly at least 60 per cent of the questions put to him.]

(2)     Nothing contained in sub-rule (1) shall apply to the following class of applicants, namely:?

(a)?? the holder of an effective driving licence,

(b)?? the holder of a driving licence which has expired but five years have not elapsed,

(c)??? the holder of a learner's licence issued or renewed after the commencement of these rules,

(d)?? the holder of a certificate to the effect of the possession of adequate knowledge and understanding of the matters referred to in sub-rule (1), issued by any institution recognized and notified in this regard by the State Government.]

Rule 12. Consent of parent or guardian, in the case of application by minor.?

In the case of an application for a learner's licence to drive a [34][motor cycle without gear] by an applicant under the proviso to sub-section (1) of section 4, the application shall be signed by the parent or guardian of the applicant.

Rule 13. Form of learner's licence.?

Every learner's licence issued by the licensing authority shall be in Form 3.

Driving licence

Rule 14. Application for a driving licence.?

[35](1)] An application for a driving licence shall be made in Form 4 and shall be accompanied by,?

(a)?? an effective learner's licence to drive the vehicle of the type to which the application relates;

(b)?? appropriate fee as specified in rule 32, for the test of competence to drive and issue of licence;

(c) ??three copies of the applicant's recent 34[passport size photograph];

(d)?? save as otherwise provided in rule6,a medical certificate in 35[Form 1-A];

(e)?? ?a driving certificate in Form 5 issued by the school or establishment from where the applicant received instruction, if any.

(g)? ?proof of age.

(h) ??proof of citizenship.]

36[(2) An application for an International Driving Permit shall be made in Fonn 4- and shall be accompanied by?

(a)      valid driving licence issued by the licensing autho rity und er these ru les;

(b)      appropriate fee as specified in rule 32;

(c)      three copies of the applicant's recent passport photograph;

(d)      a medical certificate in Form 1-A;

(e)      valid proof of Indian Nationals; if valid proof of passport; an

(f)       valid proof of visa, wherever applicable.]

Rule 15. Driving test.?

(1)     No person shall appear for the test of competence to drive unless he has held a learner's licence for a period of at least [36][thirty days].

(2)     The test of competence to drive referred to in sub-section (3) of section 9 shall be conducted by the licensing authority or such other person as may be authorised in this behalf by the State Government in a vehicle of the type to which the application relates.

(3)     The applicant shall satisfy the person conducting the test that he is able to?

(a)      adjust rear-view mirror;

(b)      take suitable precautions before starting the engine;

(c)      move away safely and smoothly straight ahead at an angle, while at the same time engaging all gears until the top gear is reached;

(d)      to change to the lower gears quickly from the top gear when the traffic conditions warrant such change;

(e)      change quickly to lower gears when driving downhill;

(f)       if stop and re-start the vehicle on a steep upward incline making proper use of the hand-brake or of the throttle and the foot-brake without any rolling back, turn right and left corners correctly and make proper use of the rear-view mirror before signalling;

(g)      overtake, allow to be overtaken, meet or cover the path of other vehicles safely and take an appropriate course of the road with proper caution giving appropriate signals;

(h)     give appropriate traffic signals at the appropriate time, in clear and unmistakable manner by hand or by electrical indicators fitted to the vehicle;

(i)       change the lanes with proper signals and with due care;

(j)       stop the vehicle in an emergency or otherwise, and in the latter case, bring it to rest at an appropriate course on the road safely, giving appropriate signals;

(k)      m the case of vehicle having a reverse gear, driving the vehicle backwards, reverse it into a limited opening either to the right or left under control and with reasonable accuracy;

(l)       cause the vehicle to face in the opposite direction by means of forward and reverse gears;

(m)    take correct and prompt action on the signals given by traffic signs, traffic lights, traffic controllers, policemen and take appropriate action on signs given by other road users;

(n)     act correctly at pedestrian crossings, which is not regulated by traffic lights or traffic police, by giving preference to persons crossing the roads;

(o)      keep well to the left in normal driving;

(p)      regulate speed to suit varying road and traffic conditions;

(q)      demonstrate general control of the vehicle by confident steering and ? smooth gear changing and braking as and when necessary;

(r)      make proper use of the rear-view mirror before signalling, beginning manoeuvring, moving away, altering the course to overtake, turning right or stopping;

(s)      use proper side when driving straight, turning right, turning left and at junction of the road;

(t)       make proper use of accelerator, clutch, gears, brakes (hand and foot) steering and horn;

(u)     anticipate the actions of pedestrians, drivers of other vehicles and cyclists;

(v)      take precautions at cross roads and on road junctions with regard to:?

(i)       adjustment of speed on approach,

(ii)      proper use of rear-view mirror,

(iii)     correct positioning of the vehicle before and after turning to the right or left,

(iv)    avoidance of cutting right hand corners,

(v)      looking right, left and right again before crossing or emerging;

(w)     concentrate in driving without his attention being distracted and to demonstrate the presence of mind;

(x)      show courtesy and consideration for the safety and convenience of other road users, such as pedestrians, drivers of other motor vehicles or cyclists.

Rule 16. Form of driving licence.?

(1)     Every driving licence issued or renewed by a licensing authority shall be in Form 6.

(2)     Where the licensing authority has the necessary apparatus, [37]for the issue of a laminated card type or Smart Card type driving licence, such card type or Smart Card type driving licence, as may be specified in the Notification issued by the concerned State Government or Union Territory Administration,] shall be in Form 7.

(3)     On and from the date of commencement of this sub-rule, every driving licence issued or renewed by the licensing authority shall be in Form 7.

(4)     [38]Every International Driving Pemit issued by a licensing authority shall be in Form 6-A and shall be valid for a period of not more than one year from the date of issue, as the case may be, or till the validity of the driving licence, whichever is earlier.

(5)     The automobile associations authorised by the State Government/ Union Territory Administration shall be allowed to issue International Driving Permit to their own members as also others subject to counter-signature by competent authority.]

Rule 17. Addition to driving licence.?

(1) ???An application for addition of another class or description of motor vehicle to the driving licence shall be made in Form 8 to the licensing authority and shall be accompanied by?

(a)      an effective learner's licence and driving licence held by the applicant;

(b)      in the case of an application for addition of a transport vehicle, the driving certificate in

                FORM 5

                19[***]

(c)      appropriate fee as specified in rule 32.

(2) ???The provisions of sub-section (1), sub-section (3) and sub-section (4) of section 9 shall, insofar as may be, apply in relation to an application under sub-section (1) as they apply in relation to an application for the grant of a driving licence.

Rule 18. Renewal of driving licence.?

(1)     An application for the renewal of a driving licence shall be made in Form 9 to the licensing authority having jurisdiction over the area in which the applicant ordinarily resides or carries on business and shall be accompanied by?

(a)?? appropriate fee as specified in rule 32;

(b)?? three copies of the applicant's recent [39],[passport size photograph], if renewal is to be made in Form 6,

(c)?? the driving licence,

(d)?? the medical certificate in [40][Form 1-A].

(2)     Where the driving licence authorises the holder of such licence to drive a transport vehicle as well as any other vehicle, then the licensing authority shall, subject to the production of medical certificate, renew such licence for the appropriate period as specified in sub-section (2) of section 14.

Rule 19. Refund of fee.?

Where the licensing authority rejects an application for the renewal of a driving licence under sub-section (5) of section 15, it shall refund half of the fee paid for such renewal to the applicant, on an application made by him in that behalf not later than thirty days from the date of receipt of the order rejecting the application.

Rule 20. Driving licence to drive motor vehicle belonging to the Defence Department.?

The authorities for the purpose of sub-section (1) of section 18 shall be?

(a)      all the officers-commanding of Units of Army of and above the rank of Major;

(b)      all the officers-commanding of Units of Navy of and above the rank of Lieutenant Commander;

(c)      all the officers-commanding of Units of Air Force of and above the rank of Squadron Leader.

Disqualification

Rule 21. Powers of licensing authority to disqualify.?

For the purpose of clause (J) of sub-section (1) of section 19, the commission of the following acts by holder of a driving licence shall constitute nuisance or danger to the public, namely:?

(1)     Theft of motor vehicle.

(2)     Assault on passengers.

(3)     Theft of personal effects of passengers.

(4)     Theft of goods carried in goods carriages.

(5)     Transport of goods prohibited under any law.

(6)     [41]Driver, while driving a transport vehicle, engages himself in activity which is likely to disturb his concentration.]

(7)     Abduction of passengers.

(8)     Carrying overload in goods carriages.

(9)     Driving at speed exceeding the specified limit.

(10)   Carrying persons in goods carriage, either inside the driver's cabin in excess of its capacity or on the vehicle, whether for hire or not.

(11)   Failing to comply with the provisions of section 134.

(12)   Failure to stop when signaled to do so by any person authorised to do so.

(13)   Misbehaviour with and showing discourtesy to passengers, intending passengers or consignors and consignees of goods.

(14)   Smoking while driving public service vehicles.

(15)   Abandoning vehicle in a public place causing inconvenience to other road users or to passengers in the vehicle.

(16)   Driving vehicle while under the influence of drink or drugs.

(17)   Interfering with any person mounting or preparing to mount upon any other vehicle.

(18)   Allowing any person to sit or placing things in such a way as to impede the driver from having a clear vision of the road or proper control of the vehicle.

(19)   Not stopping a stage carriage at approved stopping places for a sufficient period of time in a safe and convenient position upon demand or signal of the conductor or any passenger desiring to alight from the vehicle and unless there is no room in the vehicle, upon demand or signal of any person desiring to becoming a passenger.

(20)   Loitering or unduly delaying any journey and not proceeding to the destination as near as may be in accordance with the time table pertaining to the vehicle, or, where there is no such time table, with all reasonable despatch.

(21)   Not driving a contract carriage, in the absence of a reasonable cause, to the destination named by the hirer by the shortest route.

(22)   The driver of a motor cab not accepting the first offer of hire which may be made to him irrespective of the length of the journey for which such offer is made.

(23)   The driver of a motor cab demanding or extracting any fare in excess to that to which he is legally entitled or refusing to ply motor cab.

(24)   [42]Abandoning a transport vehicle as a mark of protest or agitation of any kind or strike in a public place or in any other place in a manner causing obstructions and inconvenience to the public or passengers or other users of such places.]

(25)   [43]Using mobile phone while driving a vehicle.]

Endorsement in driving licence

Rule 22. Endorsement by Courts.?

(a)      A Court convicting a holder of a licence, for any one of the offences specified hereunder, shall endorse or cause to be endorsed in the driving licence, the particulars of such conviction, namely:?

(b)      Driving without a licence, or without a licence which is effective, or without a licence applicable to the vehicle driven (section 3).

(c)      Allowing a licence to be used by another person (section 6(2)).

(d)      Driving when disqualified (section 23).

(e)      Driving an unregistered vehicle (section 39).

(f)       Driving a transport vehicle not covered by a certificate of fitness (section 56).

(g)      Driving a transport vehicle in contravention of section 66.

(h)     Driving in contravention of rule 118.

(i)       Failure to comply with provisions of section 114.

(j)       Refusing or failing within specified time to produce licence or certificate of registration (section 130).

(k)      Failing to stop vehicle as required under section 132.

(l)       Obtaining or applying for a licence without giving particulars of?? endorsement (section 182).

(m)    Driving at excessive speed (section 183).

(n)     Driving dangerously (section 184).

(o)      Driving while under the influence of drink or drugs (section 185).

(p)      Driving when mentally or physically unfit to drive (section 186).

(q)      Abetment of an offence punishable under section 183 or 186.

(r)      Abetment of offence specified in section 188.

(s)      Taking part in an unauthorised race or trial of speed, (section 189).

(t)       Using vehicle in unsafe condition (section 190).

(u)     Driving vehicle exceeding punishable limit or weight (section 194).

(v)      Altering a licence or using an altered licence

(w)     An offence punishable with imprisonment in the commission of which a motor

(x)      vehicle was used.

State Register

Rule 23. State Register of driving licences.?

(1)     Each State Government shall maintain a State Register of driving licences in respect of driving licences issued and renewed by the licensing authorities in the State in Form 10.

(2)     Each State Government shall send to the Director (Transport Research), Ministry of Surface Transport, New Delhi, a printed copy of the register referred to in sub-rule (1).

Driving Schools and Establishments

Rule 24. Driving schools and establishments.?

(1)     No person shall establish or maintain any driving school or establishment for imparting instructions for hire or reward in driving motor vehicles without a licence in Form 11 granted by the licensing authority.

(2)     An application for the grant or renewal of a licence under sub-rule (1) shall be made in Form 12 or Form 13, as the case may be, to the licensing authority having jurisdiction in the area in which the school or establishment is situated and shall be accompanied by appropriate fee as specified in rule 32.

Explanation.?For the purposes of this rule and rules 25 to 28 "licensing authority" means an officer not below the rank of the Regional Transport Officer of the Motor Vehicles Department established under section 213.

(3)     The licensing authority shall, when considering an application for the grant or renewal of a licence under this rule, have regard to the following matters, namely:?

(i)       the applicant and the staff working under him are of good moral character and are qualified to give driving instructions;

(ii)      the premises where the school or establishment is proposed to be conducted is either owned by the applicant or is taken on lease by him or is hired in his name and it has adequate provision for [44][conducting lecture and demonstration of models] besides adequate parking area for the vehicles meant to be used for imparting instructions in driving:

Provided that in respect of schools or establishments imparting instructions in driving of motor vehicles or matters connected therewith immediately before the commencement of these rules, the licensing authority may permit the conducting of instruction facilities in the same premises where the school or establishment is housed for a period of six months, notwithstanding the fact that the premises do not satisfy the conditions laid down in this clause;

(iii)     the financial resources of the proposed school or establishment are sufficient to provide for its continued maintenance;

(iv)    the applicant owns and maintains a minimum of one motor vehicle each of the type in which instruction is imparted in the school or establishment;

(v)      the vehicles are available exclusively for purposes of imparting instruction and all such vehicles, except motor cycles, are fitted with dual control facility to enable the instructor to control or stop the vehicle;

(vi)    ?the applicant maintains the following apparatus, equipment and other requirements, namely:?

(a)     a blackboard,

(b)     a road plan board with necessary model signals and charts,

(c)      traffic signs chart,

(d)     chart on automatic signals and signals given by traffic controllers where there are no automatic signals,

(e)     a service chart depicting a detailed view of all the components of a motor vehicle,

(f)      engine gear box, 48[brake shoe and drums] (except where the applicant desires to impart instruction in the driving of motor cycles only),

(g)     puncture kit with tyre lever, wheel brace, jack and tyre pressure gauge,

(h)     spanners (a set each of fix spanners, box spanners, pliers, screw drivers, screw spanners, and hammer),

(i)       driving instructions manual,

(j)      benches and tables for trainees and work bench,

49[* * *]

49[* * *]

(m) ?a [45][collection] of books on automobile mechanism, driving, road safety, traffic regulations, laws relating to motor vehicles and related subjects

[46][***]

(n) ??a fully equipped first-aid box for use in emergency at the premises;

[47][* * *]

(vii)   The applicant or any member of the staff employed by him for imparting instructions possesses the following qualifications, namely:?

a.        a minimum educational qualification of a pass in the 10th standard,

b.        a minimum driving experience of five years in addition to a certificate in a course in motor mechanics or any other higher qualification in mechanical engineering from an institution established by the Central or a State Government or from an institution recognised by the Board of Technical Education of a State Government, thorough knowledge of traffic signs specified in the Schedule to the Act and the regulations made under section 118,

c.        ability to demonstrate and to explain the functions of different components, parts of the vehicles,

d.        adequate? knowledge of? English or? the? regional? language of? the? region? in which the school or establishment is situated:

Provided that any person who has served as an instructor for a period of not less than five years immediately before the commencement of these rules, is exempted from the requirements of this sub-clause.

e.        Each State Government shall send to the Director (Transport Research), Ministry of Surface Transport, New Delhi, a printed copy of the register referred to in sub-rule (1).

Driving Schools and Establishments

Rule 25. Driving schools and establishments.?

(1)?? No person shall establish or maintain any driving school or establishment for imparting instructions for hire or reward in driving motor vehicles without a licence in Form 11 granted by the licensing authority.

(2)?? An application for the grant or renewal of a licence under sub-rule (1) shall be made in Form 12 or Form 13, as the case may be, to the licensing authority having jurisdiction in the area in which the school or establishment is situated and shall be accompanied by appropriate fee as specified in rule 32.

Explanation.?For the purposes of this rule and rules 25 to 28 "licensing authority" means an officer not below the rank of the Regional Transport Officer of the Motor Vehicles Department established under section 213.

(3)?? The licensing authority shall, when considering an application for the grant or renewal of a licence under this rule, have regard to the following matters, namely:?

(i)       the applicant and the staff working under him are of good moral character and are qualified to give driving instructions;

(ii)      the premises where the school or establishment is proposed to be conducted is either owned by the applicant or is taken on lease by him or is hired in his name and it has adequate provision for [48][conducting lecture and demonstration of models] besides adequate parking area for the vehicles meant to be used for

imparting instructions in driving:

Provided that in respect of schools or establishments imparting instructions in driving of motor vehicles or matters connected therewith immediately before the commencement of these rules, the licensing authority may permit the conducting of instruction facilities in the same premises where the school or establishment is housed for a period of six months, notwithstanding the fact that the premises do not satisfy the conditions laid down in this clause;

(iii)     the financial resources of the proposed school or establishment are sufficient to provide for its continued maintenance;

(iv)    the applicant owns and maintains a minimum of one motor vehicle each of the type in which instruction is imparted in the school or establishment;

(v)      the vehicles are available exclusively for purposes of imparting instruction and all such vehicles, except motor cycles, are fitted with dual zontrol facility to enable the instructor to control or stop the vehicle;

(vi)    the applicant maintains the following apparatus, equipment and other requirements, namely:?

(i)       a blackboard,

(ii)      a road plan board with necessary model signals and charts,

(iii)     traffic signs chart,

(iv)    chart on automatic signals and signals given by traffic controllers where there are no automatic signals,

(v)      a service chart depicting a detailed view of all the components of a motor vehicle, engine gear box, 54[brake shoe and drums] (except where the applicant desires to impart instruction in the driving of motor cycles only),

(vi)    puncture kit with tyre lever, wheel brace, jack and tyre pressure gauge,

(vii)   spanners (a set each of fix spanners, box spanners, pliers, screw drivers, screw spanners, and hammer),

(viii)  driving instructions manual,

(ix)    benches and tables for trainees and work bench,

[49][* * *] =

(x)      a [50][collection] of books on automobile mechanism, driving, road safety, traffic regulations, laws relating to motor vehicles and related subjects[51][***]

(xi)    a fully equipped first-aid box for use in emergency at the premises;

[52][* * *]

(xii)   The applicant or any member of the staff employed by him for imparting instructions possesses the following qualifications, namely:?

(a)?? a minimum educational qualification of a pass in the 10th standard,

(b)?? a minimum driving experience of five years in addition to a certificate in a course in motor mechanics or any other higher qualification in mechanical engineering from an institution established by the Central or a State Government or from an institution recognised by the Board of Technical Education of a State Government,

(c)??? thorough knowledge of traffic signs specified in the Schedule to the Act and the regulations made under section 118,

(d) ??ability to demonstrate and to explain the functions of different components, parts of the vehicles,

(e ) ?adequate knowledge of English or the regional language of the region in which the school or establishment is situated:

Provided that any person who has served as an instructor for a period of not less than five years immediately before the commencement of these rules, is exempted from the requirements of this sub-clause.

(4) ??The licensing authority may, on receipt of an application under sub-rule (2) and after satisfying that the applicant has complied with the requirements of sub-rule (3), grant or renew a licence in Form 11 59[within a period of ninety days from receipt of such an application],

(5) ??No application for licence shall be refused by the licensing authority unless the applicant is given an opportunity of being heard and reasons for such refusal are given in writing by the licensing authority.

Rule 25. Duration of a licence and renewal thereof.?

A licence granted in Form 11 shall be in force for a period of five years and may be renewed on an application in Form 13 made to the licensing authority which granted the licence not less than sixty days before the date of its expiry:

[53][Provided that the validity of the said licence shall be subject to fulfilling the criteria as prescribed by the State Government, which shall be certified by the licensing authority or any other authority as may be prescribed for the purpose by the State Government on an annual basis.]

Rule 26. Issue of duplicate licence.?

(1)? ?If at any time a licence granted under sub-rule (4) of rule 24 is lost or destroyed, the holder of the licence shall forthwith intimate the loss to the licensing authority which granted the licence and shall apply in writing to the said authority, for a duplicate.

(2)?? On receipt of an application along with the appropriate fee as specified in rule 32, the licensing authority shall issue a duplicate licence clearly marked "Duplicate".

   (3)? If after the issue of a duplicate licence, the original is found, the same shall be surrendered forthwith to the licensing authority by which it was issued.

Rule 27. General conditions to be observed by the holder of a licence.?

The holder of a licence granted under rule 24 shall,?

(a)      maintain on an annual basis, a register in Form 14 and an alphabetical list of the names of the students admitted during the year;

(b)      conduct the training course according to the syllabus specified in rule 31;

[54][* * *]

(d)?? issue to every student who has completed the course a certificate in Form 5;

(e)? submit to the licensing authority which granted the licence such information or return as may be called for by it from time to time for the purposes of this Chapter;

?(f)?? not shift the school or establishment from the premises mentioned in the licence without the prior approval in writing of the licensing authority, which granted the licence;

(g)?? keep the premises of the school or establishment and the record and registers maintained by it at all reasonable times open for inspection by the licensing authority or by any person authorised in this behalf by the licensing authority;

(h)?? exhibit in a conspicuous manner on all the motor vehicles used for imparting instructions the name, full address of the school or establishment and the telephone number, if any, in bold letters;

(i)??? maintain a record separately for each trainee showing the number of driving hours spent every day in Form 15;

? (j)? display at a prominent place in its office the following:?

(i)       the licence in original issued to the school or establishment by the licensing authority, and

(ii)      the names and addresses of instructors employed by the school or establishment;

(k) ??not act in a manner calculated to mislead any person making an application to receive instructions from the school or establishment as to his ability to procure a licence for such person other than in accordance with these rules or to connive with any person in acts of commission or omission with a view to circumventing the provisions of this Chapter.

Rule 28. Power of the licensing authority to suspend or revoke licence.?

(1)??? If the licensing authority which granted the licence is satisfied, after giving the holder of the licence an opportunity of being heard, that he has?

(a)      failed to comply with the requirements specified in sub-rule (3) of rule 24; or

(b)      failed to maintain the vehicles in which instructions are being imparted in good condition; or

(c)      failed to adhere to the syllabus specified in rule 31 in imparting instruction; or

(d)      violated any other provision of rule 27, it may, for reasons to be recorded in writing, make an order,?

(e)      suspending the licence for a specified period; or

(f)       revoking the licence.

(2) ??Where the licence is suspended or revoked under sub-rule (1), the licence shall be surrendered to the licensing authority by the holder thereof.

Rule 29. Appeal.?

Any person aggrieved by any order of the licensing authority under sub-rule (5) of rule 24, rule 25 or rule 28 may, within thirty days of the date of receipt of such order, appeal to the Head of the Motor Vehicles Department established under section

Rule 30. Procedure for appeal.?

(1) ??An appeal under rule 29 shall be preferred in duplicate in the form of a memorandum, setting forth the grounds of objections to the order of the licensing authority and shall be accompanied by a certified copy of the order appealed against and appropriate fee as specified in rule 32.

(2) ??The appellate authority, after giving an opportunity to the parties to be heard and after such further enquiry, if any, as it may deem necessary, pass appropriate orders [55][within a period of forty five days from the date of receipt of such an appeal].

Rule 31. Syllabus for imparting instructions in driving of motor vehicles.?

(1) ??The syllabus for imparting instructions in driving of motor vehicles of the schools or establishments shall be as follows (see tables below):?

B. TRAFFIC EDUCATION?I

D. VEHICLE MECHANISM AND REPAIRS

E. MEDIUM AND HEAVY VEHICLE DRIVING DRIVING THEORY?II

F. TRAFFIC EDUCATION?II

G. PUBLIC RELATIONS FOR DRIVERS

Some basic aspects about ethical and courteous behaviour with other road users

H. HEAVY VEHICLE DRIVING PRACTICE