UTTAR PRADESH MOTOR VEHICLES RULES, 1998

UTTAR PRADESH MOTOR VEHICLES RULES, 1998[1]

PREAMBLE

In exercise of the powers under Sections 28, 38, 65, 95, 96, 107, 111, 138, 176 and 213 of the Motor Vehicles Act, 1988 (Act 59 of 1988) read with Section 21 of the General Clauses Act, 1897 (Act X of 1897) and in supersession of all existing rules on the subject, Ore Governor is pleased to make the following rules after their previous publication, vide Government Notification No. 659T/30-4-67-89 dated March 21, 1995 published in the Official Gazette of Uttar Pradesh, dated April 22, 1995 as required under sub-section (1) of Section 212 of the said Act.

CHAPTER I PRELIMINARY

Rule 1. Short title.

These rules shall be called The Uttar Pradesh Motor Vehicles Rules, 1998.

Rule 2. Definitions.

In these rules, unless there is anything repugnant in the subject or context:

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

[2](i-a) "Accident" means an accident involving use of any motor vehicle at a public place.]

[3][(ii) "Additional Transport Commissioner" means an officer appointed and posted as such by the State Government.]

(iii) "Approved Agent" means a person authorised by the Principal to do an act or acts on his behalf and appointed as such by means of a writing executed by the Principal in the presence of either a Magistrate or Notary Public appointed under the Notaries Act, 1952 and includes a legal practitioner authorised by him in this behalf;

[4][(iv) ***]

(v) "Assistant Regional Transport Officer" means an officer appointed as such by the State Government and posted at the Headquarters of each region or sub-region;

(vi) "Assistant Transport Commissioner" means an officer appointed as such by the State Government and posted at Lucknow;

(vii) "Central Rules" means the Central Motor Vehicles Rules, 1989;

[5][(viii) "Deputy Transport Commissioner" means an officer appointed and posted as such by the State Government.]

(ix) "Deputy Transport Commissioner (Zone)" means an officer appointed and posted as such by the State Government at the headquarters of each zone;

(x) "Form SR" means a Form appended to these rules;

(xi) "Goods Tax Officer" means an officer appointed as such by the Transport Commissioner and posted at the Headquarters of each region or sub-region;

(xii) "Goods Tax Superintendent" means a person appointed as such by the Transport Commissioner; [6][* * *]

[7](xiii-a) "Investigating Police Officer" means the Station House Officer of a Police Station or any other Police Officer subordinate or superior to him, entrusted with investigation relating to accident.

(xiv) "Non-resilient" in relation to a tyre of motor vehicle, means a tyre which is neither "pneumatic" nor "resilient";

[8][(xiv-a) "Operator" means the holder of permits granted in pursuance of sub-section (1) of Section 74 and issued in terms of Rule 124-E in respect of each vehicle and in possession of not less than ten radio taxies.]

(xv) "Passenger" means a person travelling in a public service vehicle, but shall not include the operator, the driver or the conductor or an employee of the operator of the public service travelling in the bona fide discharge of his duties in connection with the public service vehicle;

(xvi) "Passenger Tax Officer" means an officer appointed as such by the Transport Commissioner and posted at the Headquarters of each region or sub-region;

(xvii) "Passenger Tax Superintendent" means a person appointed as such by the Transport Commissioner;

[9][(xvii-a) "Permit" means a permit granted in pursuance of sub-section (1) of Section 74 and issued or renewed in terms of Rule 124-E to radio taxi to operate on the fare prescribed by the State Government.]

(xviii) "Pneumatic tyre" means a tyre containing air inserted by mechanical pressure;

[10][(xviii-a) "Radio Taxi" means the motor cab equipped with necessary specifications.]

(xix) "Region" means the territorial jurisdiction of a Regional Transport Authority as specified by the State Government under sub-section (1) of Section 68;

[11][(xx) "Senior Motor Vehicles Inspector" means a person appointed as such by the Transport Commissioner and posted at the Headquarters of any region as Regional Inspector.]

(xxi) "Regional Transport Officer" means an officer appointed as such by the Government and posted at the Headquarters of each region under the Transport Department;

(xxii) "Resilient" in respect of tyre of a motor vehicle or trailer, means a tyre not being a pneumatic type made of India-rubber;

(xxiii) "Schedule" means a schedule appended to these rules;

(xxiv) "Section" means a section of the Act;

[12][(xxiv-a) "STA" means the State Transport Authority of Uttar Pradesh constituted under sub-section (1) of Section 68.1

[13][(xxiv-b) "Sleeper Bus" means an omni bus covered by stage carriage permit or contract carriage permit designed or constructed to provide facility to passengers to either sleep or sit or both having two tier arrangement with berth necessarily on the upper tier shall have 1 x 1 or 2 x 1 berth arrangement. The lower tier may have either of the following arrangements:

(i)       having berth arrangement of 1 x 1 or 2 x 1 along the chassis.

(ii)      having seating arrangement of 1 x 1 or 2 x 1 along the chassis,

(iii)     any other arrangement subject to approval of the State Transport Authority.]

(xxv) "State Government" means the State Government of Uttar Pradesh;

(xxvi) "Sub-region" means the territorial limits of a revenue district;

[14][(xxvi-a) "Taximeter" means a measuring instrument, either mechanical or electronic, which totalizes continuously and indicate at any moment of the journey, the charges payable by the passenger of a motor cab, in accordance with the authorised.]

(xxvii) "Transport Commissioner" means an officer appointed as such by the State Government;

(xxviii) "Zone" means the territorial jurisdiction of a Deputy Transport Commissioner (Zone) as specified by the State Government.

Words and expressions used in the Act and the Central Rules and not defined in these rules shall have the meaning assigned to them in the Act and the Central Rules.

CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES

Rule 3. Licensing authority.

The licensing authority shall be the Regional Transport Officer or the Assistant Regional Transport Officer or such Regional Inspector or the Assistant Regional Inspector of the Transport Department as is authorised by the Regional Transport Officer or the Assistant Regional Transport Officer to perform the duties of a licensing authority under this chapter.

Rule 4. Fee payable for the issue of a medical certificate.

The fee payable for the issue of a medical certificate under sub-section (3) of Section S shall be rupees ten. In case any Doctor duly empowered to issue such certificate requires any specialist opinion for the purpose and takes it from any other Doctor empowered to issue such certificate, the fee for such specialist opinion shall in addition be rupees ten for each specialist.

Rule 5. Appellate authority.

The authority empowered under sub-section (8) of Section 9, sub-section (2) of Section 17 and sub-section (3) of Section 19 to hear appeals against the order of the licensing authority shall be the Deputy Transport Commissioner (Zone) of the Zone concerned.

Rule 6. Appeals: Conduct and hearing of.

(1)     An appeal under Chapter II of the Act shall be preferred in duplicate in the form of memorandum, one copy of which shall bear non-refundable fee of rupees twenty-five in non-judicial stamps, setting forth concisely the grounds of objection to the order of the licensing authority appealed against and shall be accompanied by a certified copy of that order.

(2)     When an appeal is preferred, a notice shall be issued to the authority against whose order the appeal is preferred, in such form as the appellate authority may direct.

(3)     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, may, confirm, vary or set aside the order from which the appeal is preferred and shall make an order accordingly.

Rule 7. Maintenance of State Register of Driving Licences.

(1)     The licensing authority shall send quarterly return in Form No. 10 of the Central Rules to an officer of the Transport Department of the State nominated in tins behalf by the Secretary to Government in Transport Department from time to time on or before 7th April, 7th July, 7th October and 7th January of every year covering the details for the preceding period of three calendar months.

(2)     The officer nominated under sub-rule (1) shall maintain the State Register of Driving Licences and send to the Director (Transport/Research) Ministry of Surface Transport, New Delhi, a printed copy or copy in such other form as the Central Government may require of that register.

Rule 8. Licences lost or destroyed procedure.

(1)     If at any time a driver's licence is lost by the holder or is destroyed, the holder shall forthwith intimate the facts in writing in Form SR-I to the licensing authority by whom the licence was issued or last renewed.

(2)     Upon the receipt of intimation as aforesaid the licensing authority after making such enquiries as he thinks fit, shall, if satisfied that a duplicate may properly be issued, issue a duplicate licence and send intimation to the authority by whom the licence was issued or last renewed.

(3)     The licensing authority may, in case of doubt, ask the applicant to file an affidavit or a declaration that the driving licence in respect of which the application has been made is actually lost and has not been impounded by any competent authority prescribed under the Act, and, if the applicant is unable to do so, the licensing authority may refuse to issue a duplicate licence.

(4)     Where a photograph is required to be affixed to a duplicate licence issued under the provisions of these rules, the holder of the licence shall furnish to the licensing authority with two clear copies of a recent photograph of himself one of which shall be affixed to the duplicate licence and the other copy shall be retained for record the authority issuing the duplicate licence.

[15][(5) The fee for a duplicate licence to be issued under this rule shall be as prescribed in Rule 32 of the Central Motor Vehicles Rules, 1989 in respect of issue of a driving licence in Form 7.]

(6)   When a duplicate licence has been issued upon representation that a licence has been lost and original licence is afterwards found by the holder, it shall be delivered to the licensing authority, who issued the duplicate licence.

(7)   Any other person finding a licence shall deliver it to the holder of the licence or deposit it at the nearest police station.

Rule 9. Licence defaced or torn.

(1)     If at any time it appears to a licensing authority that the driving licence held by a person is so torn or defaced in any way as to cease to be reasonably legible, the licensing authority may impound the licence and issue a duplicate.

(2)     If a licence impounded as aforesaid is required to have a photograph of holder affixed thereto, then

(i)       if the photograph on the impounded licence is in the opinion of the licensing authority satisfactory and conveniently transferable to the duplicate licence, the licensing authority may so transfer, affix, and seal the photograph to the duplicate licence; or

(ii)      if the photograph affixed to a licence impounded under the provisions of sub-rule (1) is not in the opinion of the licensing authority such as can be transferred to the duplicate licence, the holder of the licence shall, on demand by the licensing authority, furnish three clear copies of a recent photograph of himself one of which shall be affixed to the duplicate licence and sealed, one shall be forwarded to the authority by whom the licence was issued and the remaining copy shall be retained for record.

[16][(3) The fee for a duplicate licence to be issued under this rule shall be as prescribed in Rule 32 of the Central Motor Vehicles Rules, 1989 in respect of issue of a driving licence in Form 7.]

Rule 10. Licence Replacement of Photograph.

(1)     If at any time it appears to a licensing authority that the photograph affixed to the licence has ceased to be a clear likeness of the holder, the licensing authority may require the holder to surrender the licence forthwith and to furnish three clear copies of a recent photograph of himself and the holder shall, within such time as the licensing authority may specify, appear in person before the licensing authority and present the photographs accordingly.

(2)     If the holder fails to comply with a requisition by the licensing authority under sub-rule (1) the licence shall cease to be valid from the expiry of the said period.

(3)     Upon the receipt of the copies of the photograph as provided in sub-rule (1) the licensing authority shall remove the old photograph from the licence and affix and seal thereto one copy of the new photograph and return the licence to the applicant and shall, if he is not licensing authority by whom the licence was issued or last renewed, forward the second copy of the photograph to that authority and retain the remaining copy for record:

Provided that if the holder of the licence so desires the licensing authority shall issue a duplicate licence with the new photograph affixed thereto and shall destroy the original licence. In such a case if the licensing authority is not the authority by whom the licence was issued or that last renewed he shall inform the licensing authority which issued the licence or last renewed it.

(4)     When a new photograph is affixed to a licence, a note shall be made upon the photograph of the date of affixture.

[17][(5) The fee for a duplicate licence to be issued under this rule shall be as prescribed in Rule 32 of the Central Motor Vehicles Rules, 1989 in respect of issue of a driving licence in Form 7.]

Rule 11. Licence Issue of duplicate.

(1)     When a duplicate licence is issued under Rules 8, 9 or 10 it shall be clearly marked "Duplicate" in red and shall be marked with the date of issue of the duplicate with the seal of the licensing authority.

(2)     If the licensing authority who issues a duplicate licence is not the authority by whom the licence was issued or last renewed, he shall intimate the fact to the authority which issued the licence or last renewed it.

Rule 12. Transport Vehicles Driver's Badge.

(1)     The driver of a transport vehicle shall display on the left side of his chest a metal or plastic badge issued by the authority by which authorisation to drive a transport vehicle has been granted. Such badge shall be in Form SR-2. On such badge shall be inscribed the word "Driver" together with an identification number and the name of the issuing authority.

(2)     A driver of a transport vehicle shall not hold more than one such badge issued by an authority in the State.

(3)     The fee for the issue of a badge as aforesaid shall be rupees ten. If the badge is lost or destroyed, a duplicate badge on payment of rupees twenty shall be issued by the authority by which it was issued earlier. Upon the return to the issuing authority of a badge or duplicate badge the driver shall be entitled to a refund of rupees ten.

(4)     If at any time the authorisation on a driver's licence entitling him to drive a transport vehicle is suspended or revoked by any authority or by any Court or ceases to be valid by the efflux of time, the driver shall within seven days of such suspension, revocation or cessation, as the case may be, surrender the badge to the authority by which it was issued.

Rule 13. Badge not to be transferred.

(1)     No driver shall lend or transfer his badge to any other person.

(2)     Any person finding a driver's badge shall, unless he returns the same to the person whom he knows to be the holder, forthwith hand it over to the authority by which it was issued or to the licensing authority of the area where it was found or deposit the same at the nearest police station.

Rule 14. Transport Vehicle Driver's Uniform.

A driver of a transport vehicle other than a motor cab shall wear the following uniform

(i)       Khaki bush-shirt or coat with four pockets flap;

(ii)      Khaki full pants; and

(iii)     Khaki cap or turban.

Rule 15. Exemption of certain persons from driving licence or test of competence fee.

No fee shall be charged for the issue or renewal of a driving licence or learner's licence or for a test of competence to drive from a person in the employment of Government as a driver or in the employment of Government and selected for training to become a driver.

Rule 16. Exemption of drivers of road-roller from driving licence.

Nothing contained in Chapter II of the Act shall apply to the driver of a road-roller.

Rule 17. Drivers of Transport Vehicles, duties, functions and conduct of.

(1)     The driver of transport vehicle shall

(i)       as far as may be reasonably possible having regard to his duties, be responsible for the due observance of the provisions of the Act and the rules made thereunder;

(ii)      not smoke while on duty or drive the vehicle in a drunken state or under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle;

(iii)     behave in a civil and orderly manner with passengers and intending passengers;

(iv)    wear clean uniform while on duty;

(v)      maintain the vehicle, including its furniture and fittings, in a clean and sanitary condition and in reasonable state of repairs;

(vi)    not solicit custom save in civil and quiet manner;

(vii)   not interfere with any person mounting or preparing to mount upon any other vehicle;

(viii)  not allow any person to be carried in the transport vehicle in excess of the seating capacity specified in the certificate or registration of the vehicle and any additional number permitted under the terms of the permit to be carried standing in the vehicle;

(ix)    not allow any goods to be carried in the transport vehicle in excess of the permitted load capacity specified in the certificate of registration of the vehicle;

(x)      not save for good and sufficient reason, refuse to carry any person tendering the legal fare or to let his vehicle for hire on demand;

(xi)    where goods are carried in addition to passengers, take all reasonable precautions to ensure that passengers are not endangered or unduly inconvenienced by the presence of the goods;

(xii)   not, save for good and sufficient reason, require any person who has paid the legal fare to alight from the vehicle before the conclusion of the journey;

(xiii)  not, loiter or unduly delay upon any journey but shall proceed to his destination as near as may be in accordance with the timetable, pertaining to the vehicle, or where there is no such timetable with all reasonable despatch;

(xiv)  in the event of a stage carriage being unable to proceed to its destination on account of mechanical breakdown or other cause beyond the control of the driver, arrange to convey the passengers to the destination in some other similar vehicle, or, if, unable so to arrange within a period of half an hour after the failure of the vehicle, shall on demand return to each passenger a proper portion of the fare relating to the completion of the journey for which the passenger has paid the fare;

(xv)   not, in the case of a stage carriage, cause or allow anything to be placed in the vehicle in such a manner as to obstruct the entry or exit of passengers;

(xvi)  not, demand or accept from any passenger or hirer any fare or hire for the carriage of goods more than the fare or hire fixed by the State Government from time to time;

(xvii) assist the passenger, if necessary, in mounting upon or alighting from the vehicle and in loading and unloading their luggage;

(xviii)   in the case of a stage carriage, be responsible for the carriage of a complaint book in the stage carriage;

(xix)  not cause or allow any person, animal, or thing to be placed or to be in the space reserved for the driver's seat, so as to impede him in having a clear vision of the road or proper control of the vehicle;

(xx)   not shout in order to attract passengers;

(xxi)  subject to any rules or regulations made under the Act and in force prohibiting the taking up or setting down of passengers at, or except at certain specified places, bring vehicle to rest for a sufficient period of time in a safe and convenient position upon the demand or signal of the conductor or of any passenger desiring to alight from the vehicle and unless there is no room in the vehicle, upon the demand or signal of any person desiring to become a passenger;

(xxii) not, cause or allow any such vehicle to stand or loiter in any public place for the purpose of collecting passengers or goods save in such place and in such manner as may be approved by competent authority;

(xxiii)   not wrongfully obstruct or attempt to obstruct the driver, conductor or other person in charge of any other transport vehicle in the transaction of his business.

(xxiv)   not, when bringing his vehicle to rest for the purpose of picking or setting down any passenger at or near the place where another public service vehicle is at rest for the same purpose, drive the vehicle so as to endanger, inconvenience or interfere with the driver or the conductor of the other vehicle or any person mounting or preparing to amount thereon or alighting therefrom, and shall bring his vehicle to rest in front of or behind the other vehicle and on the left and side of the road or place.

(xxv)at all times exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not knowingly drive the vehicle when it or any brake, tyre or lamp thereof is in a defective condition or likely to endanger any passenger or other person or when there is not sufficient fuel in the tank of the vehicle to enable him to reach the next petrol filling station on the route, and

(xxvi)   the driver of a goods vehicle shall keep and maintain in English or in Hindi a record in Form SR-3, and shall on demand made by any officer of the Transport Department mentioned in sub-rule (1) of Rule 227 produce it for inspection.

(2)     A driver of a motor cab in addition to the duties mentioned in sub-rule (1) shall also (i) in absence of reasonable cause proceed to the destination for which the vehicle is hired by the shortest and quickest route, and (ii) neither allow his cab when disengaged to remain at a place other than the stand appointed for the purpose nor loiter for the purpose in or upon any public street, road or place for the purpose of his vehicle being hired.

(3)     A copy in Hindi version of the list of duties of the driver enumerated in clauses (i) to (xxvi) of sub-rule (1) shall be carried in a prominent place in every transport vehicle.

Rule 18. Change of residence.

The holder of a driver's licence shall, except in the case of a temporary absence not involving a change of residence for a period exceeding three months, report any change, of his temporary or permanent address as given in the licence to the licensing authority by whom the licence was issued or last renewed,      

Rule 18A. Documents for the proof of address and age.

[18][For issue of Motor Driving License and Vehicle Registration Certificate the following documents, other than those specified in Rule 4 of the Central Motor Vehicles Rules, 1989, may also be accepted by the Licensing Authority as evidence of address and age, namely

(1)     Voter Identity Card, (2) Pension Pass Book, (3) Arms License, (4) An Identity Card (in case of Central Government or State Government employees, issued by the employer).]

CHAPTER III LICENSING OF CONDUCTOR OF STAGE CARRIAGES

Rule 19. Licensing authority.

The licensing authority under Chapter III of the Act shall be the Regional Transport Officer or the Assistant Regional Transport Officer or such Regional Inspector or the Assistant Regional Inspector of the Transport Department as is authorised by the Regional Transport Officer or the Assistant Regional Transport Officer to perform the duties of a licensing authority.

Rule 20. Minimum educational qualification for grant of conductor's licence.

The minimum educational qualification for the grant of conductor's licence shall be High School or any equivalent examination recognised by the State Government:

Provided that this rule shall not apply to a person who has obtained a conductor's licence before the date of coming into force of those rules.

Rule 21. Condition for exemption from holding a conductor's licence.

(1)     Where in an emergency it becomes difficult for the permit-holder to provide a licenced conductor for his stage carriage or where a licenced conductor on duty, for reasons beyond his control, cannot perform his duties, the driver of a stage carriage may for a period not exceeding one month, act as a conductor of a stage carriage without holding a conductor's licence.

(2)     Any person other than driver of a stage carriage may act as a conductor without holding a conductor's licence for a period not exceeding one month, if

(i)       he intimates his intention to do so in Form SR-4 to the licensing authority within whose jurisdiction he intends to act as a conductor;

(ii)      he is not disqualified for holding a conductor's licence; and

(iii)     he has not on previous occasions acted as a conductor without a licence for a total period exceeding one month.

Rule 22. Conductor: Licensing of.

(1)     No person shall work as a conductor of a stage carriage, and no employer shall so employ any person, unless such persons holds a conductor's licence in Form SR-5 granted by the licensing authority.

(2)     A conductor's licence issued shall be valid for three years from the date of issue or renewal and shall be effective throughout the State.

(3)     A conductor's Licence issued by any other State with which reciprocity on the point has been arrived at, shall be deemed to be a valid licence under these rules.

(4)     Application for a conductor's licence shall be made in writing in Form SR-6 to the licensing authority of the district wherein the applicant resides.

(5)     The fee for a conductor's licence shall be as specified in sub-section (5) of Section 30.

(6)     The medical certificate required by sub-section (3) of Section 30 shall be in Form SR-7.

Rule 23. Change of residence.

The holder of a conductor's licence shall, except in the case of a temporary absence not involving a change of residence for a period exceeding three months, report any change in his temporary or permanent address as notified on the licence, to the licensing authority by whom the licence was granted or was last renewed.

Rule 24. Renewal of conductor's licence.

(1)     An application for the renewal of a conductors licence shall be made in Form SR-8 and shall be accompanied by the conductors licence, three clear copies of his recent passport size photograph, the medical certificate required by sub-section (3) of Section 30 and he fees as required under sub-section (5) of Section 30 and shall be addressed to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business.

(2)     A licensing authority renewing a conductor's licence, if the licence was not issued by the authority, shall intimate the fact of renewal in Form SR-9 to the licensing authority by whom the licence was issued or last renewed.

Rule 25. Appellate authority.

The authority empowered under Section (2) of Section 33 and under sub-section (4) of Section 34 to hear appeals against the order of the licensing authority shall be the Deputy Transport Commissioner (Zone) of the zone concerned.

Rule 26. Appeals Conduct and hearing of.

(1)     An appeal under Chapter HI of the Act shall be preferred in duplicate in the form of a memorandum; one copy of which shall bear a non-refundable fee of rupees twenty five in non-judicial stamps, setting forth concisely the grounds of objection to the order of the licensing authority appealed from, and shall be accompanied by a certified copy of that order.

(2)     When an appeal is preferred a notice shall be issued to the authority against whose order the appeal is preferred in such form as the appellate authority may direct.

(3)     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, may confirm, vary or set aside the order from which the appeal is preferred, and shall make an order accordingly.

(4)     The Regional Transport Officer or Assistant Regional Transport Officer may in his discretion, given any person interested in an appeal preferred under Chapter III of the Act, copies of any document connected with the appeal on payment of a fee of rupees five per copy of each document and a stamp-duty payable under the Stamp Act.

(5)     The Deputy Transport Commissioner of the Zone or the Regional Transport Officer or Assistant Regional Transport Officer may allow any person interested in an appeal to inspect the files connected with such appeals on payment of a fee of rupees ten for every hour or part thereof and a court-fee of rupees two on the application payable under the Stamp Act.

Rule 27. Licence lost or destroyed Procedure.

(1)     If at any time a licence issued under the provisions of Chapter III of the Act, is lost by the holder or is destroyed, the holder shall forthwith intimate the facts in writing in Form SR-10 to the licensing authority by whom the licence was issued or last renewed.

(2)     Upon the receipt of intimation as aforesaid, the licensing authority after making such enquiries as he thinks fit, shall, if satisfied that a duplicate may properly be issued, issue a duplicate licence and send intimation to the authority by whom the licence was issued or last renewed.

(3)     The licensing authority may in case of doubt, ask the applicant to file an affidavit or a declaration that the licence in respect of which the application has been made is actually lost and has not been impounded by any competent authority prescribed under the Act, and if the applicant is unable to do so, the licensing authority may refuse to issue a duplicate licence.

(4)     Where a photograph is required to be affixed to a duplicate licence issued under the provisions of these rules, the holder of the licence shall furnish the licensing authority with two clear copies of a recent photograph of himself, one of which shall be affixed to the duplicate licence and the copy shall be retained for record by the authority issuing the duplicate licence.

(5)     The fee for a duplicate licence issued under this rule shall be rupees ten.

(6)     When a duplicate licence has been issued upon representation that a licence has been lost and original licence is afterwards found by the holder it shall be delivered to the licensing authority which issued the duplicate licence.

(7)     Any other person finding a licence shall deliver it to the holder of the licence or deposit it at the nearest police station.

Rule 28. License Defaced or torn.

(1)     If at any time it appears to a licensing authority that the licence held by any person is so torn or defaced in any way as to cease to be reasonably legible, the licensing authority may impound the licence and issue a duplicate.

(2)     If a licence impounded as aforesaid is required to have a photograph' of holder affixed thereto then

(i)       if the photograph on the impounded licence is in the opinion of the licensing authority satisfactory and conveniently transferable to the duplicate licence, the licensing authority may so transfer, affix and seal the photograph to the duplicate licence; or

(ii)      if the photograph affixed to a licence impounded under the provisions of sub-rule (1) is not in the opinion of the licensing authority such as can be transferred to the duplicate licence, the holder of the licence shall on demand by the licensing authority, furnish three clear copies of a recent passport size photograph of himself, one of which shall be affixed to the duplicate licence and sealed, one shall be forwarded to the authority by whom the licence was issued and the remaining copy shall be retained for record by the authority issuing the duplicate licence.

(3)     The fee for a duplicate licence issued under this rule shall be rupees ten.

Rule 29. Licence Replacement of photograph.

(1)     If at any time it appears to a licensing authority that the photograph, affixed to the licence has ceased to be a clear likeness of the holder the licensing authority may require the holder to surrender the licence forthwith and to furnish three clear copies of a recent passport size photograph of himself and the holder, shall, within such time as the licensing authority may specify, appear in person before the licensing authority and present the photograph accordingly.

(2)     If the holder fails to comply with a requisition by the licensing authority under sub-rule (1) the licence shall cease to be valid from the expiry of the said period.

(3)     Upon the receipt of the copies of the photograph as provided in sub-rule (1), the licensing authority shall remove the old photograph from the licence and affix, and seal thereto one copy of the new photograph and return the licence to the applicant and shall, if he is not licensing authority by whom the licence was issued or last renewed, forward the second copy of the photograph to that authority and retain the remaining copy thereof for his record:

Provided that if the holder of the licence so desires, the licensing authority shall issue a duplicate licence with the new photograph affixed thereto and shall destroy the original licence. In such a case if the licensing authority is not the authority by whom the licence was issued, he shall inform the original licensing authority.

(4)     The fee for a duplicate license issued under the proviso to sub-rule (3) shall be rupees ten.

Rule 30. Licence Issue of duplicate.

(1)     When a duplicate licence is issued under Rules 27, 28 or 29, it shall be clearly marked 'Duplicate' in red and shall be marked with the date of issue of the duplicate with the seal of the licensing authority.

(2)     If the licensing authority who issues a duplicate licence is not the authority by whom the licence was issued, he shall intimate the fact to that authority.

Rule 31. Conductor's Badge.

(1)     The conductor of a stage carriage shall display on the left side of his chest, a metal or plastic badge issued by the authority by which conductor's licence has been granted. Such badge shall be in Form SK-II. On such badge shall be inscribed the word 'Conductor' together with an identification number and the name of the licensing authority. The conductor to stage carriage displaying a badge issued by the other State with whom reciprocity on the point has been arrived at, shall be deemed to be displaying a badge issued under this rule.

(2)     A conductor shall not hold more than one such badge issued by an authority in the State.

(3)     The fee for the issue of a badge as aforesaid shall be rupees ten. If the badge is lost or destroyed, a duplicate badge on payment of rupees twenty shall be issued by the authority which issued it earlier. Upon the return to the issuing authority of a badge or a duplicate badge the conductor shall be entitled to a refund of rupees ten.

(4)     If at any time a conductor's licence is suspended or cancelled by competent authority or by any Court, or ceases to be valid by the efflux of time, the conductor shall, within seven days of such suspension, cancellation or cessation surrender the badge to the authority by which it was issued.

Rule 32. Badge not be transferred.

(1)     No conductor shall lend or transfer his badge to any other person.

(2)     Any person finding a conductor's badge shall, unless he returns the same to the person whom he knows to be the holder, forthwith sent it to the authority by which it was issued or to the licensing authority of the area, where it was found or deposit the same at the nearest police station.

Rule 33. Conductor's Uniform.

A conductor of a stage carriage shall wear the following uniform

(i)       selatee bushshirt or coat with four pocket flap;

(ii)      selatee full pants; and

(iii)     selatee cap or turban.

Rule 34. Conductor of stage carriage Duties, functions and conduct of.

(1)     The conductor of a stage carriage, shall

(i)       as far as may be reasonably possible having regard to his duties, be responsible for the due observance of the provisions of the Act and the rules made thereunder;

(ii)      not smoke while on duty or conduct the vehicle in a drunken state or under the influence of a drug to such an extent as to be incapable of exercising proper control over himself;

(iii)     behave in a civil and orderly manner with passengers and intending passengers;

(iv)    wear clean uniform on duty;

(v)      maintain the vehicle in a clean and sanitary condition;

(vi)    not solicit custom save in a civil and quiet manner;

(vii)   not interfere with persons mounting or preparing to mount upon any other vehicle;

(viii)  not allow any person to be carried in any stage carriage in excess of the seating capacity specified in the certificate of registration of the vehicle and any additional number permitted under the terms of the permit to be carried standing as specified in the certificate of registration of the vehicle;

(ix)    not allow any goods to be carried in any stage carriage in excess of the permitted load capacity specified in the certificate of registration of the vehicle;

(x)      not, save for good and sufficient reasons, refuse to carry any person tendering the legal fare or to let his vehicle for hire on demand;

(xi)    where goods are carried on the vehicle in addition to passengers, take all reasonable precautions to ensure that passengers are not endangered or unduly inconvenienced by the presence of the goods;

(xii)   not, save for good and sufficient reason, require any person who has paid the legal fare to alight from the vehicle before the conclusion of his journey;

(xiii)  not loiter or unduly delay upon any journey but shall proceed to his destination as near as may be in accordance with the lime-table pertaining to the vehicle, or, where there is no such lime-table, with all reasonable despatch;

(xiv)  being unable to proceed to its destination on account of mechanical breakdown or other cause beyond the control of the driver or the conductor, arrange to convey the passengers to the destination in some other similar vehicle, or if unable so to arrange within a period of half an hour after the failure of the vehicle, shall on demand refund to each passenger a proper portion of the fare respecting the unfinished journey for which the passenger has paid the fare;

(xv)   not cause or allow anything to be placed in the vehicle in such a manner as to obstruct the entry or exit of passengers;

(xvi)  not demand or accept from any passenger or hirer any fare or hire for the carriage of goods other than the fare or hire prescribed by the competent authority;

(xvii) assist the passengers where necessary, in entering and leaving the vehicle and in loading and unloading their luggage, while loading, the conductor would go up and the passenger or his agent would lift his luggage which would be kept properly by the conductor on the top of the vehicle. While unloading, the conductor would lower down the luggage for the passenger or his agent, who would take it from him standing on the ground;

(xviii)   after the driver has stopped the vehicle at an unmanned railway crossing, get down there and after ensuring that no railway train or other railway vehicle is coming on the railway track, shall give a signal to the driver to cross it;

(xix)  be responsible for the carriage of a complaint book in the stage carriage;

(xx)   not, cause or allow any person, animal or thing to be placed or to be in the space reserved for the driver's seat so as to impede him in having a clear vision of the road for proper control of the vehicle;

(xxi)  subject to any rules or regulations in force prohibiting the taking up or setting down of passengers at or except at certain specified places, signal the driver to bring the vehicle to rest for a sufficient period of time in the event of any passenger desiring to alight from the vehicle and, unless there is no room in the vehicle, upon the demand or signal of any person desiring to become a passenger;

(xxii) not cause or allow any such vehicle to stand or loiter in any public place for the purpose of collecting passengers save in such place and in such manner as may be approved by competent authority;

(xxiii)   not wrongfully obstruct or attempt to obstruct the driver, conductor or other person in charge of any other public service vehicle in the transaction of his business;

(xxiv)   issue ticket immediately on payment of legal fare by a passenger unless the maximum passenger capacity of the vehicle has already been reached;

(xxv)at the conclusion of any journey, make reasonable search in the vehicle for any articles left by any passenger and shall take into his custody any article so found and upon the first reasonable opportunity, within 24 hours at the latest, make over the same to a responsible person at any office or station of the holder of the permit for the vehicle, or to an officer at a police station and shall likewise take into his custody and dispose of any articles so found by any other person;

(xxvi)   assist the driver and be on the lookout for other motor vehicles approaching from behind and effectively signal their approach to the driver;

(xxvii)  not, while he is on duty permit the vehicle to be used for illegal or immoral purposes;

(xxviii) not permit any fuel to be poured into fuel tank while the engine is in motion;

(xxix)   in the event of an accident to the vehicle make reasonable efforts to help the injured persons and to inform the nearest police station immediately;

(xxx)help the infants, disabled, pregnant ladies, old aged passengers and the ladies with child in arm, to board or alight the vehicle;

(xxxi)   when the driver is taking the vehicle in reverse, get down from the vehicle and be on the lookout for other motor vehicle or any other obstacle in the track of the vehicle and effectively give signal to the driver;

(xxxii)  not, allow any explosives or dangerous inflammable substances to be carried in the vehicle;

(xxxiii) take all reasonable precautions to prevent the luggage being miscarried or lost on the way;

(xxxiv) not, cause or allow to enter into or carried in the vehicle any person whom he knows or has reason to believe to be suffering from an infectious or contagious disease;

(xxxv)  not, shout in order to attract a passenger. (2) A copy in Hindi version of the list of duties of the conductor enumerated in clauses (i) to (xxxv) of sub-rule (1) above shall be carried in a prominent place in every stage carriage.

CHAPTER IV REGISTRATION OF MOTOR VEHICLE

Rule 35. Appellate authority.

(1)     The authority to hear appeals under Section 57 shall be the Deputy Transport Commissioner (Zone) of the zone concerned.

(2)     The Transport Commissioner, or Additional Transport Commissioner empowered in this behalf by the Transport Commissioner, on the application of a party, may transfer any appeal from one appellate authority to another appellate authority.

Rule 36. Appeals-Conduct and hearing of.

(1)     An appeal under Section 57 shall be preferred in duplicate in the form of a memorandum, one copy of which shall bear a fee of rupees twenty five in non-judicial stamps, setting forth concisely the grounds of objection to the order of the registering authority appealed from and shall be accompanied by a certified copy of that order.

(2)     When an appeal is preferred, a notice shall be issued to the registering authority in such form as the appellate authority may direct.

(3)     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, may confirm, vary, or set aside the order of the registering authority and shall make an order accordingly,

(4)     Any person preferring an appeal under the provisions of the Act shall be entitled to obtain a copy of any document filed with the registering authority in connection with any order, against which he has preferred an appeal, on payment of a fee of rupees five in respect of each such document.

(5)     Subject to the provisions of sub-rule (4) the appellate authority or the registering authority may in its discretion, give to any person interested in an appeal preferred under Chapter IV of the Act, copies of any document connected with appeal, on payment of a fee of rupees five per copy of each document.

(6)     The appellate authority or the registering authority may allow any person interested in an appeal to inspect the file connected with such appeal on payment of a fee of rupees ten per hour or part thereof.

Rule 37. Registering authority.

(1)     The registering authority shall be the Regional Transport Officer or Assistant Regional Transport Officer or such Regional Inspector of the Transport Department as is authorised by the Regional Transport Officer or Assistant Regional Transport Officer to perform the duties of the registering authority under the provisions of the Act and the rules made thereunder.

(2)     Special Registering Authority.The State Government may by an order notified in the Official Gazette appoint any individual from amongst the persons engaged in the manufacture or sale of new motor vehicles as the special registering authority to act as the prescribed authority under sub-section (1) of Section 43 for issuing temporary certificate of registration and a temporary mark in respect of new motor vehicles which are sold and released by the firms engaged in the manufacture or sale of motor vehicles and are proceeding immediately on registration to a place outside the premises of the firm.

Rule 38. Transport vehicles particulars to be painted on.

(1)     The following particulars in respect of a transport vehicle other than a motor cab, shall be exhibited on the left-hand side of such vehicles

(i)       Name and address of registered owner,

(ii)      The unladen weight of the vehicle, denoted by U.L.W........kg.;

(iii)     The gross vehicle weight, denoted by G.V.W........kg.;

(iv)    The number of passengers for whom accommodation is provided denoted by pass........;

(v)      The registered front axle weight, denoted by F.A.W.........kg.;

(vi)    The registered axle weight of each intermediate axle, if any, denoted by M.A.W...........kg.;

(vii)   The number, nature and size of tyres;

(1)     Front axle, denoted by.......Nos. x..........;

(2)     Rear axle, denoted by........Nos. x..........;

(3)     Intermediate axle, denoted by.......Nos. x...........;

(viii)  The maximum speed at which the vehicle may be driven without a trailer attached.............;

Provided that the name and address of the registered owner shall also be exhibited on the right-hand side of such vehicle.

(2)     The particulars specified in sub-rule (1) shall be set forth in Hindi in Devanagan script or in English with international numerals, each, not less than six millimetres high, legibly painted on a plain surface or a plate affixed to the vehicle.

(3)     In addition, the particulars of the route along which a stage carriage is authorised to ply, permit number and its validity shall be legibly displayed in Hindi in Devanagari script characters not less then ten centimetres high in black on a transparent ground on a board or plate affixed to the front of the vehicle at the level of the roof,

(4)     Vehicles registered under Section 60 need not exhibit the particulars specified in clauses (i), (iv) and (viii) of sub-rule (1).

Rule 39. Certificate of fitnessGrant and issue.

(1)     For the purpose of Section 56, the prescribed authority shall be the registering authority. An application for the issue of a certificate of fitness, shall be made in Form SR-12 to the registering authority or the authorised testing station in whose functional area the vehicle is kept or whose functional area includes the major portion of the route or area to which the permit relating to the vehicle extends.

(2)     The registering authority or the authorised testing station, by whom certificate of fitness was issued, may endorse thereon the date, appointed for the next inspection of the vehicle and the owner shall cause the vehicle to be produced for inspection accordingly

(3)     If the certificate has not been endorsed as provided in sub-rule (2) the owner shall, not less than one month before the date of expiry of the certificate make an application in Form SR-13 and cause the vehicle to be produced for inspection on such date and at such time and place as the registering authority may thereafter, upon reasonable notice, appoint.

(4)     If the owner fails to produce the vehicle on the date appointed under sub-rule (2) or on the date, time and place appointed under sub-rule (3) he shall be liable to pay an amount equivalent to and in addition to the amount of fee specified at Serial 11 of the Table of Rule 81 of the Central Rules.

(5)     There shall not be more than one certificate of fitness in respect of any vehicle.

(6)     If, owing to mechanical breakdown or other cause, a vehicle is, after the expiry of the certificate of fitness, outside the functional area of the registering authority by whom the certificate of fitness is to be issued, the registering authority may without prejudice to any penalty, to which the owner or the driver may have become liable, if the vehicle is, in his opinion, fit for use, by endorsement in Form SR-14 and subject to such conditions as he may specify, authorise its use for such time as may reasonably be necessary for the vehicle to return to the area of the registering authority by whom the certificate of fitness is to be issued, and the vehicle may be driven to such area in accordance with such endorsement, but shall not be used after return to that area until the certificate of fitness has been issued:

Provided that no authorised testing station situated outside the area of jurisdiction in which the owner should have obtained the certificate of fitness, shall issue such authorisation to any vehicle under this sub-rule.

(7)     If a vehicle is damaged at any time so as to be unfit for ordinary use and may in the opinion of any registering authority safely be driven at a reduced speed to a place of repairs, and if the registering authority is satisfied that it is necessary that the vehicle should be so driven, any registering authority may by endorsement in Form SR-15 specify the time within which and the conditions, including speed limit, subject to which the vehicle may be driven to a specified destination for the purpose of repairs.

(8)     Where a prescribed authority cancels a certificate of fitness under sub-section (4) of Section 56, it shall

(a)      supply to the owner or the person in charge of the vehicle reasons in writing for such cancellation;

(b)      issue to the said owner or the person temporary authorisation for the removal of the motor vehicle in Form SR-16 specifying the time and the conditions subject to which the vehicle may be driven to a specified destination for the purpose of repairs.

Rule 40. Inspection at other times.

The registering authority may in order to satisfy himself that the provisions of Chapters VII and VIII of the Act are being observed, at any time require the owner or person in charge of any motor vehicle to produce the said vehicle before him or before an authority appointed by him for this purpose at such time and place as he may by general or special order direct and the owner or person in charge of any such motor vehicle shall comply with such direction and allow the registering authority or any officer appointed by him hill facilities for inspecting the said vehicle.

Rule 41. RegistrationTemporary.

(1)     Subject to the provisions of Section 43 of the Act and of this rule, a registering authority or a special registering authority may issue temporary certificate of registration.

(2)     An application for temporary registration clearly marked Temporary shall be presented before the authority concerned in Form SR-17.

(3)     A temporary certificate of registration shall be issued in Form SR-18.

(4)     The authority granting a temporary certificate of registration shall in all cases forward a copy of Form SR-18 to the registering authority in whose area the vehicle is ordinarily to be kept:

Provided that where a temporary certificate of registration is granted by a special registering authority, a copy of Form SR-17 shall also be forwarded by the authority to the registering authority in whose area it has its place of manufacture or sale of motor vehicles:

Provided further that the records of the special registering authority, maintained for the purpose of issue of temporary certificates of registration, shall be open for inspection at all reasonable times by an officer of the Transport Department of the State not below the rank of Assistant Regional Transport Officer,

(5)     The authority granting a temporary certificate of registration shall assign a temporary registration mark to the vehicle.

(6)     The temporary registration mark to be assigned under sub-rule (5) shall consist of the letters allotted to the registering authority in the First Schedule followed by an allotted number and the letter "T"

Rule 42. Certificate of fitness: torn or defaced.

If at any lime it appears to the registering authority that certificate of fitness issued by him or by the authorised testing station is so torn or defaced as to cease to be reasonably legible, he may impound such certificate and direct the owner of the vehicle covered by the certificate, to apply for the issue of a certificate of fitness.

Rule 43. Certificate of fitness Loss or destruction of.

(1)     If at any time the certificate of fitness is lost or destroyed the owner shall forthwith intimate the fact in writing to the registering authority by whom or the authorised testing station by which the certificate of fitness was issued for the issue of a duplicate certificate of fitness. On receipt of such application the registering authority or the authorised testing station, as the case may be, may after making such enquiries as it thinks fit, issue duplicate certificate of fitness.

(2)     An application for duplicate certificate of fitness shall be accompanied with a fee of rupees fifty.

Rule 44. Compounding fees for late intimation.

The compounding fees, in lieu of any action that may be taken against the owner of a motor vehicle under Section 177 for delay in submission of application for registration or for renewal of registration under sub-section (13) of Section 41 or for assignment of a new registration mark under sub-section (7) of Section 47 or for recording his new address under sub-section (4) of Section 49 or for recording of transfer of ownership of the vehicle under sub-section (5) of Section 50 for delay of each week or part thereof, shall be

(1)     in respect of an invalid carriage; rupee one;

(2)     in respect of motor cycle; rupees five;

(3)     in respect of motor vehicle other than a transport vehicle, excluding an invalid carriage or a motor cycle; rupees twenty five;

(4)     in respect of a transport vehicle; rupees fifty:

Provided that the amount of compounding fee shall in no case exceed rupees one hundred.

Rule 45. Certificate of registration Authority empowered to suspend.

The registering authority or any officer of the Transport Department not below the rank of Passengers/Goods Tax Officer excluding the Deputy Transport Commissioner (Zone) may suspend the certificate of registration of a motor vehicle under Section 53.

Rule 46. Intimation in respect of vehicles not registered within Uttar Pradesh.

(1)     In addition to the requirements of sub-section (4) of Section 47 when any motor vehicle which is not registered in Uttar Pradesh has been kept within the State for a period exceeding thirty days, the owner or other person in charge of the vehicle shall send intimation along with the certificate of registration of the vehicle to the registering authority of the area in which the motor vehicle is at time of making the report and shall intimate

(i)       his name and permanent address, and his address for the time being;

(ii)      the registration mark of the vehicle;

(iii)     the make and description of the vehicle, and

(iv)    in the case of transport vehicle the name of the authority within Uttar Pradesh by whom the permit has been issued or countersigned: Provided that in the case of a transport vehicle covered by a permit having validity in Uttar Pradesh, it shall only be necessary to make a report under this sub-rule upon the first occasion when a report is due.

(2)     Upon receipt of intimation under sub-rule (1) the registering authority shall, after making such verification as it thinks fit, communicate the particulars of registration of the vehicle to the registering authority by whom the vehicle was previously registered.

(3)     Nothing in this rule shall apply to a motor vehicle registered under Section 60 or to a motor vehicle exempt from registration under provisions of Rule 47.

Rule 47. Exemption of vehicle in possession of manufacturers or dealers.

Section 39 shall not apply to a motor vehicle in the possession of a dealer in motor vehicles in the course of the business of the dealer so long as it is used under the authorisation of a trade certificate granted by the registering authority within whose area the dealer has his place of business and is used for any of the purposes specified in Rule 41 of the Central Rules.

Rule 48. Maintenance of State Registers of Motor Vehicles.

(1)     The registering authority shall maintain a State Register of Motor Vehicles in such form as prescribed by the Central Government.

(2)     This register may be either in bound book form or on computer disc or tape.

(3)     As soon as the vehicle is registered, the necessary entries shall be taken up or entered in the State Register of Motor Vehicles.

(4)     The State Register for Motor Vehicles shall be maintained according to the class of the vehicle, that is to say, transport or non-transport and also if the registration of all types of vehicles is in large number according to the detailed classification of the vehicle, that is to say two-wheeler, cars, goods vehicles, carriages, tractors, etc., as decided by the registering authority,

Rule 49. Exemption of road-rollers, etc.

All road-rollers, graders and other vehicles designed and used solely for road-making and cleansing shall be exempted from the provisions of Chapter IV of the Act and the rules made thereunder.

Rule 50. Exemption from payment of registration fees.

No fee shall be charged for the registration of motor vehicles of the following descriptions

[19][(i) Tractors, trailors and locomotives used solely for agricultural purposes];

(ii)   Motor ambulances owned by charitable institutions and used solely for the conveyance of sick or injured;

(iii)   Such motor vehicles as are owned by Government or are for the time being in the service of the Government.

Rule 51. Assignment of registration mark.

(1)     The registered numbers shall be assigned serially in the order in which applications are received.

(2)     A number once assigned to a motor vehicle shall not be assigned to any other motor vehicle nor the cancelled registered number of a motor vehicle shall be assigned to any other motor vehicle.

(3)     No person shall exhibit, or use a registered number on any vehicle other than the motor vehicle to which it has been assigned under these rules.

Rule 51A. Allotment of registration marks.

[20][(1) The registration mark to motor vehicles be assigned, shall be as per the notification issued by the Central Government under sub-section (6) of Section 41 of the Act.

(2)   On receipt of an application in the prescribed Form 20 of the Central Motor Vehicles Rules, 1989, the registering authority shall assign the registration number which falls in serial order after the last registration mark assigned subject to the provisions of the following rules:

(i)       The Transport Commissioner may reserve any registration number as are considered necessary to be assigned to the vehicles of Government.

(ii)      The Transport Commissioner may notify in local newspapers from time to time, the registration numbers as are considered attractive, to be reserved for any person who made an application therefore and make the payments as prescribed in sub-rule (iv) of this rule.

(iii)     [x x x][21]

[22][(iv) The Registering Authority may on an application in writing made to it by any person, reserve any registration number notified by the Transport Commissioner under sub-rule (ii) on payment of a fee of Rs. 15,000.00 for very important numbers, Rs. 7,500.00 for very important numbers, Rs. 6,000 for attractive numbers and Rs. 3,000 for important numbers in advance along with application in addition to fees prescribed under sub-section (2) of Section 41 of the Act on the principle of "first come first" basis and these attractive numbers once reserved shall not be transferable.]

(v)   The reservation fee once paid shall on no account be refunded.

(vi)   The number reserved shall be allotted on production of a vehicle along with the application in Form-20 of the Central Motor Vehicles Rules, 1989. The reservation of the registration number shall be cancelled if the vehicle is not produced within 30 days from the date of reserving the registration number and the number so cancelled can be allotted to any other person by registering authority who makes an application along with the fees prescribed under sub-rule (iii) of this rule.]

Rule 52. Particulars of registration Supply of copies.

(1)     A registering authority may in his discretion supply a copy of the particulars of any motor vehicle registered in the record maintained by him to any person who applies for the same and furnishes non-judicial stamps of rupees ten.

(2)     The application under sub-rule (1) shall be addressed to the registering authority in whose jurisdiction, the motor vehicle has been registered and shall bear a court-fee payable under the Court-Fees Act.

Rule 53. Intimation regarding stolen or recovered motor vehicles.

(1)     The Director-General of Police of the State shall furnish to the State Transport Authority, Uttar Pradesh, On or before the 15th day of each month, a monthly return containing the information regarding motor vehicles which have been stolen and the stolen motor vehicles which have been recovered throughout the State, of which the police are aware, covering the period of the preceding calendar month.

(2)     The monthly return required by sub-rule (1) shall be in Form SR-19 and shall be in triplicate.

(3)     On receipt of the return under sub-rule (1) the State Transport Authority shall send to all the registering authorities the copies of Form SR-19.

(4)     The Secretary of the State Transport Authority as also each registering authority shall maintain a register of stolen and recovered motor vehicles on the basis of information received under sub-rule (2), or as the case may be, under sub-rule (3).

Rule 54. Production of certificate of registration.

When required to do so by a registering authority or an officer of the Transport Department not below the rank of Tax Officer or a police officer not below the rank of Sub-Inspector, the owner or, in the absence of the owner, the driver of a motor vehicle in respect of which a certificate of registration has been issued, whether within the State or outside the State, shall produce the certificate.

CHAPTER V CONTROL OF TRANSPORT VEHICLES

Rule 55. State Transport Authority.

(1)     The quorum to constitute a meeting of the State Transport Authority shall be

(i)       one, in case the authority consists of only one member; or

(ii)      two, in case the authority consists of two or three members; or

(iii)     three, in case the authority consists of four or five members.

(2)     No quorum shall be necessary for a reconvened meeting adjourned for want of quorum.

(3)     The Chairman if unable to attend a meeting shall nominate a member to act as Chairman at the meeting.

(4)     The Chairman, or the acting Chairman nominated under sub-rule (3) shall have a second or casting vote.

(5)     The State Transport Authority shall meet at such times and at such places as the Chairman may appoint:

Provided that the authority shall meet not less than once in each of the periods of three months of January to March, April to June, July to September and October to December.

(6)     Not less than ten days' notice to the members shall be given of any meeting of the State transport Authority:

Provided that where in the opinion of the Chairman an emergency meeting of the State Transport Authority is necessary, a notice of not less than twenty-four hours shall be given to the members.

(7)     An officer of the Transport Department not below the rank of Deputy Transport Commissioner shall be appointed by the State Government as Secretary of the Stale Transport Authority.

(8)     The State Government may at any time

(i)       determine, without assigning any reason, by notification in the Official Gazette, the term of any nominated official or non-official member of the State Transport Authority,

(ii)      subject to the provision of Section 68, vary the composition of the authority, and consequently reduce or increase the number of official or non-official members.

[23](9)   Subject to the provisions of sub-rule (8) a nominated member (other than an ex officio member) of the State Transport Authority shall hold office for a period of one year or until his successor is nominated:

Provided that when any such member, dies or is removed or his term is determined, or he vacates office, his successor shall be nominated for the remainder of the period of office of the member whose place he takes and thereafter until his successor is nominated:

Provided further that every member whose term of office has expired shall be eligible for renomination.

Rule 56. Regional Transport Authority.

(1)     The quorum to constitute a meeting of the Regional Transport Authority shall be

(i)       one, in case the authority consists of only one member; or

(ii)      two, in the case the authority consists of two or three members.

(2)     No quorum shall be necessary for a reconvened meeting adjourned for the want of quorum.

(3)     The Chairman, if unable to attend a meeting shall nominate a member to act as Chairman at the meeting.

(4)     The Chairman, or the acting Chairman nominated under sub-rule (3) shall have a second or casting vote.

(5)     The Regional Transport Authority shall meet at such time and at such places as the Chairman may appoint:

Provided that the authority shall meet not less than once in two months unless the State Transport Authority otherwise directs.

(6)     Not less than ten days' notice to the members shall be given of any meeting of the Regional Transport Authority:

Provided that where in the opinion of the Chairman, an emergency meeting of the Regional Transport Authority is necessary, a notice of not less than twenty-four hours shall be given to the members.

(7)     The Regional Transport Officer of the region concerned shall be ex officio Secretary of the Regional Transport Authority.

(8)     The State Government may at any time

(i)       determine without assigning any reason by notification in the Official Gazette, the term of any nominated member of the Regional Transport Authority;

(ii)      subject to the provisions of Section 68, vary the composition of the authority, and consequently reduce or increase the number of official or non-official members.

[24][(9) Subject to the provisions of sub-rule (8), a nominated member (other than an ex officio member) of the Regional Transport Authority shall hold office for a period of one year or until his successor is nominated whichever is later].

Rule 57. Transport authority Delegation of powers by.

A State or Regional Transport Authority may, by general or special resolution recorded in its proceedings and subject to such conditions as may be specified in the resolution, delegate

[25][(i) to its Secretary and in the case of State Transport Authority to its Additional Secretary and/or Assistant Transport Commissioner (Administration) and in the case of a Regional Transport Authority to any Assistant Regional Transport Officer of the region concerned power to grant, refuse, renew or transfer the permits of stage carnage, contract carriage, private service vehicles or goods carriages;

(ii)   to its Secretary and in the case of State Transport Authority to its Additional Secretary and/or Assistant Transport Commissioner (Administration) or to both and in the case of a Regional Transport Authority to any Assistant Regional Transport Officer of the region concerned, all or any of its powers under Section 87 and subsection (8) of Section 88, regarding the grant of temporary and special permits;

(iii)   to a District Magistrate or an Additional District Magistrate with in its region all or any of its powers under clause (c) of sub-section (1) of Section 87 regarding the grant of temporary permits;

(iv)   to its Secretary and in the case of State Transport Authority to its Additional Secretary and/or Assistant Transport Commissioner (Administration) or to both and in the case of Regional Transport Authority to the Assistant Regional Transport Officer powers under Section 88 to countersign or to refuse to countersign permits in respect of transport vehicles plying on inter-State routes;

(v)   to its Secretary and in the case of State Transport Authority to its Additional Secretary and/or Assistant Transport Commissioner (Administration) or to both and in the case of a Regional Transport Authority to any Assistant Regional Transport Officer of the region concerned all or any of its powers under Rules 82 and 83 regarding grant or refusal to grant the replacement of vehicles;

(vi)   to its Secretary and in the case of State Transport Authority to its Additional Secretary and/or Assistant Transport Commissioner (Administration) or to both and in the case of a Regional Transport Authority to any Assistant Regional Transport Officer of the region concerned power to issue a duplicate permit under Rule 86.]

(vii) to the Chairman the power to take action under sub-section (5) of Section 86.

(viii) to the Secretary within its region, the power to suspend the permits and take action as provided under sub-section (4) of Section 86;

[26][(ix) to its Secretary and in the case of State Transport Authority to its Additional Secretary and/or Assistant Transport Commissioner (Administration) or to both and in the case of a Regional Transport Authority to any Assistant Regional Transport Officer of the region concerned for the purposes of Section 103, power to issue permit on application of State Transport Undertaking in respect of notified route or notified area;

(x)   to its Secretary and in the case of State Transport Authority to its Additional Secretary and/or Assistant Transport Commissioner (Administration) or to both and in the case of a Regional Transport Authority to any Assistant Regional Transport Officer of the region concerned power under sub-section (12) of Section 88 to grant, renew or refuse a national permit for goods carriages.]

[27][(xi) to the Regional Transport Officers, power under sub-section (9) of Section 88 of the Act to grant, renew or refuse a tourist vehicle permit.]

Provided that the Secretary shall place before the State Transport Authority or the Regional Transport Authority as the case may be, a periodical report in writing in respect of actions taken by the persons to whom powers have been delegated under this rule.

Rule 58. Transport authority: Conduct of business of.

(1)     The business of the transport authority shall be conducted under the direction of its Chairman in accordance with the rules.

(2)     Subject to the provisions of the Act and these rules and the approval of the State Government, a State or a Regional Transport Authority shall have power to make bye-laws to regulate its conduct of business.

(3)     The Secretary shall with the approval of the Chairman finalise the items of agenda to be considered at any meeting, prepare detailed note of each item of the agenda and shall issue to each member of the authority a copy of the agenda at least five days before such meeting:

Provided that in the case of an emergency meeting, the agenda may be given to the members present just before the start of the meeting.

(4)     All matters shall normally be decided at a regular meeting on the basis of majority of votes of members, including the Chairman, present and voting. In case of equality of votes, the Chairman shall have and exercise a second or casting vote. If the Chairman is of the view that any matter needs urgent decision by the authority and the meeting of the authority cannot be conveniently called and such matter may appropriately be decided by obtaining opinion of the members of the authority through circulation, he may invite such opinion by circulation of the matter.

(5)     In the event of procedure adopted under sub-rule (4), the Secretary shall send to each member of the authority such particulars of the matter as may be reasonable and necessary in order to enable the member to arrive at a decision and shall specify the date by which the votes of members are to be received in the office of the authority. Upon receipt of the votes of members as aforesaid, the Secretary shall lay the papers before the Chairman, who shall record the decision by endorsement on the form of application or other documents, as the case may be, according to the vote received and the vote or votes cast by the Chairman. The record of the votes cast shall be kept by the Secretary and shall not be available for inspection to any person save to a member of the authority. No decision shall be made through circulation before the date by which the votes of member are required to reach the office of the authority, not less than 1/3 of the members of the authority, may by notice in writing to the Secretary, demand that the matter be referred to a meeting of the authority.

(6)     The number of votes excluding the Chairman's second or casting vote necessary for a decision to be taken upon procedure by circulation shall not be less than the number necessary to constitute a quorum.

(7)     The State or the Regional Transport Authority as the case may be, may summon any applicant for a permit to appear before it and may decline to grant the permit until the applicant has so appeared either in person or by an agent authorised by him in writing and until the applicant has furnished such information as may reasonably be required by the authority in connection with the application.

(8)     Nothing contained in this rule shall prevent a State or Regional Transport Authority from deciding through circulation any matter which has been considered at a meeting or has been the subject of a hearing and upon which a decision has been reserved.

(9)     When a matter is decided by the votes of members present at a meeting of the State or Regional Transport Authority, no person other than a member of the authority shall be entitled to be present and no record of the voting shall be kept save of the number of votes cast on either side provided that when any matter is decided by the exercise of the second or casting vote of the Chairman the fact shall be recorded.

(10)   Secretary of State or Regional Transport Authority as the case may be, shall maintain a minutes-book properly bound in which minutes of the meeting shall be pasted under the signature of the Chairman. The minutes-book shall be made available to the Chairman as and when required by him.

(11)   When a permit for a transport vehicle is issued by the State or a Regional Transport Authority, the following particulars shall be communicated to the concerned Regional Transport Officer, Assistant Regional Transport Officer (Administration) and Assistant Regional Transport Officers (Enforcement) in whose jurisdiction the vehicle is authorised to ply:

(i)       Full name and address of the person to whom the permit is issued.

(ii)      Number of the permit,

(iii)     Period for which permit has been issued.

(iv)    The routes on which or the area in which the vehicle is to be used,

(v)      Designation of issuing authority,

(vi)    Registered number of vehicle or vehicles covered by the permit.

(vii)   Maximum number of passengers or the maximum load.

(12)   When a permit is transferred from one person to another under the provisions of Section 82 or when the holder of a permit has been allowed to replace the vehicle by another vehicle of the same nature and capacity under Section 83 or when the permit is cancelled or suspended under the provisions of sub-section (1) of Section 86, the fact shall be intimated to the authorities mentioned in sub-rule (11).

Rule 59. Reports to be furnished by transport authorities.

(1)     The Secretary of each Regional Transport Authority shall furnish quarterly information to the State Transport Authority on or before 7th April, 7th July, 7th October and 7th January of every year covering details for the preceding period of three calendar months, in respect of the number of applications for permits received, sanctioned, rejected, postponed and the permit issued.

(2)     On receipt of information under sub-rule (1) the Secretary, State Transport Authority shall furnish the consolidated information along with the information of the State Transport Authority to the State Government on or before the 15th day of the succeeding month of each calendar quarter mentioned in sub-rule (1).

Rule 60. Publication of the decisions of the transport authority.

Every decision of each Regional Transport Authority and the State Transport Authority shall be published on the notice board by the Secretary of the concerned Regional Transport Authority or the State Transport Authority, as the case may be, for information to the persons concerned.

Rule 61. Applications for contract carriages and private service vehicles permits: Disposal of.

The State Transport Authority or a Regional Transport Authority shall so arrange its business that applications for contract carriages and private service vehicles permits are normally disposed of within one month of their receipt in the office of the authority.

Rule 62. Applications for permits.

An application for a permit shall be entered in the register maintained in the office of Secretary, State Transport Authority or the Regional Transport Authority, as the case may be, in the order in which they are received. This register shall be regularly inspected by the Chairman, State Transport Authority/Regional Transport Authority or a senior officer deputed for the purpose by him. The routes available for permits shall be notified publicly on the office notice board and/or through local newspapers. An application for a permit shall specifically mention about ownership of the bus and general reputation or character of applicant. All such applications shall be considered and disposed of by the authority in accordance with law.

Rule 63. Hearing of application.

(1)     When application for any permit is considered at a meeting of the State or Regional Transport Authority and the applicant desires to be heard in support of his application or has been summoned to appear under the provisions of sub-rule (7) of Rule 58, he may either appear and conduct his case in person or may be represented by an approved agent:

Provided that no application for permanent stage carriage permit shall be considered if it is for notified route or notified area or any portion thereof except as provided in the approved scheme of such route areas.

(2)     The State Transport Authority or the Regional Transport Authority, as the case may be, may ask the applicant to file a declaration or an affidavit to the effect that no other permit in respect of the vehicle exists.

(3)     The State or Regional Transport Authority while considering an application for a permit, shall take into account the policy liberalization for private sector operations in the road transport field.

Rule 64. Application for permits Fee and Form of.

[28][Every application for a permit in respect of a transport vehicle shall be in one of the following Forms, accompanied by a fee as specified in Rule 125

(i)       in respect of a stage carriage in Form SR-20;

(ii)      in respect of a contract carriage in Form SR-21;

(iii)     in respect of a goods carriage in Form SR-22;

(iv)    in respect of a private service vehicle in Form SR-23;

(v)      in respect of temporary permit in Form SR-24;

(vi)    in respect of a special permit in Form SR-25.]

Rule 65. Permits Fee and Forms of.

(1)     Every permit shall be in one of the following Forms, that is to say

(i)       in respect of a stage carriage in Form SR-26;

(ii)      in respect of a contract carriage in Form SR-27;

(iii)     in respect of a goods carriage in Form SR-28;

(iv)    in respect of a private service vehicle in Form SR-29;

(v)      in respect of temporary permit in Form SR-30;

(vi)    in respect of a special permit in Form SR-31.

(2)     Where the permit relates to more than one vehicle one copy thereof shall be issued in respect of every vehicle authorised by the permit and each such copy shall carry in addition to the number of permit, a separate number contained in brackets after the number of permit. Each such copy shall be sealed and signed by the authority by which the permit is issued and by the authority by which the permit is countersigned.

(3)     The holder of a permit shall cause the relevant copy thereof or the temporary permit, as the case may be, to be carried in a glazed frame or other suitable container carried in or affixed to the interior of the vehicle in such a way as to maintain it in a clean and legible condition readily available for inspection at any time by any authorised person.

(4)     The fee for grant of permit shall be as specified under Rule 125.

Rule 66. Permit for a motor vehicle adapted to carry more than nine persons.

Subject to the provisions of sub-section (3) of Section 66 the provisions of sub-section (1) of the said section shall apply to any motor vehicle adapted to carry more than nine persons, excluding the driver.

Rule 67. Permit Conditions of.

The transport authority shall attach to every permit granted by it the following conditions

(i)       that the vehicle covered by such a permit shall in no case be used in any public place during the period in which the registration certificate and the token relating to it are or have been surrendered in accordance with the provisions of the United Provinces Motor Vehicles Taxation Act, 1935 and the rules made there under or have been suspended or cancelled;

(ii)      that the vehicle covered by such a permit shall in no case be used in any public place unless the taxes levied by the State Government and payable in respect thereof have been duly paid; and if such tax is not duly paid within the period specified in the United Provinces Motor Vehicles Taxation Act, 1935, the Uttar Pradesh Motor Gadi (Yatrikar) Adhiniyam, 1962 or the U.P. Motor Gadi (Malkar) Adhiniyam, 1964, as the case may be, it shall be presumed that the holder of the permit has intentionally evaded the payment of such tax.

(iii)     that save as provided in sub-section (2) of Section 82, the permit shall not be transferred to any other person except with the permission of the transport authority which granted the permit;

(iv)    that the vehicle shall be used in the area or on the route or the routes specified in the permit;

(v)      that the maximum number of persons or maximum weight of luggage that may be carried in the vehicle covered by the permit shall not exceed as given in the certificate of registration;

(vi)    that only such advertising matters as are directly related to the permit-holder's business in furtherance of which the permit is obtained and which does not in any way change the identity of the vehicle, may be displayed on the vehicle save on any part of the bonnet, front screen, windscreen and dashboard of the vehicle:

Provided that no advertising matter shall cover or be at a distance of less than 20 centimetres of any material descriptions painted, inscribed or fixed in or over the vehicle.

(vii)   that the holder of the permit shall cause the permit to be carried in the vehicle in such a manner that it is readily available for inspection at any time by any authorised person.

Rule 68. Permits for stage carriages Special conditions of.

The transport authority may also attach to a stage carriage permit one or more of the following conditions

(i)       that no person other than the permit-holder or any other person duly authorised by him or a driver or a conductor or a paid clerk in the employ of the permit-holder shall operate the vehicle; and

(ii)      that the vehicle shall cover the entire route for which the permit has been granted in each journey;

(iii)     that the copies of the duty lists of drivers and conductors shall be exhibited on the vehicle and at specified stands and halts on the route;

(iv)    that mail shall be carried on the vehicle subject to such conditions as may be specified and on such rates as are fixed by the transport authority in consultation with the postal authorities;

(v)      [29][(a) that luggage of passengers upto 20 kilograms per passenger shall be carried free of charge in a stage carrier in all the regions.]

(b) that the following shall be treated as passenger's luggage and will be carried free of charge on the roof of the stage carriageHand harmonium in box, non-folding charkha, pet birds in small cage (they could be carried inside the bus of no inconvenience is caused to the passengers) hand sewing-machine, gramophone, portable typewriter, radio (properly packed unless it can be carried under the seat) dry 6-volt battery;

(c) that the following will be charged separately as for 18 kilogramschildren's tricycles, folding campcot, folding table or folding chair not weighing more than 18 kilograms;

(d) the following will be charged separately as for 37 kilogramsbicycles, non-folding chairs, tea tables, small almirahs or racks, beds, etc. which can be conveniently carried on the bus and which do not weigh more than 37 kilograms;

(e) that no charge will be made for the following articles provided they can be carried under the seat occupied by the passenger to whom the articles belongfolding charkha, ghee in a closed tin, thermos flask, small tiffin-carrier or small tiffin-case, sticks and umbrellas, china tea-set, a set of six tumblers and glass jug, small attache case, book, fruits or articles of food, table fan (packed) and typewriter (standard, packed); provided that one passenger may carry only one such bundle under his seat.

(vi)    that when in the interest of public order, public safety or in an emergency, the transport authority by whom the permit is granted issues direction to the permit-holder to use, a stage carriage on a route or in an area other than one specified in the permit, the permit-holder shall use the stage carriage on such route or in such area and during such period and at such timings as may be specified in the direction.

Rule 69. Permits for contract carriages and goods carriages Special conditions of.

The transport authority may attach to a contract carriage permit or goods carriage permit the condition that no person other than the permit-holder or any other person duly authorised by him or a driver or a conductor or a paid clerk in the employ of the permit-holder shall operate the vehicle.

Rule 69A. Permits for motor cab as contract carriage special condition of.

[30][The transport authority may attach to a motor cab contract carriage permit the condition that subject to the provisions of Rule 166-A of these rules a taximeter shall be fitted and maintained in proper working order.]

Rule 70. Additional conditions of contract carriage permit.

The following shall be the additional conditions of every contract carriage other than a motor cab-

(i)       the permit-holder shall cause to be prepared in triplicate a list of passengers travelling in the vehicle in the following form in respect of each trip:

LIST OF PASSENGERS

Motor Vehicle No...............................

Date.............Time of Departure..............

From.,...........To............................

(ii)      one copy of the list shall be sent by registered post acknowledgment due to the authority which issued the permit for record, the second copy shall be carried in the vehicle and shall be produced on demand by the officers authorised to demand production of documents by or under the Act, the third copy shall be preserved by the permit holder;

(iii)     the permit-holder or his authorised agent shall issue a receipt to the hirer in respect of payment received for hire and the counterfoil of the same shall be kept available with him and produced on demand to the officers authorised to demand documents by or under the Act;

(iv)    the permit-holder shall maintain a yearly day-to-day logbook indicating the name and address of the permit-holder and the registration mark of the vehicle, name and address of the driver with the particulars of his driving licence and the starting and destination points of the journey with the time of departure and arrival and the name and address of the hirer;

(v)      the permit-holder shall quarterly furnish an extract of the logbook specified in condition above to the transport authority which granted the permit. The said logbook shall be preserved for a period of three years and shall whenever required be made available to the said authority for inspection during the said period:

Provided that nothing in this rule shall apply to any contract carriage hired to carry a marriage party.

Rule 70A. Additional conditions of permit of transport vehicle other than the goods vehicle.

[31][The State Transport Authority may impose condition that the transport vehicle, other than the goods vehicle shall be fitted with Global Positioning System (GPS/General Pocket Radio Switching (GPRS) and Emergency buttons, provided that the transport vehicles with 23 seats or more shall also be fitted with CCTV cameras and may direct the Regional Transport Authority to impose such condition:

Provided further that all above devices shall be kept in working condition at all time by the owner of the vehicle.]

Rule 71. Operation of transport vehicle through Attorney.

(1)     Operation of transport vehicle through attorney shall not be permissible except in the case of permit-holder who is

(i)       an unmarried woman, or if married, divorced or separated from her husband, or a widow,

(ii)      a minor whose father has died,

(iii)     a lunatic or an idiot,

(iv)    a person incapable of managing of operation of the transport vehicle by reason of blindness or other physical infirmity,

(v)      prosecuting studies in a recognised institution and his age does not exceed 25 years,

(vi)    in the military, naval or air service of the Indian Union, or

(vii)   under detention or imprisonment.

(2)     A transport vehicle shall not be operated under a power of attorney unless it is registered and a copy thereof has been filed in the office of Regional Transport Authority; failure to comply with this condition shall constitute a valid ground for cancellation of permit.

Rule 72. Permit Entry of registration mark on.

Save in the case of temporary permit, where the registration mark of the vehicle is to be entered on a permit and the applicant on the date of application is not in possession of the vehicle duly registered, he shall within one month of the sanction of the application by the transport authority or such longer period as the authority may specify, produce the certificate of registration of vehicle before that authority so that the particulars or the registration mark may be entered in the permit.

Rule 73. Permit Revocation of sanction.

No permit shall be issued until the registration mark of the vehicle to which it relates has been entered therein. In the event of any applicant failing to produce the certificate of registration without any reasonable cause within lime allowed under Rule 72, the transport authority may revoke its sanction for grant of permit.

Rule 74. Temporary permit.

(1)     A temporary permit may, if the State or Regional transport Authority so desires, be granted to any person whether he is the registered owner of the vehicle to be used thereunder or not, subject to such conditions regarding payment of any tax payable under the United Provinces Motor Vehicles Taxation Act, 1935 or the rules made thereunder as it thinks fit.

(2)     When at the time of making an application for temporary permit, the applicant is not in possession of the vehicle or has not entered into a contract to hire the vehicle or otherwise satisfies the State or Regional Transport Authority that he is for good and sufficient reason unable to specify the registration mark of the vehicle to be used under the permit, the State or Regional Transport Authority, as the case may be, may if it is satisfied that undue inconvenience would otherwise be caused, issue a temporary permit without setting out the registration mark of the vehicle in it and may, if it thinks fit, require as a condition of the permit that the applicant shall, within twenty-four hours of the commencement of the first journey under the authorisation of the temporary permit, or such longer period as the authority may specify, furnish to the authority the particulars of the registration mark.

(3)     Nothing contained in a temporary permit shall be deemed to authorise the use of any vehicle which is not duly registered or in respect of which there is no valid certificate of fitness or which otherwise contravenes any of the provisions of the Act or the rules made thereunder.

(4)     The fee for grant of temporary permit shall be as specified under Rule 125.

Rule 75. Permit extension of areas of validation of.

(1)     Subject to the provisions of Section 88, a Regional Transport Authority which issued a permit (hereinafter referred to as the original transport authority) in respect of a stage carriage or a contract carriage may extend the effect of the permit to any other region within the State and may attach conditions to permit in respect of that region and may vary the conditions of the permit in different regions, provided always that the vehicle to which the permit refers are normally kept within the region of the original transport authority and subject to the provisions of the following sub-rules,

(2)     The original transport authority may issue a permit having validity in any other region in accordance with any general or special resolution adopted by any other regional authority and any permit so issued shall be of like effect in the region of the other authority as if it were issued by that authority.

(3)     Subject to the provisions of sub-rule (2) as original transport authority may issue a contract carriage permit to a contract carriage other than a motor cab which shall have effect in another region or regions if it attaches a condition to the permit that the vehicle shall only be used beyond the region of the original transport authority, under contract for a journey commencing and ending within the region of the original transport authority.

(4)     Nothing in this rule shall affect the right of the holder of any permit to apply to any regional authority for counter-signature of a permit.

(5)     The fee for counter-signature shall be a specified under Rule 125. 1[* * *] 76.

Rule 77. Exemption from necessity for permits.

A permit under sub-section (1) of Section 66 shall not be required for any transport vehicle exclusively used:

(i)       in connection with drive for the abolition of untouchablity and Scheduled Castes' welfare work by an organisation recognized by the State Government in this behalf;

(ii)      in connection with development programmes relation to Khadi and village industries organised by the Khadi and Village Industries Commission;

(iii)     in connection with the development of electronics exhibition van for demonstrating the highly-sophisticated components manufactured by the Electronics Corporation of India Ltd.;

(iv)    in connection with women and child welfare work by an organisation recognised by the State Government in this behalf,

Rule 78. Stage and contract carriages Conditions for carriage of goods in.

Goods may be carried on stage and contract carriages, subject to the conditions:

(i)       That no goods shall be carried on the top deck of a double-decked stage carriage;

(ii)      That no goods likely to foul the interior of the vehicle or to render it insanitary shall be carried at any time in any stage carriage or contract carriage;

(iii)     That the goods prohibited by the transport authority shall not be carried in a stage carriage or a contract carriage;

(iv)    That no goods shall be carried in violation of the conditions imposed by the transport authority for carriage of such goods;

(v)      That no stage carriage shall be used for carriage of goods so as to cause detriment to public convenience or failing thereby to meet the demand for passenger transport;

(vi)    That no goods shall be carried in a contract carriage save for special reasons on particular occasions and subject to conditions and restrictions specified in the permit;

(vii)   That no goods shall be carried in a stage carriage or contract carriage unless the goods are of such a nature and so packed that if carried on vehicle no danger, inconvenience- or discomfort would be caused to any passenger and such number of seats as are specified in the permit are kept free and unimpeded for the use of passengers and access to the entrance and exit from the vehicle required under these rules is unobstructed;

(viii)  No goods shall be carried in a stage or contract carriage, the weight of which together with the weight of personal luggage of the passenger carried on the vehicle exceeds the difference between the gross vehicle weight minus unladen weight of the vehicle and the weight of passengers calculated in kilograms multiplying the number of passengers plus two (driver and conductor) which the vehicle is permitted to carry by 59.

Rule 79. Carriage of animals in goods vehicle.

(1)     No cattle shall be carried in a goods vehicle in a public place unless

(i)       in the case of goat, sheep, deer or pig a minimum floor space of 60 centimetres X 60 centimetres per head of such catties provided in the vehicle;

(ii)      in the case of any other cattle:

(a)      minimum floor space of 210 centimetres X 90 centimetres per head of cattle and half of such floor space for a young one of cattle which is weaned, is provided in the vehicle;

(b)      the load body of the vehicle is constructed of strong wooden planks or iron sheets with a minimum height of 152 centimetres, measured from the floor of the vehicle on all sides and the back; and

(c)      the cattle are properly secured by ropes tied to the sides of the vehicle.

Explanation.Cattle for the purposes of this sub-rule includes goat, sheep, buffalo, fox, deer, horse, pony, mule, ass, pig, the females thereof or their ones.

(2)     No animal belonging to or intended for a circus, menagerie or zoo shall be carried in a goods vehicle in a public place unless

(i)       in the case of wild and ferocious animal, a suitable cage, either separate from or integral with the load body of the vehicle used, of sufficient strength to contain the animal securely at all times is provided; and

(ii)      reasonable floor space for each animal is provided in the vehicle.

(3)     No goods vehicle when carrying any cattle under sub-rule (1) or any animal under sub-rule (2) shall be driven at a speed in excess of 25 kms. per hour.

Rule 80. Permit Cancellation of redundant.

When a permit has been granted on first application by one Regional Transport Authority in respect of a particular vehicle, or in respect of a service of vehicles and it appears that a permit has also been granted by another Regional Transport Authority

(a)      in respect of the same vehicle; or

(b)      in respect of a service of vehicles requiring the use of a greater number of vehicles than the holder of the permit possessed at the time of applications;

The Regional Transport Authority by which one of the permits was issued may in consultation with the other authority forthwith cancel or modify the permit in such a manner as it may deem fit.

Rule 81. Permit Renewal of.

(1)     The State or Regional Transport Authority renewing a permit shall call upon the holder to produce the permit and on production shall endorse the renewal and shall thereupon return it to the holder.

(2)     The fee for renewal of permit shall be specified under Rule 125.

(3)     While renewing the permit, the transport authority shall take into account the existing mechanical condition of the vehicle and the record of accidents of such vehicle in the preceding five years.

(4)     The mechanical inspection of the vehicle shall be done by a committee of persons possessing technical knowledge of motor vehicles in which at least one member shall be a Government servant nominated by the transport authority.

Rule 82. Permits Renewal of counter-signature.

(1)     Subject to the provisions of Rule 83, application for the renewal of counter-signature on a permit shall be made in writing to the Regional Transport Authority concerned not less than fifteen days before the expiry of such counter-signature.

(2)     If at the time of application for renewal of counter- signature of a permit, the permit is not available being under renewal by the authority by which it was issued, the applicant shall state the fact and shall state the number and date of the permit, the name of the authority by which it was granted, the date of its expiry and the number and date of the counter-signature to be renewed.

(3)     The State or Regional Transport Authority granting the renewal of a counter-signature shall call upon the holder to produce the permit, if it has not been produced, and shall so endorse the validity of counter-signature as to synchronise with the validity of the permit and return it to the holder.

(4)     The fee for countersignature or renewal of counter-signature shall be as specified under Rule 125.

Rule 83. Permit Validation of the renewal in respect of counter-signature of.

(1)     The authority by which a permit is renewed may, unless any authority by which the permit has been countersigned (with effect not terminating before the date of expiry of the permit) has by general or special order otherwise directed, likewise endorse renewal of counter-signature of the permit (in the manner set forth in the appropriate form) and shall, in such case, intimate the renewal to such authority.

(2)     Unless a permit has been endorsed as provided in sub-rule (1) or unless the period of validity of the counter-signature has been endorsed by the authority making the counter-signature, the counter-signature shall be of no effect beyond the date of expiry stated therein.

(3)     While renewing the Permit Transport Officer has to keep in mind the current mechanical condition of the vehicle as well as the record of accidents of previous five years.

(4)     Mechanical Inspection of the vehicle will be done by committee of persons having technical knowledge of motor vehicle of which at least one member shall be a Gazetted Government servant in the Transport Authority.

Rule 84. Permits Replacement of vehicle authorised by.

(1)     If the holder of a permit desires at any time to replace any vehicle covered by the permit with another, he shall apply in Form SR-32 along with the fee as specified under Rule 125 to the transport authority by which the permit was issued stating the reasons why the replacement is desired and shall

(i)       if the new vehicle is in his possession, forward the certificate of registration thereof, or

(ii)      if the new vehicle is not in his possession, state any material particular in respect of which the new vehicle will differ from the old.

(2)     Upon receipt of an application under sub-rule (1), the Regional Transport Authority may in its discretion reject the application

(i)       if it has prior to the application given reasonable notice of its intention in accordance with the requirements of sub-section (3) of Section 71 or sub-section (3) of Section 74; or

(ii)      if the new vehicle proposed differs in materials respects from the old; or

(iii)     if the holder of the permit has contravened the provisions thereof or has been deprived of possession of the old vehicle under the provisions of any agreement of hire-purchase, except in cases where a forfeited vehicle is replaced by one purchased outright.

(3)     If the Regional Transport Authority grants an application for the replacement of vehicle under this rule, it shall call upon the holder of permit to produce the permit and the certificate of registration of the new vehicle if not previously delivered to it, and shall correct the permit accordingly under its seal and signature and return it to the holder.

Rule 85. Permit Validation of replacement order in respect of counter-signature on.

(1)     The authority granting permission for the replacement of a vehicle under Rule 82 shall, unless the authority by which the permit was countersigned has by general or special resolution otherwise directed, endorse the correction made in the permit with the words valid also for.....inserting the name of the authority concerned and shall intimate the fact and the particulars of the replacement to such authority.

(2)     Unless the permit has been endorsed as provided in sub-rule (1) or unless the alteration has been approved by endorsement by the countersigning authority, the counter-signature on a permit shall not be valid in respect of any new vehicle.

Rule 86. Permit Procedure on cancellation, suspension or expiry of.

(1)     The holder of a permit may at any time surrender the permit to the transport authority by which it was granted and that transport authority shall forthwith cancel the permit so surrendered.

(2)     When a transport authority suspends or cancels any permit

(i)       the holder shall surrender the permit within seven days of receipt of a demand in writing by the transport authority; and

(ii)      the authority suspending or cancelling the permit shall send intimations to the authorities by whom the permit has been countersigned and in whose area the validity had been extended under Rule 75.

(4)     Within fourteen days of the expiry of any permit by the efflux of time, the holder shall deliver the permit to the transport authority by which it was issued and the transport authority receiving any such permit shall intimate the fact to the authority, or authorities, by which it was countersigned and to any authority in whose area the validity had been extended under Rule 75.

(5)     The holder of a permit shall, if so required, intimate to the transport authority within 24 hours of the receipt of suspension order, the place where the vehicle in respect of which the order is passed will be kept during the period of suspension. Subject to the provisions of sub-section (2) of Section 192, and sub-section (2) of Section 192-A, such holder shall not remove the vehicle from the place so intimated without the prior permission of the transport authority

Rule 87. Permit Transfer of.

(1)     When the holder of a permit desires to transfer the permit to some other person under Section 82 he shall, together with the person to whom he desires to make the transfer, make joint application in Form SR-33 to the transport authority by which the permit was issued setting forth the reasons for the proposed transfer.

(2)     On receipt of an application under sub-rule (1), the transport authority may require the holder of the permit and the other party to state in writing whether any premium, payment or other considering arising out of the transfer, is to pass or has passed between them and the nature and amount of any such premium, payment or other consideration.

(3)     Without prejudice to any other penalty to which the parties may be liable any transfer of a permit ordered upon an application under this rule may be cancelled by the transport authority, if it has reason to believe that the facts given in the application or furnished under sub-rule (2) are fake but no such order shall be passed unless the parties have been given an opportunity to be heard.

(4)     The transport authority may summon both the parties to the application to appear before it and may, if it deems fit, deal with the application as if it were an application for a permit.

(5)     (i) If the transport authority is satisfied that the transfer of a permit may properly be made, it shall call upon the holder of the permit in writing to surrender the permit within seven days of the receipt of the order and shall likewise call upon the person to whom the permit is to be transferred to deposit the fee as specified under Rule 125.

(ii) Upon receipt of the permit and of the required fee, the transport authority shall cancel the particulars of the holder thereon and endorse particulars of the transferee and return the permit to the transferee.

(iii) The transport authority making a transfer of a permit as aforesaid may, unless any other authority by which the permit has been countersigned has by general or special order otherwise required, endorse the permit with the words transfer of permit valid for....inserting the name of the authority by which the permit has been countersigned.

(iv) Unless the permit has been endorsed as provided in the foregoing clause (iii) or unless the transfer of the permit has been approved by endorsement by the authority which countersigned the permit, the counter-signature shall be of no effect after the date of transfer.

Rule 88. Permit Issue of duplicates in place of those lost or destroyed.

(1)     When any permit has been lost or destroyed, the holder shall forthwith intimate the fact to the transport authority by which the permit was issued and shall deposit the fee as specified under Rule 125 for the issue of a duplicate:

Provided that no fee shall be chargeable in the case of a duplicate permit issued under sub-rule (4), if the original permit was issued mom than five years back.

(2)     The transport authority, upon receipt of an application under sub-rule (1), may ask the applicant to file an affidavit or declaration that the permit in respect of which the application is made, has actually been lost or has been destroyed and has not been impounded by any competent authority prescribed under the Act and after satisfying itself that it has been so lost or destroyed, issue a duplicate and to the extent it is able to verify the facts, may endorse thereon certified copy of any counter-signature by other authority intimating the fact to that authority.

(3)     A duplicate permit issued under this rule shall be clearly marked "duplicate" in red ink and the certified copy of any counter-signature by any other transport authority on a permit made under this rule shall be valid as if it were the counter-signature.

(4)     When a permit has become dirty, torn or otherwise defaced so as, in the opinion of the transport authority, to be illegible, the holder thereof shall surrender the permit to the transport authority and apply for the issuance of a duplicate permit in accordance with this rule.

(5)     Any permit which is found by any person shall be delivered by the person at the nearest police station or to the holder or to the transport authority by which it was issued and if the holder finds or receives any permit in respect of which a duplicate has been issued, he shall return the original to the transport authority by which it was issued.

Rule 89. Production of permit.

The permit shall always be carried in the vehicle and shall be produced on demand made at any reasonable time by any of the officer of the Transport Department specified in sub-rule (1) of Rule 227 and such officer may enter into any transport vehicle for the purpose of inspecting the vehicle.

Rule 90. Safe custody and disposal of property left in a stage or contract carriage.

(1)     Where a permit-holder or his employee receive any article left in the vehicle, he shall keep that article for a period of seven days and shall, if the article is not claimed during that period, hand over the same to the officer-in-charge of the nearest police station:

Provided that, if the article is of a perishable nature, it may be handed over to the officer-in-charge of the nearest police station even before the expiry of seven days.

(2)     Where during the period mentioned in the preceding sub-rule

(i)       the article is claimed by not more than one person, the permit-holder may, after making such enquires as he deems fit and if necessary after taking an indemnity agreement from the claimant, hand over the article to the claimant; and

(ii)      the article is claimed by two or more persons then the permit-holder may hand over the same to the officer-in-charge of the nearest police station.

Rule 91. Appeal against the order of State or Regional Transport Authority.

(1)     The authority to decide an appeal against the order of the State Transport Authority or a Regional Transport Authority in respect of matters dealt with in clauses (a), (b), (c), (d), (e), (f) and (g) of sub-section (1) of Section 89 shall be the State Transport Appellate Tribunal, constituted under sub-section (2) of Section 89.

(2)     Any person aggrieved by an order referred to in sub-rule (1) may prefer an appeal within thirty days of the receipt of the order to the Chairman of the said Tribunal in the form of memorandum along with the requisite number of envelopes and necessary postage stamps for making service of notices through registered post on the respondents other than the State and Regional Transport Authorities. The memorandum shall set-forth concisely and under distinct heads the grounds of objection to the order appealed from. The memorandum shall be accompanied by as many copies thereof as there are respondents and shall also be accompanied by a certified copy of the order appealed against.

(3)     (i) The appeal may be filed and argued by the appellant himself or by an agent or an Advocate, duly authorised in this behalf. On behalf of the respondent, other than the transport authority, the appeal may be argued by the respondent himself, by an agent or an Advocate duly authorised in this behalf.

(ii) On behalf of the transport authority, the Deputy Transport Commissioner (Tribunal) or an officer of the Transport Department, an agent or an Advocate duly authorised in this behalf by the Transport Commissioner may argue the appeal and may generally appeal", act and plead before the Appellate Tribunal.

(4)     Upon receipt of an appeal in accordance with sub-rules (1), (2) and (3), the Tribunal may fix a date within the office hours, for hearing of the appeal giving the transport authority concerned, other respondents, if any and the appellant, not less than thirty days' notice and shall in that case, order the appellant to deposit the fee as specified under Rule 125.

(5)     The notice of the date of the hearing shall be given by registered post to the appellant and the respondent, other than the transport authority on the address given in the memorandum of appeal or at any other address that may be filed by them for the purpose. The notice to the transport authority shall be given through the Deputy Transport Commissioner (Tribunal) or through such other person who may be appointed to argue the appeal before the Appellate Tribunal.

(6)     The Appellate Tribunal may for sufficient reason, restore an appeal dismissed in default or for want of prosecution on an application moved by an appellant within fifteen days from the date of the knowledge of the order of dismissal of the appeal.

(7)     The appellant shall, within fourteen days of the receipt of the intimation of the date of hearing, submit to the Tribunal copies of the documents upon which the appellant proposes to rely. The respondent shall have a right to file papers, on which he relies, within a week of the filing of the documents by the appellant.

(8)     The Secretary, State Transport Authority, or Regional Transport Authority may give copies of any document connected with an appeal preferred under sub-rule (2) on payment of fee as specified under Rule 125.

(9)     The Secretary, State Transport Authority, or Regional Transport Authority may allow any person interested in an appeal to inspect the file connected with such appeal on payment of fee as specified under Rule 125.

NOTES

The distinguishing feature between the provisions under sub-rule (3)(i) and sub-rule (6) is that the legislature has permitted the appeal to be filed either by the appellant or by an agent or an advocate duly authorised in this behalf while the application for restoration of an appeal has been permitted to be filed by the appellant only and the restoration application can be allowed for sufficient reasons. [Sudha Singh and others v. State Transport Appellate Tribunal, (2004) 2 SAC 629 (LB)].

Rule 92. Procedure in case of death of a party in appeal or revision.

(1)     Where any of the appellant or revisionist dies, and the case cannot be proceeded with by the remaining appellants or revisionists or where sole appellant or revisionist dies, the Tribunal shall adjourn the further hearing of the case to enable the legal representative to appear and apply for being made a party. If the legal representative fails to do so within 90 days from the date of death of the appellant or the revisionist the appeal or revision shall abate as a whole or so far as the deceased appellant or the revisionist is concerned, as the case may be.

(2)     Where any of the respondents dies while the appeal or revision is pending, and the case cannot be proceeded with unless his legal representative is brought on record, the Tribunal shall, on an application made in that behalf within 90 days from the date of the death of the respondent, cause the legal representative of the deceased respondent to be made a party and shall proceed with the case. If no application in this behalf is made within this time the appeal or the revision shall abate as against the deceased respondent.

(3)     Notwithstanding anything contained in sub-rule (1) or (2), there shall be no abatement of appeal or the revision by reason of death of any party between conclusion of the hearing and the passing of the order and order may in such a case be passed notwithstanding the death. Such order shall have the same force and effect as if it had been passed before the death took place.

(4)     If a question arises in an appeal or revision whether a person is legal representative of the deceased appellant or revisionist or respondent such question may be determined by the Tribunal in a summary manner after taking evidence or otherwise as may be considered necessary.

(5)     The appellant or the revisionists or the person claiming to be the legal representative of a deceased appellant or revisionist may apply for an order to set aside the abatement and if it is proved that he was prevented by any sufficient cause from continuing the appeal or revision the Tribunal shall set aside the abatement and proceed with the appeal or revision.

Rule 93. Supply of copies.

(1)     The Tribunal may give to any person interested in the appeal copies of any document connected with the appeal, on payment of fee specified under Rule 125 in the shape of court-fee labels overprinted with the words for copies only" and the stamp duty payable under Article 24 of Schedule 1-B of the Indian Stamp Act, 1889 (Act No. II of 1889) as amended in its application to Uttar Pradesh from time to time, or the court-fee payable under Articles 6 to 9 of Schedule 1 of the Court Fees Act, 1870 (Act No. VII of 1870), as amended in its application to Uttar Pradesh from time to time.

(2)     Copies of the order shall be supplied to the transport authorities impleaded as respondents, free of charge.

Rule 94. Appeals procedure of.

In the event of the State Government appointing a Tribal to hear an appeal under sub-rule (1) of Rule 91 or in the event of he appellate authority appointing time for hearing under sub-rule (4) of Rule 91 of the appellant shall, within fourteen days of the receipt of the intimation that a hearing will take place, forward to the Tribunal or to the appellate authority, as the case may be, a list of documents, upon which he proposes to rely together with copies of such documents in duplicate and may upon the appointed date and subsequent hearing, appear either in person or through an approved agent.

Rule 95. Inspection of files.

Inspection of a file shall be allowed on payment of a fee as specified under Rule 125 for an hour or part thereof in addition to the court-fee payable,

Rule 96. Hours of work Fixing in advance.

The authority specified in this rule may require any employer of a driver of transport vehicle, to make to the satisfaction of the said authority such time-table, schedule or regulation as may be necessary to fix in advance the hours of work of the driver employed by him and upon approval by such authority of any time-table, schedule or regulation as aforesaid. It shall be the record of the hours of work fixed for the driver concerned for the purposes of sub-section (3) and sub-section (4) of Section 91.

Authority. Employers of drivers of transport vehicles used for the purposes of or in connection with

A Regional Transport Authority.-

(i)       A service of not less than five stage carriages.

(ii)      The business of goods carriage operated by one permit-holder under one or more permits solely within the region.

The State Transport Authority. Any stage carriage, or permit authorising use by the same permit-holder of not less than five stage or goods carriages as the case may be.

Rule 97. Conduct of passengers in stage carriages.

(1)     No person shall enter, or leave, or attempt to enter, or leave any stage carriage whilst in motion.

(2)     No person shall enter into or alight from a stage carriage, except by the entrance or exits, provided for the purpose.

(3)     No person shall enter into a stage carriage without first permitting all passengers leaving the stage carriage to alight.

(4)     No person shall knowingly, or intentionally, enter a stage carriage carrying the maximum number of passengers according to the limit of the passenger capacity prescribed under these rules.

(5)     No passenger or any other person shall mount the driver's platform or talk or interfere with or otherwise distract the attention of the driver of a stage carriage while he is driving the vehicle.

(6)     No passenger shall obstruct any employee of the permit-holder in the execution of his duty on the stage carriage.

(7)     No passenger shall place his foot upon any seat of a stage carriage.

(8)     No person (not being a person duly authorised by the permit-holder in this behalf) except a bona fide passenger or intending passenger, shall board a stage carnage and no passenger shall hang on to any exterior part of a stage carriage.

(9)     No passenger shall board a stage carriage unless he either holds a pass or obtains a ticket on payment of the fare for the journey he intends to make.

(10)   A ticket shall be valid only for the journey and the stage carriage for which it has been issued.

(11)   No. passenger shall travel in a stage carriage beyond the destination to which the fare he has paid entitles him to travel without informing and paying to the conductor the legal fare for the additional journey. Every passenger shall, when so required, get off the omnibus in which he is travelling as the terminus of the route for which it is booked.

(12)   If at any time a passenger in a stage carriage-

(i)       behaves in a disorderly manner, or

(ii)      behaves in a manner likely to cause annoyance to female passengers,

(iii)     uses abusive language, or

(iv)    molests any other passenger, or

(v)      smokes whom other fellow passengers object to it or when the vehicle is being refueled, or

(vi)    spits, or

(vii)   obstructs the conductor or the driver in the execution of his duties, or

(viii)  refuses, or is unable to pay the fare, or

(ix)    refuses to show ticket on demand by any authorised person, or

(x)      refuses to pay a fresh fare when he has altered or defaced his ticket so as to render the number or any portion thereof illegible, or

(xi)    uses, or attempts to use a ticket other than the ticket valid for a particular journey or a ticket which has already been used by another passenger or on another journey, or

(xii)   occupies more than one seat, or reserves or attempts to reserve another seat either for himself or for another passenger, or

(xiii)  has dressed or is possessed of clothing which is likely to soil or damage the dress or clothing of another passenger or which for any other reason is offensive to other passenger, or

(xiv)  has bulky luggage of a form or description likely to obstruct, annoy or cause inconvenience to another passenger, or

(xv)   carries any substance or article which is likely to annoy or cause inconvenience or be offensive to any other passenger, or

(xvi)  without lawful excuse occupies any seat exclusively reserved for females, or

(xvii) wilfully damages or spoils or removes any fittings in or on the stage carriage or interferes with any light or any part of the stage carriage or its equipment, or

(xviii)   rings without lawful excuse or interferes with any signal of the stage carriage, or

(xix)  is reasonably suspected to be suffering from any contagious or infectious disease, or

(xx)   commits or abets commission of any offence under the Act. The driver, conductor or any officer of the Transport Department specified in sub-rule (1) of Rule 227 may require such passenger to alight from the vehicle forthwith and may stop the vehicle and keep it standing until the passenger has alighted. Such passenger shall not be entitled to the refund of any fare which he may have paid and any passenger failing to comply forthwith with such a requirement may be forcibly removed by the conductor or the driver and shall be guilty of the offence punishable under Section 177.

(13)   A passenger who is reasonably suspected of contravening any of the provisions of this rule shall on demand being made by any officer of the Transport Department specified in sub-ride (1) of Rule 227 or the driver or conductor give his correct name and address to such officer, driver or conductor.

(14)   A copy of the list of duties of the passengers enumerated in sub-rules (9) and (10) and clauses (i), (ii), (v), (vii), (viii) and (xx) of sub-rule (12) in Hindi version shall be carried in a prominent place in every stage carriage.

Rule 98. Maintenance of complaint books at the bus-stands and in stage carriages.

(1)     A complaint book in Form No. SR-34 with serially numbered pages in triplicate shall be maintained at every bus-stand and also in every stage carriage to enable passengers to record any legitimate complaint in connection with the stage carriage service. Any passenger recording a complaint shall be entitled to take one copy of the complaint soon after recording the complaint. The driver and the conductor of a stage carriage shall ensure prior to starling on a journey that the stage carriage is provided with the complaint book.

(2)     Such complaint shall be written clearly and in an intelligible manner and the complainant shall also clearly and legibly record in the complaint book his full name, address, time and date on which the complaint is written.

(3)     The operator of the stage carriage service or the stage carriage permit-holder, as the case may be, shall look into every complaint recorded in the complaint book, remove as far as possible the cause of the complaint and report together with a copy of the complaint to the transport authority which granted the permit stating the action taken by him in connection with the complaint. A copy of the report shall be forwarded by the operator of the stage carriage service or the stage carriage permit-holder, as the case may be, to the complainant.

(4)     The complaint book shall be so securely kept in the stage carriage and at the bus-stand as to provide ample safeguard against the risk of being removed and shall at all times be made available to any passenger desiring to record a complaint or to an officer of the Transport Department mentioned in sub-rule (1) of Rule 227.

Rule 99. Children and infants Carriage in a public service vehicle of.

In relation to the number of persons that may be carried in a public service vehicle

(i)       a child of not more than twelve years of age shall be treated as one half, and

(ii)      a child of not more than five years of age shall be ignored.

Rule 100. Carriages of corpses.

No driver, conductor or person incharge of any transport vehicle shall permit any person to place or carry on such vehicle any corpse when such vehicle is plying for hire for the conveyance of any passenger other than person or persons by whom the vehicle has been expressly hired for the purpose of conveying such corpse.

Rule 101. Carriage of persons in goods carriage.

(1)     Save in the case of a vehicle which is being used On behalf of the State Government or the Central Government or for the carriage of troops or police or a stage carriage in which goods are being carried in addition to passengers, no person shall be carried in a goods carriage other than the owner or the hirer or a bona fide employee of the owner or the hirer of the vehicle, except in accordance with this rule:

Provided that the State Government may by special or general order permit a co-operative society or class of co-operative societies owning, or hiring a goods carriage to carry any of its members under its authority in such goods vehicle when it is used for carrying the society's goods in the course of its business:

Provided further that the State Government may by special or general order, lay down that a bona fide employee of the owner or hirer, of the vehicle shall not travel in such goods carriage except under the written authority from its owner or the hirer, as the case may be,

(2)     No person shall be carried in the cab of a goods carriage beyond the number for which there is seating accommodation at the rate of thirty-seven centimetres measured along the seat excluding the space reserved for the driver, for each person, and not more than six persons, in all in addition to the driver shall be carried in any goods carriage.

(3)     No person shall be carried upon the goods or otherwise in such a manner that such person is in danger of falling from the vehicle and in no case shall any person be carried in a goods carriage in such a manner that any part of his person, when he is in sitting position, is at a height exceeding 3.5 metres from the surface upon which the vehicle rests.

(4)     Notwithstanding the provisions of sub-rule (2), the transport authority may as a condition of the permit granted for any goods carriage, specify the condition subject to which a larger number of persons as may be carried in the vehicle provided that such number shall not exceed area in square metres of the floor of the vehicle divided by 7.

(5)     Nothing contained in this rule shall be deemed to authorise the carriage of any person for hire or reward on any vehicle, unless there is in force in respect of the vehicle a permit authorising the use of the vehicle for such purpose, and save in accordance with the provisions of such permit.

(6)     The provisions of this rule shall not apply to a vehicle registered under Section 60.

Rule 102. Goods carriage Duty to carry goods.

A goods carriage shall not, save for reasonable find lawful excuse, refuse to carry any goods of any person tendering the maximum freight therefor fixed under Section 67.

Rule 103. Records to be maintained.

(1)     The transport authority may by general or special order require the owner of any transport vehicle to maintain records at the place of business or the vehicles or at both the places and submit returns in respect of the vehicle in such form as the authority may specify and such records and returns may include particulars of the daily use of the vehicle in respect of

(i)       the name and licence number of the driver, conductor and other attendants, if any;

(ii)      the route upon which or the area within which the vehicle was used;

(iii)     the number of kilometres travelled;

(iv)    the times of commencement and termination of a journey and of any halt on a journey when the driver took rest;

(v)      the weight of goods carried between specified places and the nature of the goods;

(vi)    in the case of goods carried in a stage carriage the number of trips and the mileage when goods were solely or when the goods were carried in addition to passengers, and in that case, the number of seats available for passengers.

(2)     No owner or other person shall cause or allow any person to drive a transport vehicle unless the owner or other person has in his possession a record in writing of the name and address of the driver as set forth in his driving licence, the number of the licence and the name of the authority by which it was issued.

(3)     The records required to be maintained under this rule shall be produced for inspection on demand by any registering authority or by any police officer not below the rank of a Sub-Inspector.

Rule 104. Permit-holder Change of address of.

(1)     If the holder of a permit ceases to reside or to have his place of business, as the case may be, at the address set forth in the permit, he shall within fourteen days send the permit to the transport authority by which the permit was issued intimating the new address.

(2)     Upon receipt of intimation under sub-rule (1) the concerned transport authority shall after making such enquiries as it deems fit, enter in the permit the new address and shall intimate the particulars to the authority of any region in which the permit is valid by virtue of counter-signature or otherwise.

Rule 105. Public service vehicle Intimation of damage to or failure of.

(1)     The holder of any stage or contract carriage permit in respect of a particular vehicle by reference to the registration mark shall, within seven days of the occurrence, report in writing to the transport authority by which the permit was issued any failure of, or damage to such vehicle or to any part thereof, of such a nature as to render the vehicle unfit for use in accordance with the condition of the permit for a period exceeding one week,

(2)     The holder of any permit in respect of a service of stage carriage shall, within seven days of the occurrence report in writing to the transport authority by which the permit was issued, any failure, or damage to any vehicle used by him under the authority of the permit of such a nature as to prevent the holder from complying with any of the provisions or conditions of the permit for a period exceeding one week,

(3)     Upon receipt of a report under the preceding sub-rules, the transport authority by which the permit was issued may, subject to the provisions of Rule 84:

(i)       direct the holder of the permit within such period, not exceeding two months from the date of the occurrence, as the authority may specify either to get the vehicle set right or to provide a substitute vehicle, or

(ii)      if the damage to, or failure of, the vehicle is such that in the opinion of the said authority it cannot be set right within a period of two months from the date of occurrence, direct the holder of the permit to provide a substitute vehicle, and when the holder of the permit fails to comply with such a direction, may suspend, cancel or vary the permit accordingly.

(4)     The transport authority giving a direction or suspending, cancelling or varying a permit under sub-rule (3) shall send intimation, of the fact to the transport authority of any other region in which the permit is valid by virtue of counter-signature or otherwise.

Rule 106. Alteration to motor vehicle.

(1)     The owner of a transport vehicle or if the owner is not the holder of the permit, the holder of the permit at the time of making report under Section 52 to the registering authority shall also forward a copy thereof along with a fee as specified under Rule 125 to the transport authority by which the permit relating to the vehicle was granted, or in the case of a permit relating to a service of stage carriages, to the transport authority by which the permit was granted tinder which the vehicle is being used.

(2)     Upon receipt of a report under sub-rule (1), the transport authority by which the permit was issued may if the alteration is such as to contravene any of the provisions or conditions of the permit

(i)       vary the permit accordingly; or

(ii)      require the permit-holder to provide a substitute vehicle within such period as the authority may specify and, if the holder fails to comply with such requirement, cancel or suspend the permit.

(3)     A transport authority, varying, suspending or cancelling a permit or causing another vehicle to be substituted for vehicle covered by a permit shall intimate particulars to the transport authority of any other region in which the permit is valid by virtue of counter-signature or otherwise.

Rule 107. Inspection of transport vehicle and their contents.

Any registering authority or officer of Transport Department specified in sub-rule (1) of Rule 227 or a police officer not below the rank of Sub-Inspector may at any time when the vehicle is in a public place call upon the driver of the vehicle to stop the vehicle and to keep it at rest for such time as may be necessary to enable such authority or officer to make reasonable examination of the contents of the vehicle or the number of passengers of the vehicle, as the case may be, so as to satisfy himself that the provisions of the Act and these rules and provisions and conditions of the permit in respect of the vehicle are being complied with.

Rule 108. Inspection at other times.

The registering authority may in order to satisfy himself that the provisions of Chapter VII of the Act and the rules made thereunder are being observed, at any time require the owner or person in charge of any public service vehicle to produce the said vehicle before him or before an authority appointed by him for this purpose at such time and place as he may by general or special order direct, and the owner or person in charge of any such public service vehicle shall allow the registering authority or any officer appointed by him full facilities for inspecting the said vehicles and shall permit access to his premises for this purpose.

Rule 109. Temporary authorisation in lieu of permit.

(1)     Where the holder of a permit submits the permit to the transport authority for renewal or counter-signature of the permit or for any other purpose to a police officer or any Court or other competent authority and such officer, Court or authority takes temporary possession of the permit or the registration certificate or certificate of fitness or the driving licence or the conductor's licence (hereinafter called in this rule the documents) from the holder thereof for any purpose, such transport authority or the police officer or the Court or other competent authority, as the case may be, shall immediately furnish to the holder of the permit a receipt for the documents and a temporary authorisation in Form SR-35 to ply the vehicle during such period as may be specified in the said temporary authorisation, and, during the said period, the production of the temporary authorisation on demand shall be deemed to be the production of the documents:

Provided that the authority by which the temporary authorisation was granted shall extend the period for which the temporary authorisation is to remain valid until the documents are returned, but such extension shall not be beyond the period of validity of the documents.

(2)     Until the documents referred to in sub-rude (1) are returned to the holder thereof, the vehicle concerned shall not be plied beyond the period as specified in the temporary authorisation referred to in sub-rule (1) or, as the case may be, as extended under the proviso to that sub-rule.

(3)     No fee shall be payable in respect of such temporary authorisation.

Rule 110. Prohibition of painting or marking in certain manner.

(1)     A transport vehicle when regularly used by or under a contract with the Indian Posts and Telegraph Department shall be painted in postal red colour.

(2)     The vehicles of Uttar Pradesh State Road Transport Corporation shall be painted in a combination of cream and blue colours with a transparent or cream hood.

(3)     Vehicles belonging to Uttar Pradesh Police shall be painted in combination of blue and red colours or in deep khaki colour.

(4)     No other transport vehicles plying in the State shall be painted in any of the said colours or colour combinations prescribed by the Central Government in respect of tourist vehicles and a vehicle covered by national permit or those prescribed in sub-rules (1), (2) and (3).

LICENSING OF AGENTS ENGAGED IN BUSINESS OF COLLECTING, FORWARDING AND DISTRIBUTING GOODS CARRIED BY GOODS CARRIAGES

Rule 111. Definitions.

In Rules 112 to 119 unless the context otherwise requires

(a)      'agent' means any person who is engaged as such directly or indirectly in the business of collecting, forwarding or distributing goods carried by goods carriages;

(b)      'agent's licence' means a licence granted to an agent under Rule 113 for the principal establishment and includes a supplementary licence granted to such agent for any additional establishment;

(c)      'licencing authority' means the Regional Transport Authority of the region in which the applicant has his principal place of business or intends to carry on the business, as the case may be.

Rule 112. Prohibition to act as an agent except under licence.

No person shall act as an agent unless he holds a valid licence authorising the carrying on of his business of an agent at the place or places specified in the licence.

Rule 113. Grant of agent's licence.

(1)     Any person desiring to obtain an agent's licence shall make an application in Form SR-36 to the licensing authority.

(2)     The application shall be accompanied by the fee as specified under Rule 125.

(3)     In considering an application made under this rule, the licensing authority shall have due regard, among other things to

(a)      the number of goods carriages either owned or controlled by the applicant;

(b)      the suitability of the accommodation possessed by the applicant for the storage of goods;

(c)      the facilities provided by the applicant for parking the goods carriages while loading and unloading of goods without hindrance to the general traffic in the area; and

(d)      the financial resources of the applicant and his ability to run the business efficiently.

(4)     The licensing authority, if there is no valid ground for rejection of the application, shall grant a licence or a supplementary licence for a branch office in Form SR-37 or SR-38, as the case may be, specifying the place or places, where the business may be carried on:

Provided that the licensing authority shall not refuse to grant a licence or supplementary licence for a branch office applied for unless the applicant is given an opportunity of being heard and the reasons of refusal are recorded and communicated to him in writing.

(5)     The details of establishment of branch office such as municipal house number, the nearest road, bye-lane, the postal delivery district and other landmarks in the vicinity to enable identification of the place of licence, duly attested by the licensing authority, shall be attached to the licence.

(6)     The licence shall be valid for a period of five years from the date of issue. The date of expiry of the supplementary licence shall be co-terminus with the date of expiry of the principal licence irrespective of the date on which the supplementary licence is granted.

(7)     The licence shall not be transferable.

Rule 114. Security for complying with the conditions.

(1)     For ensuring proper compliance with the conditions of licence referred to in Rule 119, the applicant shall at the time of granting a licence, deposit a security of rupees ten thousand only, either in cash or in the form of any Government security approved by the licensing authority.

(2)     Subject to the provisions of Rule 120, the security shall be refundable to the licensee on the expiry of the licence or closing down of the business by him, whichever is earlier.

Rule 115. Renewal of agent's licence.

(1)     A licence may be renewed on an application in Form SR-39 made to the licensing authority not less than 30 days before the date of expiry. Such application shall be accompanied by the principal and the supplementary licence, if any, and the fee as specified under Rule 125.

(2)     The licensing authority may, subject to the consideration applicable to the grant of licence, ether renew or refuse to renew the licence.

(3)     The renewal of licence shall be made by endorsement of renewal thereon by the licensing authority.

(4)     The provisions of Rules 113 and 114 shall mutatis mutandis apply to renewal of licence also.

Rule 116. Issue of duplicate licence.

If at any time, an agent's licence is lost, destroyed or torn, or otherwise defaced so as to be illegible, the agent shall forthwith apply to the licensing authority for the grant of a duplicate licence. The application shall be accompanied by a fee as specified under Rule 125. Upon receipt of such an application, the authority may ask the applicant to file an affidavit or declaration that the licence has actually been lost or destroyed and after satisfying itself that the same has been so lost or destroyed, issue a duplicate licence clearly stamped "Duplicate" in red ink. Where a duplicate agent's licence has been granted on representation that the licence originally granted has been lost or destroyed and the original licence is subsequently found, the original licence shall be surrendered to the licensing authority.

Rule 117. Conditions for agent's licence.

An agent's licence shall be subject to the following conditions, namely,

(i)       that the licence shall, subject to the provisions of Rule 119 provide places for loading and unloading of goods;

(ii)      that the licensee shall be responsible for proper arrangement for storage of goods collected for despatch and delivery;

(iii)     that the licensee

(a)      shall be responsible for proper delivery of the goods to the consignee;

(b)      shall be liable to indemnify the consignee for any loss or damage to goods while in his control or possession;

(c)      shall not issue a goods transport receipt without having actually received the goods;

(d)      shall not deliver the goods to the consignee without actually receiving from the consignee a goods transport receipt or, if the receipt is lost or misplaced, an indemnity bond covering the value of goods;

(iv)    that the licensee shall insure the goods against any loss or damage while in his control or possession;

(v)      that the licensee shall maintain proper record of the vehicles under his control and of the collection, despatch and delivery of goods which shall be open to inspection by the Regional Transport Authority or by any person duly authorised in this behalf by that authority and shall furnish to the licensing authority by 31st March every year a return in respect of the previous calendar year in Form SR-40;

(vi)    that the licensee shall furnish the operator with correct figures of the freight receivable by them from the consignors or the consignees;

(vii)   that the licensee shall maintain proper accounts of the commission charged by him and cause the same to be audited by a qualified auditor annually;

(viii)  that the licensee shall ensure that the goods vehicles under his control have valid permits for routes on which the vehicles have to ply;

(ix)    that the licensee shall maintain in good condition a weighing device capable of weighing at a time not less than 226 kgs.;

(x)      that the licensee shall attend his customers in the order in which they approach him:

Provided that customers in respect of such perishable goods as may be notified by the State Government in the Official Gazette shall be given priority over other customers and shall be attended to in the order in which they approach the licensee;

(xi)    that the licensee shall assign the available traffic amongst the operators in the order in which they have approached him and shall maintain a register chronologically recording particulars of the available traffic and the waiting operators;

(xii)   that the licensee shall observe such other conditions as the licensing authority may specify in the licence.

Rule 118. Particulars to be mentioned in contract of agency.

All contracts entered into by the licensee for the purpose of collecting, forwarding and distributing goods shall be in writing and shall contain the following particulars.

(i)       name and address of the consigner and the consignee;

(ii)      description and weight of the consignment;

(iii)     destination and its distance in kilometres from the starting station;

(iv)    freight per tonne per kilometre and for the whole consignment;

(v)      delivery instructions, e.g., the date by the which and the place where the goods are to be delivered to the consignee;

(vi)    terms of payment agreed upon;

(vii)   name of the owner and driver, the registration number of the vehicle and amount of the commission.

Rule 119. Premises to be used.

(1)     The licensing authority may in consultation with the local authority and the incharge of the police station having jurisdiction over the area concerned, either approve or refuse to approve any premises owned by or in the possession of a licensee or an applicant for agent's licence to be used for storage of goods and loading and unloading thereof having regard to the suitability of the site, sanitary conditions, storage capacity of the premises and the parking space available for goods vehicles, etc.

(2)     Any approval under sub-rule (1) shall be subject to the following conditions namely,

(i)       that the premises shall at all times be kept in a clean condition and good state of repairs;

(ii)      that the premises shall be administered in a seemly and orderly manner;

(iii)     that the licensee shall take all possible precautions to ensure that no breach of any of the provisions of the Motor Vehicles Act, 1988 and the rules made thereunder is committed in respect of any vehicle entering or leaving the premises or in it parking.

(3)     Where the licensing authority refuses to approve any premises under sub-rule (1), he shall record in writing his reasons for such refusal.

Rule 120. Suspension and cancellation of a licence.

(1)     Without prejudice to any other action which may be taken against a licensee, the licensing authority may by order in writing forfeit the whole or part of the security deposited under Rule 114 or cancel the agent's licence or suspend it for such period as it thinks fit if in its opinion any of the conditions under which the licence has been granted or under which any premises have been approved under Rule 119 has been contravened.

(2)     Before making any order for forfeiture of security or cancellation or suspension of the licence under this rule, the licensing authority shall give the licensee an opportunity of being heard and shall record reasons in writing for such forfeiture, cancellation or suspension.

(3)     Where a license is liable to be cancelled or suspended under this rule and the licensing authority is of opinion that having regard to the circumstances of the case, it would not be necessary or expedient so to cancel or suspend the licence, if the licence agrees to pay a certain sum of money then, notwithstanding anything contained in sub-rule (1), the licensing authority may instead of cancelling or suspending the licence, as the case may be, recover from the licensee the sum of money agreed upon.

(4)     Where the security deposited under Rule 114 has been forfeited in whole or in part, the licensee shall within fifteen days of the date of the order deposit the amount so forfeited so as to make good the total amount of the security failing which the licence shall stand suspended till such time as the amount has been deposited.

(5)     Notwithstanding anything contained in sub-rule (4), the licensing authority may, if he is satisfied that the licensee could not for reasonable cause deposit the amount within the period specified in the foregoing sub-rule, extend the period for depositing the amount

Rule 121. Display of agent's licence.

(1)     A collecting agent shall carry with him Ms agent's licence and shall produce it on demand to any officer of the Transport Department mentioned in sub-rule (1) of Rule 227 of these rules or any police officer in uniform not below the rank of a Sub-Inspector.

(2)     A forwarding agent shall exhibit his agent's licence at a prominent place in the premises approved under Rule 119 and the licence shall be made available for inspection by the officer of the Transport Department mentioned in sub-rule (1) of Rule 227 of these rules or any police officer in uniform not below the rank of Sub-Inspector.

(3)     A collecting and forwarding agent shall carry with him his agent's licence and shall produce it on demand to any officer of the Transport Department mentioned in sub-rule (1) of Rule 227 or any police officer in uniform not below the rank of Sub-Inspector and shall also cause a true copy of his agent's licence to be exhibited at a prominent place in the premises approved under Rule 119.

Rule 122. Appeals.

(1)     Any person aggrieved by an order made under sub-rule (3) of Rule 113, sub-rule (2) of Rule 115, sub-rule (3) of Rule 119 or sub-rule (1) of Rule 120 may appeal to the State Transport Appellate Tribunal constituted under Section 89 of the Vehicles Act, 1988 within 30 days from the date of receipt of the order passed by the licensing authority:

Provided that a memorandum of appeal shall be accompanied by a fee specified under Rule 125.

(2)     The memorandum of appeal shall be filed in duplicate setting forth concisely the grounds of objection and shall be accompanied by a certified copy of the order appealed against.

Rule 123. Levy of fee for supply of copies by transport authority.

Copy of any order from which an appeal may be preferred under Rule 122 or of any document shall on an application by a party in that behalf be issued to him on payment of fee as specified under Rule 125 and the stamp duty payable under the Indian Stamp Act, 1899 as amended in its application to Uttar Pradesh.

Rule 124. Licensing and regulation of conduct of agents for sale of tickets for travel by public service vehicles Grant of licence.

(1)     Every owner of a public service vehicle to be let or plied for hire shall intimate to the Regional Transport Authority concerned, the name and address of the person appointed on his behalf as the agent who has been engaged in the sale of tickets to passengers for travel by such vehicle.

(2)     No person shall act as an agent for the owner of such public service vehicle and no owner shall so employ any person unless he has obtained an agent's licence in Form SR-41 from the Regional Transport Authority concerned.

Explanation. For the purpose of this sub-rule, persuading any person, soliciting or attempting to persuade any person to travel in a vehicle shall be deemed to be act of agent for the sale of tickets for travel thereby.

(3)     An agent's licence shall be valid for a period of three years from the date of issue or renewal and shall be effective only in the region wherein it is issued or renewed.

(4)     No person under the age of eighteen years shall hold an agent's licence.

(5)     Application for an agent' licence shall be made in writing to the Regional Transport Authority of the region wherein the applicant resides, in Form SR-42 and shall be accompanied by two clear copies of a recent photograph of the applicant and the fee specified under Rule 125.

(6)     The fee for grant or renewal of or issue of a duplicate agent's licence shall be as specified under Rule 125.

(7)     An application for the renewal of an agent's licence shall be made in writing accompanied by the fee as specified under Rule 125 and the licence shall be addressed to the Regional Transport Authority, by which the agent's licence was issued.

(8)     The Regional Transport Authority may, for reasons to be recorded in writing, decline to issue or renew an agent's licence or grant of licence on such conditions as he may consider fit to impose.

(9)     (i) The Regional Transport Authority may, for reasons to be recorded in writing, suspend, cancel or revoke an agent's licence,

(ii) On an agent's licence being suspended, cancelled or revoked or its renewal having been refused, it shall be surrendered forthwith to the Regional Transport Authority which issued the licence.

(10)   An agent shall, on demand by any officer of the Transport Department not below the rank of Assistant Regional Transport Officer produce his agent's licence for inspection.

(11)   The Regional Transport Authority may by order specify the uniform to be worn by an agent.

(12)   No person shall hold more than one agent's licence effective in the same region.

(13)   The agent shall, while, on duty, wear in a conspicuous place on his left side of chest a metal badge as prescribed in the Form SR-43 issued by the Regional Transport Authority on payment of a fee as specified under Rule 125 along with his name-plate in black letter on transparent background in bold letters in English or Hindi. No agent shall lend or part with the badge to any other person and he shall surrender it to the Regional Transport Authority in the event of his licence being suspended, revoked or not renewed. If the badge is lost or destroyed a duplicate badge shall be issued by the authority which issued it on payment of fee as specified under the said rule.

Rule 124A. Restriction on operation under these rules.

[32][No person shall engage himself in the business of radio taxi without valid permit.]

Rule 124B. Eligibility Criteria for making an application.

An applicant must

(i)       be an individual, association of individuals either a company incorporated under the Indian Companies Act, 1956 or a society registered under the Societies Registration Act, 1860;

(ii)      be financially sound so as to run and manage the radio taxi operation under the scheme and shall be required to furnish a bank guarantee for performance guarantee of Rupees Two lakh in Form SR 43-A on or before the date of issue of letter;

(iii)     demonstrate possession of adequate parking space for all taxies and office space (minimum of one hundred sq, feet) for accommodating the control room with radio communication and two telephone lines which are accessible throughout day and night;

(iv)    have minimum ten radio taxies of following profile

(a)      every vehicle should be brand new at the time of induction;

(b)      the vehicle should be driven on clean fuel i.e. Compressed Natural Gas/Liquefied Petroleum Gas (CNG/LFG);

Provided that at the places where such fuel is not available such taxi shall be permitted to ply on available fuel;

(c)      the vehicle should be of engine capacity of 999CC or above, Jeep type vehicle like Gypsy etc. is prohibited;

(d)      the vehicle must be equipped with temperature control devices such as air conditioning, heating and maintained in proper working order at all times;

(e)      the vehicle should be fitted with electronic fare metres on the front panel (dashboard) and maintained in a proper working order;

(f)       on the roof of the vehicle there should be a Light Emitting Diode/Liquid Crystal Display board, to display that the vehicle is a radio taxi. The dimensions of the LED/LCD display panel must conform to the norms prescribed by the STA;

(g)      the vehicle is allowed to carry advertisement in such a manner so that it will not disturb any one using the road and are only visible to the people standing on the road side. This permission will be granted by ensuring that road safety is not being compromised in any way;

(h)      the vehicle should meet emission standards as prescribed from time to time;

(i)       the vehicle must be fitted with Global Positioning System/General Pocket Radio Switching based tracking devices which must be in constant communication with central control unit while the vehicle is on duty;

(j)       the vehicle must be equipped with a mobile radio fitted in the front panel for communication between driver and the main control room of the operator;

(k)      the vehicle must be equipped with the first aid box containing material as specified in these rules;

(l)       the vehicle should be replaced on completion of 9 years with a brand new vehicle meeting the prevailing emission standard;

(m)    photograph of driver along with operator, particulars of driver and details of the operator will have to be displayed on the dashboard of the vehicle;

(n)      the radio taxi shall remain in transparent colour with different colour strip, of one foot on both of the panels of the car for differentiating each operator;

(o)      transport help line number should be prominently displayed inside and outside of radio taxies necessarily;

and shall undertake to employ the drivers in radio taxies of following profile

(a)      the drivers must possess a valid driving license for heavy or light vehicle, as the case may be, for a period of not less than three years preceding the date on which they are employed to drive the radio taxies under these rules;

(b)      the drivers must have passed Class X examination or equivalent from a recognised institution;

(c)      the drivers shall be required to successfully pass a special driving test as and when devised/prescribed by the STA;

(d)      the drivers must at all times be in uniform as per these rules or dress as approved by the STA;

(e)      the drivers must be of good behaviour and good character without any criminal record;

(f)       the drivers must be totally reliable and trustworthy who are employed only after police verification.

Rule 124C. Area of operation.

If the permit is issued to a radio taxi, it will be permitted to operate under the permit within the territorial limit of any Municipal Corporation and shall also be valid for the journey extended beyond the municipal limit if demanded by the passenger for any visiting place situated within the State.

Explanation For the purposes of this rule, the Municipal Corporation means a Municipal Corporation under the Uttar Pradesh Municipal Corporation Act, 1959 (U.P. Act No. 2 of 1959).

Rule 124D. Application for grant or renewal of permit.

(1)     An application for grant or renewal of a permit under the Act and these rules shall be made vehicle-wise in Form SR 43-B to the STA for operation within the territorial limit of a Municipal Corporation and shall be accompanied by a fee as prescribed by the Slate Government from time to time. If an operator is not in possession of the vehicles at the time of application, he may request to the STA for issuance of letter of intent in the same application format for. purchasing the vehicles.

(2)     The STA shall normally dispose of the applications for grant or renewal of permit under these rules within thirty days from the date of receipt thereof.

Rule 124E. Procedure for issue and renewal of permit.

(1)     The STA may, on receipt of an application under Rule 124-D and after satisfying himself that the applicant has complied with the requirement of Rule 124-E, issue a letter of intent in Form SR 43- C in favour of the applicant for purchase of a minimum ten vehicles of the prescribed category as per induction schedule finalised by the STA under Rule 124-H. Under the induction schedule, this fleet may be achieved by the applicant within four month from the date of issue of letter of intent. However, temporary permits can be granted vehicle wise presenting at least five vehicles to start the operation.

(2)     Temporary permits, on having at least five vehicles, shall be granted to operator for four months so as to establish a control room fully equipped with a radio network and GPS/GPRS tracking system within a period of four months from the date of issue of letter of intent.

(3)     In the event that operator fails to fulfil these conditions in four months, an application giving reasons for delay and accompanied with a penalty of Rupees five thousand to be paid through demand draft drawn in favour of Transport Commissioner Government of Uttar Pradesh, shall be presented before the STA. After being satisfied from the cause explained. The STA may grant further two months time to establish the infrastructure.

(4)     Vehicle-wise temporary permits shall be issued to the operator unless and until he procures at least ten vehicles as per induction schedule approved by the STA under Rule 124-H. On compliance of all conditions prescribed in the letter of intent, vehicle-wise permit valid for a period of five years shall be issued by the STA in Form SR43-D.

(5)     in the event that operator fails to comply with the stipulations as described in preceding items within the prescribed period, his temporary permits shall automatically stand cancelled and the performance guarantee of Rupees Two lakh shall be forfeited.

(6)     The permit initially granted for a period of five years shall be renewable for a further period of five years subject to the satisfactory performance of the operator as per terms and conditions and any vehicle-wise other condition prescribed by STA. The applicant may submit the applications vehicle-wise in Form SR43-B for renewal of permits after completion of four years but not less three months before the expiry, of the permits accompanied a renewed/fresh performance guarantee of Rupees Two lakh or as the case may be, of such extended amount as may be fixed by the STA in view of rate of increase in the cast of radio taxies and expenses of operation thereof.

(7)     On receipt of the applications for renewal of permits, an inspection of the business premises of the operator shall be carried out and performance of the operator shall be evaluated as per the terms and conditions of these rules. The STA shall keep in view the complaints received against the operator at the time of granting renewal of the permits. After satisfying himself that the operator has performed the services as per requirements of these rules, STA shall grant the renewals in Form SR43-D.

Rule 124F. Special conditions to be adhered by the operator.

(1)     An operator or a permit holder shall

(a)      not shift the main place of the business mentioned in the permit without prior approval in writing of the STA;

(b)      keep the premises and all the records and registers maintained by him and radio taxies open for inspection at all reasonable time by any person not below the rank of Senior Motor Vehicle Inspector or Taxation Officer authorised by the STA;

(c)      submit from time to time to the STA, such information and return as may be called for by it;

(d)      maintain in their radio taxies, at his main office of business and other offices, at a conspicuous place a "complaint book" in Form SR43-E with serially numbered pages in triplicate. The operator shall dispatch the duplicate copy of the complaint, if any, to the STA by registered post expeditiously and in any case not later than three days; and (e) maintain the suggestion book in the main and branch office and forward suggestion received with comments, if any, to the STA once a month. (2) The permit shall not be transferred to any one by the operator without prior written permission of the STA.

Rule 124G. Fare and detention charges.

Fare, detention charges and other charges shall be fixed by notification in the Official Gazette from time to time.

Rule 124H. Induction Schedule.

(1)     An applicant must submit an induction Schedule in respect of not less than ten vehicles at the time of making an initial application for issue of letter of intent. The STA may approve the Schedule mentioning primarily to present at least 5 vehicles as first lot within a reasonable time from the date of issue of letter of intent, and for further Schedule with or without modifications or may require the applicant to submit a modified induction Schedule prior to issue of letter of intent.

(2)     The operator shall submit a compliance report of each stage of the approved Schedule to the STA.

(3)     If the operator fails to induct radio taxies as per approved schedule,, performance guarantee may be forfeited and Temporary permit may be cancelled by the STA.

Rule 124I. Power of STA to suspend or cancel the permits.

(1)     The STA, on being satisfied after giving the operator an opportunity of being heard, is of the opinion that

(a)      he has failed to comply with any of the terms and conditions the provisions of these rules or the conditions of the permit; or

(b)      he has failed to maintain the radio taxi in compliance with the provisions of the Act and these rules; or

(c)      any one of his employees is guilty of misbehaviour with customers; or

(d)      any complaint against the permit by any person has been proved shall suspend the permit for specified period of cancel it.

(2)     Where the permit is liable to be suspended or cancelled and the STA is of the opinion that having regard to the circumstance of the case, it would not be necessary or expedient to suspend or cancel the permit, if the operator agrees to pay the sum of money that may be imposed by the STA, then not withstanding anything to the contrary contained in sub-rule (1) the STA may instead of suspending or cancelling the permit, as the case may be, recover from the operator, the sum of money agreed upon.

(3)     When the permit is suspended or cancelled under sub-rule (1), the operator shall surrender the permit to the STA.

Rule 124J. Appeal.

Any person aggrieved by any order of the STA under Rule 124-E or Rule 124-I, may, within thirty days of the receipt of the order, appeal to the State Transport Appellate Tribunal.

Rule 124K. Procedure for appeal.

(1)     An appeal under Rule 124-J shall be preferred in duplicate in the form of a memorandum setting forth the grounds of objection to the order of the STA and shall be accompanied by fee as may be specified by the Government from time to time.

(2)     The State Transport Appellate Tribunal may after giving an opportunity to the parties to be heard and after such enquiry as it may deem fit, pass appropriate orders.

Rule 124L. General conditions attaching to all radio taxi permits.

(1)     The conditions of every such permit shall be as follows

(i)       Working hours of drivers is to be limited in accordance to the Transport Workers Act, 1961.

(ii)      Radio taxi will be available to the general public in three ways:

(a)      on call by dialing the concerned telephone numbers,

(b)      by hiring the taxi from the designated location,

(c)      by stopping the taxi on the road.

(iii)     If the radio taxi operator uses or causes or allows a vehicle to be used in any manner not authorised by the permit or provisions of these rules, the operator/driver shall be jointly and severally responsible for any offence or crime which has been committed by person using the said vehicle.

(iv)    An operator may at any time surrender the permit issued to him by the STA and, on such surrender, the STA shall cancel the permit.

The operator shall clear all dues before surrendering the permit and seeking release of bank guarantee.

(2)     The State Government shall have power to change any or all of the terms and conditions mentioned in sub-rule (1) in public interest.]

Rule 125. Fees.

[33][The fees which shall be charged under the provisions of this Chapter shall be as specified in the table below;

[34][TABLE

CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS

Particulars to be contained in the proposal

Rule 126. Form of the Scheme.

Every proposal regarding a scheme prepared under Section 99 shall, as far as possible, be published by the State Government in Form SR-44.

Rule 127. Manner of filing objections.

(1)     Objections under sub-section (1) of Section 100 shall be filed in the form of a memorandum, in triplicate, setting forth concisely the grounds of objections to the proposal.

(2)     The memorandum of objections shall be addressed to the Secretary, Transport Department, Uttar Pradesh Shasan, Lucknow.

(3)     The memorandum of objections shall also contain the following Informations:

(a)      full name and address of the objector on whom services of notices and orders under these rules are to be made;

(b)      whether are not such person is a holder of a permit issued under the provisions of the Act;

(c)      the particulars of the route or routes or the area or areas specified in such permit or permits;

(d)      whether the objector wants to be heard in support of his objection, if so, whether he will appear in person or through his representative.

(4)     An objector, if he so desires, may also submit evidence to support his objections in the form of affidavit along with the memorandum of the objection.

Rule 128. Manner of consideration and disposal of objections.

(1)     The objections so received shall be considered and disposed of by such officer of the State Government as may be authorised in this behalf by the Governor under clause (1) of Article 154 of the Constitution or under rules made by him in pursuance of clause (3) of Article 166 of the Constitution.

(2)     Such officer shall issue notices to the objectors who desire to be heard and the Stale Transport Undertaking calling upon them to appear before him in person or through a duly authorised agent or counsel and shall fix the date, Lime and place for hearing of the objections and the submissions of the State Transport Undertaking.

(3)     The notice under sub-rule (2) shall be served by

(i)       publishing at least ten days before the date fixed for hearing a general notice in not less than one newspaper in regional language circulating in the area or route proposed to be covered by such proposal, giving the date, time and place fixed for the hearing, and

(ii)      sending notice by post under certificate of posting, to the objector at the address as shown in the memorandum of objections and to the State Transport Undertaking:

Provided that where a general notice has been published as aforesaid the service thereof shall, notwithstanding anything contained in clause (ii), be deemed to have been duly effected on the objector and the State Transport Undertaking.

(4)     No objector shall be entitled to be heard unless the objections are made in accordance with the provisions of these rules.

(5)     (a) Such officer may, if sufficient cause is shown at any stage of the hearing, grant time to the parties or to any of them and may from time to time adjourn the hearing.

(b) In every case such officer shall fix the date for the further hearing of the objections and may make such orders as it thinks fit with respect to the costs occasioned by adjournment.

Provided that such officer shall dispose of the objection within the period of six months from the date of issuance of notices under sub-rule (2).

(6)     The cost of producing any evidence shall be borne by party producing the same.

(7)     After the hearing of such parties as appear, such officer shall give a decision approving or modifying the proposal as he may deem proper.

Rule 129. Publication of the approved scheme.

Subject to the provisions of the proviso to sub-section (3) of Section 100, the scheme as approved or modified by such officer shall, as far as possible, be published in the Official Gazette in Form No. SR-45 and in not less than one newspaper in regional language circulating in the area or route proposed to be covered by such approved scheme.

Rule 130. Application for issue of permit on behalf of State Transport Undertaking.

(1)     Stale Transport Undertaking or an officer duly authorised by it in this behalf may apply in Form SR-46 along with a fee of rupees two hundred, if the application is made before the State Transport Authority or rupees one hundred if the application is made before the Regional Transport Authority for stage carriage permit or a goods carrier permit or a contract carriage permit in respect of notified route or notified area in pursuance of an approved scheme.

(2)     Upon receipt of an application under sub-rule (1), the State Transport Authority or the Regional Transport Authority, as the case may be, shall issue a permit to the State Transport Undertaking for the notified route or notified area.

(3)     Every permit issued as aforesaid shall be in Form SR-47.

(4)     In case any part of the permit is mutilated or lost, duplicate thereof shall be issued by the State Transport Authority or the Regional Transport Authority concerned, as the case may be, on payment of fee of rupees one hundred for Part 'A' or rupees forty for Part 'B'.

Rule 131. Disposal of articles found in transport vehicles.

(1)     Where any article is found in any transport vehicle operated by the State Transport Undertaking and it is not claimed by the owner or consignee thereof in the case of any perishable article within twenty-four hours and in the case of any non-perishable article within sixty days from the arrival of such vehicle at the bus station of destination, it may be sold by the State Transport Undertaking by public auction.

(2)     In the case of sale of any non-perishable article, publicity of the public auction shall be made at least ten days before the date fixed for auction by a general notice in not less than one newspaper in regional language circulating in the area in which the said bus station of destination is situate. Such general notice shall also be pasted on the notice board of such bus station at least ten days before such auction.

(3)     In the case of perishable article the State Transport Undertaking may dispose of the same at any time as the circumstances may require but before making sale of such article the date and time of public auction shall be announced on loudspeaker within the premises of the said bus station.

Rule 132. Manner of service of order.

(1)     The State Transport Authority or the Regional Transport Authority, as the case may be, shall cause a copy of every order of cancellation or modification of the terms of any permit to be published in Official Gazette.

(2)     The State Transport Authority or the Regional Transport Authority as the case may be, shall also cause to be served such order upon the permit-holder to whom it relates by sending a copy of the same by registered post or delivering it to the permit-holder in person. If such order cannot be served in the manner aforesaid, it may be served by delivering the same to any adult member of his family residing with him or by affixing it on some conspicuous place at his residence or place of business or in such other manner as the State Transport Authority or the Regional Transport Authority, as the case may be, thinks fit.

Rule 133. Issue of certified copies of proceedings, inspection.

(1)     Certified copies of the proceedings before the officer referred to in sub-rule (1) of Rule 128 including documents filed and the statements recorded, if any, at the hearing shall be issued under the signature of a Section Officer of the Transport Department of the State Government.

(2)     Subject to a minimum of rupees two and paise fifty per copy in the case of an ordinary application and rupees five per copy in the case of urgent application, the charges for giving copies shall be as follows ;

(i)       for ordinary copies fifty paise for every three hundred words or fraction thereof;

(ii)      for urgent copies rupee one for every three hundred words or fraction thereof,

(3)     The copying charges shall be payable in the form of non-judicial stamps.

(4)     An urgent copy shall, as far as practicable, be supplied within forty-eight hours of the receipt of the application thereof.

(5)     Inspection of the documents relating to the proceedings of the hearing of the objections filed under sub-section (1) of Section 100 of the Act shall be allowed on a payment of rupees ten which shall be payable in the form of court-fee stamps.

(6)     Inspection will be allowed only to the objector concerned or to his duly authorised agent as also the State Transport Undertaking.

CHAPTER VII CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF VEHICLES

Rule 134. General.

Every public service vehicle, and all parts thereof including paint-work or varnish, doors, windows, seats, roofs, springs, wheels, cushions lining panels and all furnitures and apartments shall be maintained in a clean and sound condition, and the engine mechanism and all working parts in reliable working order.

Rule 135. Stability.

(1)     The stability of a double-decked public service vehicle shall be such that when loaded with weight of 60 kilograms per person placed in the correct relative positions to represent the driver and conductor (if carried) and a full complement of passengers on the upper deck only, if the surface on which the vehicle stands were titled to either side to an angle of 28 degrees from the horizontal point at which overturning occurs would not be reached.

(2)     The stability of a single-decked public service vehicle or single-decked trolly bus, other than a motor-cab, shall be such that under any condition of load, at an allowance of 65 kilograms per passenger and his personal luggage, for which the vehicle is registered, if the surface on which the vehicle stands tilled to either side to an angle of 35 degrees from the horizontal point at which overturning occurs would not be reached.

(3)     For the purpose of conducting test of stability the height of any stop, used to prevent a wheel of the vehicle from slipping sideways, shall not be greater than two-thirds of the distance between the surface upon which the vehicle stands before it is tilted, and that part of the rim or that wheel which is then nearest to such surface when the wheel is loaded in accordance with the requirements of this rule.

Rule 136. Seating room.

[35][(1) In every public service vehicle other than a motor cab, Maxi cab and tourist vehicle, there shall be provided for each passenger reasonably comfortable cushioned seat of not less than 38 x 38 centimetres measured on straight lines along at right angle to the front of each seat, and

(i)       When the seats are placed along the vehicle, the back of the seats on one side shall be at least 1.40 metres distance from the back of the seats on the other side, (ii) When seats are placed across the vehicle and are facing in the same direction there shall be everywhere a clear space of not less than 70 centimetres between the back of the seats; and

(ii)      When seats are placed across the vehicle and are facing each other, there shall be everywhere a clear space of not less than 1.30 metres between the back of facing seats. (2) The back of all seats shall be to a height of 50 centimetres above seat level.]

NOTES

The object and intention of the Rule as is clearly indicated in the Rule itself is to provide a reasonably comfortable cushioned seat to each passenger. The measurement of 38 x 38 centimetres is requirement of minimum measurement of the scat since the Rule used the words "not less than 38 x 38 centimetres". Emphasis in the Rule is that the seat should conform to the above measurement at least since seats having lesser measurement shall be uncomfortable to the passengers. Rule cannot be read as to mean that all seats in a vehicle should be of 38 x 38 centimetres, the Rule does not prohibit any vehicle to have a seat having a greater or larger measurement. If a vehicle has seats of more than 38 x 38 centimetres it cannot be said that any part of the Rule is violated. [Syed Maswood Akhtar v. State of U.P., 2012 (3) AWC 2270].

Rule 136A. Sleeper bus shall conform the following specifications.

[36][(i) The interior height of the vehicle shall have minimum of 215 millimetres (mm).

(ii)   The thickness of each sleeper berth shall not be less than 65 mm. and its cover shall be of cotton or equivalent cloth.

(iii)   The width of single upper berth shall not be less than 560 mm. and length not be less than 1750 mm. The minimum width of the divider between two berths shall be minimum 25 mm.

(iv)   There shall be an appropriate arrangement of a ladder for reaching the upper berth, which shall be fixed in such a way that the height of the first step from the floor shall not be more than 300 mm.

(v)   The width of the gangway shall not be less than 600 mm.

(vi)   The area of a seat shall not be less than 458 x 458 mm. and the thickness of cushion fixed on the seat shall not be less than 100 mm.

(vii) The arrangement of scats shall be in such a way that a sitting passenger shall be facing the front and the leg space shall not be less than 380 mm.

(viii) The minimum height of the seat from the floor shall be 380 mm. and the headroom shall not be less than 850 mm.

(ix)   The flooring material shall be sound proof, anti skid and washable. The floor shall be safe for the passengers and be covered with rubber or synthetic matting or carpets. All joints shall be dust proof by suitable packing material.

(x)   Roof of the ceiling shall be provided with soft material or equivalent materials like A.B.S. plastics to prevent impact.

(xi)   The engine compartment shall be provided with sound insulating materials so as to damper the engine noise to suitable D.B. label and with vibrating mounting so as to minimize vibration factors in the saloon compartment.

(xii) The entrance/exit door shall be on the left side of the vehicle and that shall be operated by driver/attendant. The height of the lower step of the ladder shall not be more than 350 mm. and all the steps shall be provided with non slip treads.

(xiii) A grab rail shall be fitted to entrance door to assist passengers in boarding or alighting from the Vehicle.

(xiv) There shall be arrangement of chain or guardrail with the upper berth for safety point of view.

(xv) Emergency exit door shall be provided at the rear.

(xvi)   Sleeper births and seats shall be provided with fabric cover.

(xvii)   Fire extinguisher shall be provided.

(xviii) First-aid box with necessary medicines shall be provided and it shall be checked every fortnight for its contents and the validity of medicines.

(xix)   Drinking water for the passengers shall be provided.

(xx)  Each sleeper berth and seal shall be provided with fans and bright transparent as well as blue night bulb inside the vehicle. A reading light shall be fitted in each berth at appropriate place.

(xxi)   Sliding window shall be provided for each sleeper and sitting seats separately.)

Rule 137. 

Notwithstanding anything contained in Rule 135 a registering authority may specify the conditions subject to which a limited number of standing passengers may be permitted to be carried in a vehicle.

Rule 138. Gangways.

(1)     In every compartment of every public service vehicle other than a motor cab and Maxi cab the entrance to which compartment is from the front or rear there shall be a Gangway along the vehicle, and

(i)       Where seats are placed along the sides of the vehicles there shall be as gangway a clear space of not less than 61 centimetres measured between the front of the seats;

(ii)      Where seats are placed across the vehicle there shall be as gang-way a clear space of not less than 31 centimetres between any part of adjoining seats or their supports; and

(iii)     Where the vehicle has seats not across the full width of the body with one door either in rear or in the near rear side and one seat along the full length of the side of the vehicle, there shall be as gangway with a clear space of not less than 46 centimetres measured between the seats.

(2)     Where the vehicle has seats across the full width of the body with separate doors to each seat, gangway from front to rear of the vehicle shall not be required.

Rule 139. Limit of seating capacity.

Notwithstanding anything contained in these rules no public service vehicle, other than a motor cab and Maxi cab or a tourist vehicle, shall be registered for a number of passengers in excess of that number obtained by subtracting 90 kilograms, from the difference in kilograms between the gross vehicle weight and unladen weight of the vehicle and dividing the resulting figure by 150 in the case of a single decked vehicle and 130 in the case of a double decked or for such number of passengers that, when the vehicle is loaded in normal manner the axle weight of any axle will exceed the registered axle weight for that axle.

NOTES

Rule 139 limits the seating capacity taking into consideration the gross weight of vehicle. The intention is that number of passengers should not exceed to certain calculation with regard to weight of the vehicle. [Syed Maswaod Akhtar v. State of UP. 2012 (3) AWC 2270].

Rule 140. First-aid box.

Every public service vehicle other than a motor-cab in municipal and corporation area shall carry a fully-equipped first-aid box of design approved by the State Transport Authority along with instructions for the use of the first-aid materials issued by the said authority.

Rule 141. Communication with driver.

Every motor vehicle for the use of passengers in which the driver's seat is separated from any passenger's compartment by a fixed partition which is not capable of being readily opened, shall be furnished with efficient means to enable the passengers in such compartment and the conductor, if any to signal to the driver to stop the vehicle.

Rule 142. Internal lighting.

Every public service vehicle other than a motor-cab or a tourist vehicle having a permanent roof, shall be furnished with one or more electric lights adequate to give reasonable illumination through the passengers compartment or compartments including the bending, but such light or lights should be of such power or so screened as not to impair the forward vision of the driver.

Rule 143. Electric lighting compulsory.

No light other than an electric light shall be fitted to any public service vehicle.

Rule 144. Spare wheel and tools.

(1)     Save as otherwise specified by the Regional Transport Authority in respect of municipal or cantonment areas, every public service vehicle shall at all times be equipped with not less than one spare wheel or rim fitted with a pneumatic tyre in good and sound condition ready, inflated and mounted, in such a way that it can be readily dismounted and fitted to the vehicle in the place of any one of the road wheels.

(2)     Sub-rule (1) shall not apply to a public service vehicle during the completion of any journey during which it has been necessary to bring the spare wheel or rim and tyre into use.

(3)     Every public service vehicle shall at all times be furnished with efficient jack, air pump and other tools necessary to change a wheel or rim and tyre and with the equipment necessary to repair a puncture, one spare bulb for the headlamp, one for the tail-lamp and one extra inner tube in serviceable condition for the tyres.

(4)     Where the front wheels of a public service vehicle differ in size from the rear wheels two separate inflated tyres in good condition on rims or wheels shall be carried, one of the size of the front wheels and the other of the size of the rear wheels,

(5)     Wherever, owing to the nature of the route, the Regional Transport Authority so directs, additional spare inflated tyres on wheels or rims shall be carried.

Rule 145. Fuel tanks.

(1)     No fuel tank shall be placed in any public service vehicle within sixty centimetres of any entrance or exit of a single-decked vehicle or lower deck of a double-decked vehicle.

(2)     The fuel tank of every public service vehicle shall be so placed that no overflow therefrom shall fall upon any woodwork or accumulate where it can be readily ignited. The "off" position of the means of operation shall be clearly marked on the outside of the vehicle. The filling points of all fuel tanks shall be outside the body of the vehicle, and the filler caps shall be so designed and constructed that they can be securely fixed in position.

Rule 146. Carburettors.

In every public service vehicle any carburettor and apparatus associated therewith shall be so placed and shielded that no fuel leaking therefrom shall fall upon any part of fitting that is capable of igniting it or into any receptacle where it might accumulate.

Rule 147. Excessive heat.

Effective means shall be adopted for preventing the heal of the motor generator or exhaust-pipe and its connections from injuriously affecting any part of the vehicle or causing discomfort to the passengers.

Rule 148. Inflammable fitting.

No celluloid or other highly-inflammable material shall be used inside or outside any public service vehicle, except in electric batteries and accumulators.

Rule 149. Electric wires.

All electric wires or leads shall be adequately insulated.

Rule 150. Fire extinguishers.

Every public service vehicle other than a motor-cab shall be equipped with one or more fire extinguishers of such types and capacity, as may be specified by the State Transport Authority and such fire extinguishers shall at all times be maintained in working condition.

Rule 151. Mudguards.

Every motor vehicle except a tractor-trailer shall, unless adequate protection is afforded by the body of a motor vehicle, be provided with mudguards or other similar fittings to catch so far as practicable mud or water tin-own up by rotation of the wheels.

Rule 152. Headroom.

Every public service vehicle other than a motor cab, and Maxi cab shall have the following internal height or headroom measured along the centre of the vehicle from the top of the floor boards or battens to the underside of the roof supports

(i)       in the case of the single decked vehicle not less than 1.75 metres and not more than 2,00 metres; or

(ii)      in the case of double decked vehicle, the registering authority concerned will decide the headroom: Provided that the registering authority may vary the above measurements in respect of any public service vehicle plying solely in any special municipal or cantonment area and the environs thereof.

Rule 153. Driver's seat.

(1)     On every public service vehicle space shall be reserved for the driver's seat such as to allow him to have full and unimpeded control of the vehicle and in particular

(i)       the part of the seat against which the driver's back rests shall not be less than 35 centimetres from the nearest point of the steering- wheel;

(ii)      the width across the vehicle shall not be less than 70 centimetres and shall extend to the left of the centre of the steering-column in no case less than 25 centimetres so that a line drawn parallel to the axis of the vehicle through the centre of any gear lever, brake lever or other device to which the driver has to have frequent access lies not less than 6.5 centimetres inside width reserved for the driver's seat; and

(iii)     in the case of a public service vehicle, other than a motor-cab or a tourist vehicle the space reserved in accordance with clause (ii) above shall at the left-hand end be enclosed with a tight wooden or other suitable partition to a height not less than 31 centimetres above the seat, and forward of the seat, above the floor of the vehicle:

Provided that any authority empowered in this behalf by the State Government may order relaxation of the provisions of this sub-rule.

(2)     Arm rests for the driver not more than 10 centimetres wide may be provided within the space specified in clause (ii) of sub-rule (a).

(3)     No public service vehicle shall be so constructed that any person may sit or any luggage may be carried on the right-hand side of the driver.

(4)     Every public service vehicle shall be so constructed that, save for the front pillar of the body, the driver shall have a clear vision both to the front and through an angle of 90 degrees to his right-hand side. The from pillar of the body shall be so constructed as to obstruct the vision of the driver to the least possible extent.

Rule 154. Width of doors.

[37][Every entrance and exit of a public service vehicle other than a motor cab and Maxi cab or a tourist vehicle, shall be at least 55 centimetres in width and of sufficient height.]

Rule 155. Grab-rail.

A grab-rail shall be fitted to every entrance or exit, other than an emergency exit of a public service vehicle and other than a motor-cab or a tourist vehicle, to assist passengers in boarding or alighting from the vehicle.

Rule 156. Steps.

[38][(a) In every public service vehicle, other than a motor cab, maxi cab or a tourist vehicle, the top of tread of the lowest step for any entrance or exit, other than emergency exit, shall not be more than 45 centimetres or less than 25 centimetres above the ground when the vehicle is empty. All steps shall be fitted with non slip treads. Fixed steps shall not be less than 25 centimetres wide and shall in no case project laterally beyond body of the vehicle unless they are so protected by the front wings (or otherwise) that they are not liable to injure pedestrians.

(b)   In the case of a double decked vehicle

(i)       The risers of all steps leading from the lower to the upper deck shall be closed, and no unguarded, aperture shall be left at the top landing board;

(ii)      all steps leading from the lower to the upper deck shall be fitted with non slip treads;

(iii)     The horizontal distance from the nearest point of the riser of top step to the vertical line passing through the nearest point of the seat opposite to the top tread of the staircase excluding any grab nail which does not project more than 8 centimetres from the back of the seat, shall not be less than 65 centimetres;

(iv)    The outer stringer of an outside staircase shall be so constructed or a band shall be so placed, as to act as a screen to persons ascending or descending and the height of the outer to guard rail shall not be less than 1.0 metre above the front of the tread of each step.]

Rule 157. Carriage of luggage.

Every public service vehicle shall be provided with adequate means for the conveyance of a reasonable amount of luggage and with sufficient number of chains, straps or other means of securing such luggage. No luggage shall be carried on the roof of the vehicle unless there has been affixed thereto a guard-rail of a type approved by the registering authority and a suitable waterproof covering is provided to protect the luggage in wet weather. The covering shall be securely fastened so as to prevent flapping.

Rule 158. Cushions.

Where the seats of a public service vehicle are provided with fixed or movable cushions, the cushions shall be stuffed with suitable material and covered with leather or cloth of good quality or other suitable material capable of being kept in clean and sanitary condition.

Rule 159. Body dimensions and guard-rails.

(1)     Every public service vehicle, other than a motor-cab or a tourist vehicle, shall be so constructed that its body dimensions and guard-rails conform to the following specifications ;

(i)       in the case of single-decked vehicle with an enclosed body

(a)      the height of the body sides from the floor or the height to the sills of the windows, as the case may be, shall not be less than 70 centimetres;

(b)      if the height of the sides of the body or the sills of the windows, as the case may be, above the highest part of any seat, is less than 45 centimetres provision is made by means of guard-rails or otherwise to prevent the arms of seated passengers being thrust through and being injured by passing vehicles or the extent to which the side windows or Venetians can be lowered is such that when lowered their top edge is not less than 45 centimetres above the highest part of any seat;

(ii)      in the case of a single-decked vehicle with open sides, guard-rails shall be provided along the right-hand side of the vehicle to prevent any person other than the driver from mounting or alighting from the vehicle on that side;

(iii)     in the case of a double-decked vehicle with an uncovered top deck, the top deck shall be provided with side and end rails the top of which shall be at least 90 centimetres above the deck boards or battens at the sides and 46 centimetres above the highest part of any seat and the top of the front and back rails shall be at least 1.00 metre above the deck boards or battens and shall follow the chamber of the deck.

(2)     For the purpose of this rule the seat-back shall not be deemed to be a part of the seat.

Rule 160. Protection of passengers from weather.

(1)     Every public service vehicle shall be either constructed with a fixed and watertight roof or equipped with a watertight hood that may be raised or lowered as required.

(2)     Save in the case of the uncovered top deck of a double-decked vehicle, every public service vehicle shall have suitable windows, Venetians of screens capable at all times of protecting the passengers from the weather without preventing adequate ventilation of the vehicle. When the screens are made of fabrics the whole of them shall at all times be fastened securely to the vehicle.

(3)     When glass windows or Venetians are used, they must be provided with effective means to prevent their rattling.

Rule 161. Floor-boards.

(1)     The floor-boards of every public service vehicle shall be strong and closely fitted so as to exclude as far as possible draughts and dust.

(2)     The floor-boards may be pierced for the purpose of drainage but for no other purpose.

Rule 162. Fainting of Motor Vehicles.

[39][(1) Subject to Rule 110 and sub-rule (2) a motor vehicle of four-wheel drive such as jeep and command cars which originally belonged to the military shall be painted in any of the following colours:

(a)      White;

(b)      Black;

(c)  Green;

(2)   Every motor-cab permitted to ply exclusively within city area, shall be painted in black colour with a yellow hood and no other motor cab shall be painted in this colour combination:

Provided that colour or colour combination for CNG operated three wheeled vehicles shall be such as may be decided by the State Transport Authority or the concerned Regional Transport Authorities, as the case may be;

Provided further that this sub-rule shall not apply to the motor cabs specified in Rule 85-A of the Central Motor Vehicles Rules, 1989.

(3)   Contract Carriage, other than those specified in sub-rule (2) shall be painted in any colour other than maroon or black or red colour with a maroon fluorescent horizontal ribbon of five centimetres and with at centre of the exterior of the body of such vehicles and the words "Contract Carriage" shall be mentioned on two sides of the "contract carriage" within a circle of sixty centimetres diametre in case of other than motor cab and within a circle of twenty-five centimetres diametre in case of motor cab.

(4)   No motor vehicle other than military motor vehicle shall be used at any public place unless it is painted in any colour different from those usually used for military motor vehicles.]

Rule 163. Sounds signals Restriction on use of.

(1)     No driver of a motor vehicle shall sound the horn or other device for giving audible warning with which the motor vehicle is equipped or shall cause or allow any other person to do so, needlessly or continuously or to an extent beyond that which is reasonably necessary to ensure safety

(2)     The District Magistrate may, by notification in one or more newspapers in the said city or district, as the case may be, and by erection in suitable places of mandatory sign No. M-18, as set forth in Part 'A' of the First Schedule to the Act, prohibit the use by drivers of motor vehicles of any horn, gong or other device for giving audible warning in any area within the city or district and during such hours as may be specified in the notification:

Provided that when the District Magistrate prohibits the use of any horn gong or other device for giving audible warning during certain specified hours, he shall cause a suitable notice, in English and in the script of the city or district setting forth the hours within which such use is so prohibited, to be affixed below the traffic sign.

Rule 164. Dangerous projections.

(1)     No mascot or other similar fitting or device shall be carried by any motor vehicle registered under the Act, in any position where it is likely to strike any person with whom the vehicle may collide unless the mascot is unlikely to cause injury to any person by reason of any projection thereon.

(2)     No motor vehicle shall be permitted to be used which is so constructed that any axle hub or hub-cap projects laterally more than 10 centimetres beyond the rim of the wheel to which it is attached, unless the hub or hub-cap is adequately guarded either by the body or wing of the vehicle or a separate guard.

Rule 165. Construction and equipment of auto-rickshaws.

(1)     Notwithstanding anything contained in these rules auto-rickshaw shall be constructed and equipped in accordance with the following provisions:

(a)      Every auto-rickshaw body on a scooter shall be built on the latest model vehicle or on such vehicle as has been registered not more than 4 years back.

(b)      Type of body and material,

(i)       The body of every auto-rickshaw shall be either of a station-wagon or a box-type or hackney-carriage type as approved by the State Transport Authority soundly constructed for the satisfaction of the registering authority and shall be securely fastened to the frame of the vehicle. The material used in the construction shall be strong and of good quality.

(ii)      The roof shall be so constructed as to provide protection to passengers from sun and rain and shall be either of metal sheeting or canvas or some other suitable material.

(iii)     In every auto-rickshaw the right side should either be blocked by a fixed door up to waist level of the passenger in sitting position or provided with two metal rods one below the other leaving in between a gap of 15 centimetres so that the lower one should be at the level of the hip of the passenger and that both the rods should be welded to the frame at both the ends.

(c)      Overhang.

The overhang of the body shall not exceed forty-one per cent of the distance between the plane perpendicular to the axis of the auto-rickshaw which passes through the centre of the front wheel and the centre of the rear axle.

(d)      Overall width.

The overall width measured at right angles to the axis of the planes enclosing the extreme points shall be not more than 1.42 metres and not less than 1.36 metres.

(e)      Overall height.

The overall height measured from the surface on which auto-rickshaw stands shall not exceed 1.83 metres; and there shall be at least 1.22 metres clear head-space between floorboard and the roof.

(f)       Road clearance.

The road clearance of every auto-rickshaw shall be not more than 20.5 centimetres and not less than 10.2 centimetres.

(g)      Clearance of floor-board.

The floor-board shall be not more than 56 centimetres above the surface on which the auto-rickshaw stands.

(h)     Light.

Every auto-rickshaw shall be fitted with one head and two side transparent lights or two headlights on the body in the front in addition to the front lights and auto-rickshaw shall be fitted with rear lamp showing to the rear a red light visible from a distance of 152,40 metres and illuminating with transparent light the registration mark exhibited on the rear of the vehicle so as to render it legible from a distance of 15.24 metres and also 2 cat's eye reflectors on the rear mudguards so as to warn the vehicular traffic approaching from behind that there is an auto-rickshaw ahead. If no mudguards are used, cat's eye reflectors in the rear will be optional.

(i)       Driver's seat.

The back of the driver's seat should have at least 10 centimetres of clearance from the front panel of the body. A windscreen shall be provided for the driver.

(j)       Seat.

(i)       There shall be provided a single seat not more than 1.15 metres and not less than 91.5 centimetres in length. The depth of the seat shall not be less than 40.5 centimetres.

(ii)      The back of the seat shall be slanting and closed to a height of at least 48 centimetres above the level of the seat.

(iii)     The seats shall be provided with fixed or movable cushions. The cushions shall be covered with leather cloth of good quality or other material of such kind that they are capable of being kept in clean and sanitary condition.

(iv)    The height of the seat from the floor shall be not less than 35.6 centimetres including cushions.

(k)      Leg space.

In three passengers auto-rickshaws, there shall be provided at least 38 centimetres leg space.

(l)       Horn.

Every auto-rickshaw shall be fitted with a bulb horn.

Rule 165A. Specifications of Maxi Cab authorized to ply as stage carriage.

[40][The specification of Maxi Cab authorized to ply as stage carriage shall be such as are prescribed by the Transport Commissioner, Uttar Pradesh keeping in view passenger safety comfort and convenience.]

Rule 166. Speed.

No person shall drive an auto-rickshaw or cause or allow an auto-rickshaw having three seats excluding driver's seat to be driven in any public place at a speed exceeding 40 kilometres per hour.

Rule 166A. Taxi Meters.

[41][(1) A taximeter shall be duly approved, tested and sealed by the Controller, Weights and Measurements, Government of Uttar Pradesh or an Inspector (Weights and Measurements) duly authorized by the Controller, Weights and Measures, Government of Uttar Pradesh.

(2)   A permit holder who is required to fit a taximeter shall produce the vehicle under sub-rule (1) fitted with taximeter approved tested and sealed as per provisions of Standards of Weights and Measures Act, 1976, Standards of Weights and Measures (General) Rules, 1987 and Standards of Weights and Measures (Enforcement) Act, 1985 and/or other relevant Acts/Rules,

(3)   A permit holder shall furnish a certificate issued by the Inspector of Weight and Measures, Government of Uttar Pradesh to the effect that the taximeter has been verified for the purpose of sub-rule (2).

(4)   No person shall drive or cause or permit to be driven any motor cab fitted with taximeter, if the taximeter is not attached to the vehicle and sealed or if he knows or has reasons to believe that it is not accurate or is not in proper working order.

(5)   No taximeter, which is in any way defective shall be fitted to any motor cab and no motor cab which is in any way fitted with a defective taximeter shall be plied in any public place.

(6)   Upon service of a notice of by an Inspector of Weights and Measures, the owner of any motor cab prohibiting the use of the taximeter shall at once remove taximeter from his motor cab immediately withdraw from the service unless its defects are removed and verified by the Inspector.

(7)   The driver of every motor cab fitted with a taximeter shall not set it in motion before it is hired and shall immediately stop when the hirer has noted the reading and fare charges are paid.

(8)   A motor cab shall be considered to be hired from the time it has been engaged or if called from a distance, from the point of such call.

(9)   If the driver of any motor cab fitted with a taximeter which is hired by any person is unable to proceed owing to any defect in the mechanism of the meter thereof he shall at once lower the flag to "stopped" or "breakdown" and shall not restart his meter until such time as the defect is removed,

(10) No driver shall cover or obscure the face of a taximeter under any circumstances or at any time.

(11) No driver shall without reasonable excuse refuse to let the cab for hire when the flag is in a vertical position.

(12) Method of calculating hire etc.

(a)      every mechanical or electronic digital meter shall be so constructed as

(i)       to indicate upon the dial in suitable slots or on a suitable digital display consisting of Light Emitting Diodes (LEDs) as the case may be, the amount of fare calculated by time or by distance in kilometres; and

(ii)      to have a flag showing by its position or to have window with illuminated words showing whether or not the meter is in action (is. "Hired" or "For Hire" or "Stopped");

(b)      information to be given in slots of a mechanical meter or on digital display of an electronic digital meter. The nature of the information given in each slot of a mechanical meter, or a digital display of an electronic meter, shall be indicated by suitable working immediately above or below the slot or digital display as the case may be. The words or signs denoting rupee or rupees and paise shall be placed immediately above, below, or beside the appropriate disc or drum positions;

(c)      if it is an electronic digital meter, it shall be provided with two switches "Meter Switch" and "Stop Switch" for operating the meter and shall also be provided with a "Roof Light" synchronized with the operation of the meter;

(d)      the mechanism of an electronic digital meter shall be so designed that

(i)       the "For Hire" window is illuminated when the Roof Light is "On";

(ii)      the "Hired" window is illuminated and the Roof Light is turned "Off" when the meter switch is pressed "On";

(iii)     the "Stopped" window is illuminated when the "Stopped Switch" is pressed "On";

(iv)    it shall not be possible to set the meter in any position other than the three positions mentioned in clause (i) to (iii) above;

(v)      the fare by time ceases to be recorded when the meter is in the "Stopped" position;

(vi)    the fare by distance is recorded off the meter if the motor cab is driven with the meter ' "Stopped" position;

(vii)   the fare recorded is not obscured when the meter is in the "Hired" or "Stopped" position;

(viii)  when the "meter switch" is turned off, the "For Hire" window is illuminated, the "Roof light" is turned on and the previous record of fare is cleared and the various mechanisms of the meter are brought back to the initial positions;

(ix)    the mechanism for recording time and distance cannot be engaged or disengaged except by the normal sequence of operation of the switched referred to in clauses (i) to (viii);

(e)      in case of mechanical meter, the mechanism driving wheels of the chasis gear box attached to the cab.]

Rule 167. Inspection of motor vehicles.

(1)     Notwithstanding the renewal of registration of motor vehicles, other than the transport vehicle, if the registering authority has reason to believe that owing to the mechanical defects, any such vehicle is in such condition that its use in a public place constitutes a danger to the public, or that it fails to comply with the requirements of Chapter VII of the Act or of the rules made thereunder, he may cause such vehicle to be inspected by an officer authorised by him and after giving the owner opportunity of making any representation as required under sub-section (1) of Section 53, suspend the certificate of registration of the vehicle under the said section till such time as the vehicle is produced for inspection duly repaired.

(2)     A fee for every such inspection shall be as prescribed at serial "4" of Rule 81 of the Central Rules and the same shall accompany the application referred to in sub-section (8) of Section 41 of the Act.

(3)     Such fee shall be payable in advance and shall not be refunded.

Rule 168. Mirror.

Every motor vehicle other than transport vehicle or a motorcycle having not more than two wheels and to which a side-car is not attached, shall be fitted, either internally or externally and every transport vehicle shall be fitted externally with a mirror so placed that the driver shall be able to have a clear and distinct vision of vehicles approaching from the rear.

Rule 169. Trailers prohibited with motor-cycles and invalid carriages.

(1)     A motor-cycle with not more than two wheels with or without side-car shall not draw a trailer.

(2)     No invalid carriage shall draw a trailer.

Rule 170. Prohibition of attachment of trailer to certain vehicles.

(1)     No motor vehicle shall be driven in any place with more than three trailers attached to it.

(2)     The State Transport Authority may, by general or special resolution containing reasons therefor and subject to such conditions, as may be specified therein, prohibit or restrict the attachment of trailers or any particular type of trailers generally on any specified route or area, to any motor vehicle or class of motor vehicles.

(3)     No motor vehicle, which exceeds 7.95 metres in length, shall draw a trailer:

Provided that this rule shall not apply to any disabled motor vehicle being towed in consequence of disablement.

(4)     No motor vehicle or train made of a motor vehicle with one or more trailers attached shall be driven in any public place if such motor vehicle or train exceeds 22.85 metres in length.

(5)     No trailer shall be attached to or drawn by any motor vehicle in any public place if the laden weight of the trailers exceeds the limits given below:

(i)       Trailers fitted with pneumatic tyres on all wheels: 8,982 kilograms.

(ii)      Trailers fitted with other than pneumatic tyres on all wheels: 3,982 kilograms.

Rule 171. Trailers fitted with tractors.

No tractor shall draw on a public road, a trailer exceeding half a ton in weight unladen and fitted with solid steel wheels less than 60 centimetres in diametre.

Rule 172. Locally manufactured trailers: Specification and design of.

(1)     No trailer manufactured in India and intended to be used as a transport vehicle shall be registered unless its design has been approved by the Transport Commissioner in accordance with the provisions of the following sub-rules;

Provided that where the Transport Commissioner has specified standard designs for such trailers under sub-rule (4) it would not be necessary to obtain such approval, if the trailer has been manufactured according to any of these standard designs.

(2)     (a) The application for the approval of the design of a trailer, not manufactured according to any of the standard designs laid down in sub-rule (4), shall be made to the Transport Commissioner in triplicate. The application shall be accompanied by a fee of Rupees 500 in cash (which shall not be refundable) and three copies of the following documents, namely:

(i)       full specification,

(ii)      drawing giving all dimensions and details, and

(iii)     set of design calculations of: axles, springs, long bearers, cross-bearers, platform tank or anything that may be carried on the cross-bearers, two bars, turntable or any other scribing device for the front axle, in case of two axle trailers, braking arrangements, and any other items such as shock absorbers if included, chassis, etc.

(b) On receipt of the application the Transport Commissioner shall forward it, with the copies of documents enclosed thereto, to such authority as he may think proper for verification and recommendation of the maximum laden and axle weights in respect of the trailer which are compatible with reasonable safety.

(c) the authority referred to in clause (b) shall then go through the design and calculations and if the design is found satisfactory by it, certify what would be in its opinion the maximum laden and axle weights of the trailer which are compatible with reasonable safety.

(d) When design is found satisfactory by the authority, it shall return two copies of the approved design, specifications and calculations with its recommendations as to the maximum laden and axle weight, compatible with reasonable safety, to the Transport Commissioner. The Transport Commissioner may then approve the design, and forward his proposals to the State Government for the issue of a notification under sub-section (1) of Section 58 of the Act.

(e) The applicant on approval of his design, shall, if he wants to manufacture the trailer for the trade, supply the Transport Commissioner with as many extra copies of the approved type of the design, specification and calculations as may be required by him sending them to different registering authorities for their record.

(3)     The application for registration of a trailer not manufactured according to any of the standard designs published under sub-rule (4) shall be accompanied by an attested copy of the letter of Transport Commissioner by which its design has been approved by him under sub-rule (2).

(4)     The Transport Commissioner may, by notification published in the Official Gazette, lay down standard design, specifications, and calculations in respect of all or any particular type of trailer or trailers.

(5)     The registering authority may refuse to register a trailer if its design has not been approved by the Transport Commissioner under sub-rule (2) or if, in his opinion, the trailer has not been constructed in accordance with the standard specifications, drawings and designs laid down in sub-rule (4), where registering authority refuses to register any trailer under this sub-rule he shall furnish the applicant with the reasons in writing for such refusal.

(6)     Nothing in the foregoing sub-rule shall apply to a trailer, the design whereof has already been approved by a competent authority in any other State:

Provided that the concerning State provides similar facilities to the manufacturer of a design approved by the competent authority of the State of Uttar Pradesh and that the manufacturer or his authorised assembler shall send to the Transport Commissioner, in duplicate, the documents referred to in sub-rule (1) together with certificate of other evidence of approval of the design in such other State.

Rule 173. Attendants on trailers.

(1)     When a trailer is or trailers are being drawn by a motor vehicle, there shall be carried in the trailer or trailers or on the drawing motor vehicle, as the case may be, the following persons, not being less than twenty years of age and competent to discharge their duties, that is to say

(a)      if the brakes of the trailer or trailers cannot be operated by the driver of the driving motor vehicle or by some other person carried on that vehicle

(i)       one person on every trailer competent to apply the brake; and (ii) one person placed at or near the rear of the last trailer in train in such a position as to be able to have a clear view of the road in rear of the trailer, to signal to the drivers of overtaking vehicles and to communicate with the driver of the drawing motor vehicle,

(b)      if the brakes of the trailer can be operated by the driver of the drawing motor vehicle or by some other person carried on that vehicle, such other person in addition to the driver shall be carried on that vehicle and one person on the last trailer in train in accordance with the provisions of sub-clause (ii) of clause (a).

(c)      if the trailer is or trailers are being drawn by a locomotive, notwithstanding that the brakes of the trailer or trailers can be operated by the driver or some other person on the locomotive not less than one person on each trailer and not less than two persons on the last trailer in train, one of whom shall be the person required by the provisions of sub-clause (ii) of clause (a).

(2)     This rule shall not apply

(a)      to any trailer having not more than two wheels and not exceeding 770 kilograms in weight laden when used singly and not in a train with other trailers;

(b)      to the trailing half of an articulated vehicle;

(c)      to any trailer used solely for carrying water for the purposes of the drawing vehicle when used singly and not in a train with other trailers;

(d)      to any agricultural or road-making or a road-repairing or road-cleaning implement drawn by a motor vehicle; or

(e)      to any trailer specially constructed or adapted for any purpose upon which an attendant cannot safely be carried;

(f)       to any closed trailer specially constructed for any purpose and specifically exempted from any or all of the provisions of this rule by an order in writing made by the registering authority to the extent so exempted.

Rule 174. Distinguishing mark for trailers and for vehicles drawing them.

(1)     No person shall drive, or offer or cause to be driven, in any public place any motor vehicle to which a trailer is or trailers are attached unless there is exhibited on the front of the vehicle drawing the trailer or train of trailers and also on the back of the trailer of the last trailer in a train, as the case may be, distinguishing marks in the form set out in the diagram contained in the Second Schedule in transparent on a black ground.

(2)     The marks shall be kept clean and unobscured and shall be so fixed to the trailer or the drawing vehicle that

(a)      the letter on the mark is vertical and easily distinguishable from the rear of the trailer and from the front of the drawing vehicle.

(b)      the mark is either on the centre or to the right-hand side of the back of the trailer and on the centre of the front of the drawing vehicle outside the driver's cab and above the windscreen; and

(c)      in case of trailer no part thereof is at a height exceeding 1.22 metres from the ground.

(3)     This rule shall not apply to the cases referred to in clauses (a) (b) (c) (d) and (f) of sub-rule (2) of Rule 173.

Rule 175. Goods carriage; Drawing of trailer or semi-trailer by.

The holder of a goods carriage permit may use the vehicle for the drawing of any trailer or semi-trailer not owned by him, subject, to the condition that such goods carriage and the trailer or semi-trailer fulfils the requirements of these rules.

CHAPTER VIII CONTROL OF TRAFFIC

Rule 176. Competition and exhibitions.

No person shall either take part in or promote, organise, manage or bet in any public place any competition or display of motor vehicles without the previous sanction of the Chairman of the Regional Transport Authority.

Rule 177. Designation of main roads.

With reference to clause (b) of subsection (i) of Section 116 and subject to the general control of the State Transport Authority, Regional Transport Authority shall have the power to designate any road within its jurisdiction as a main road.

Rule 178. Restrictions on the use and the speed of motor vehicles.

[42][A Superintendent of Police within a Municipal Corporation, Municipality or Nagar Panchayat and a Registering Authority in other areas within their respective jurisdiction may make such orders as they think fit restricting the speed of or restricting or prohibiting the use of motor vehicles, generally or any particular class or classes of motor vehicles in any area or on any road. Such orders shall be published by notification in the official Gazette and also by means of notice boards at or near the place of road to which they apply].

Rule 179. Traffic signs: Erection of.

(1)     The District Magistrate or the registering authority may, in any public place cause signboards or notice-boards in such script as may be appropriate to be exhibited or marks to be made on the surface of the road, for the purpose of regulating motor vehicle traffic.

(2)     The signs or notice-boards, which may be erected under sub-rule (i) may include signs of the designs shown in the First Schedule of the Act.

(3)     No person shall alter, deface, remove or otherwise interfere with any mark, sign or notice made or erected by a competent authority under the provisions of this rule,

Rule 180. Vehicle abandoned on the road.

(1)     If any other vehicle is allowed to stand in any place other than a duly specified parking place in such a way as to cause obstruction to traffic or danger to any person, any police officer in uniform not below the rank of a Sub-Inspector or any officer of the Transport Department mentioned in sub-rule (1) of Rule 227, may:

(i)       forthwith cause the vehicle to be moved under its own power or otherwise cause the vehicle to be taken to the nearest place where the vehicle will not cause undue obstruction or danger;

(ii)      until it is moved to a position where it will not cause obstruction or danger, take all reasonable precautions to indicate the presence of the vehicle; and

(iii)     if the vehicle has been stationary in one place for a continuous period of twenty-four hours and adequate steps have not been taken for its repair or removal by the owner or his representative, remove the vehicle and its contents to the nearest place of safe custody.

(3)     If a motor vehicle has been stationary in a duly specified parking place for a period exceeding that fixed by competent authority in respect of the said place, or if no such period has been fixed for a period exceeding six hours, any police officer in uniform not below the rank of a Sub-Inspector or the officer of the Transport Department mentioned in sub-rule (1) of Rule 227 may remove the vehicle to the nearest place of safe custody

(4)     Notwithstanding any fine or penalty which may be imposed upon any person upon conviction for the contravention of the provisions of Section 122 or of any regulation made by a competent authority in relation to the use of duly specified parking place, the owner of the motor vehicle or his heir or assignee shall be liable to make good any expense incurred by any police officer not below the rank of a Sub-Inspector or any officer of Transport Department mentioned in sub-rule (1) or Rule 227 in connection with the moving, lighting, watching or removal of a vehicle or its contents in accordance with sub-rules (1) and (2); and any police officer or any person in to whose custody the vehicle has been entrusted by any police officer in uniform not below the rank of a Sub-Inspector or any officer of the Transport Department mentioned in sub-rule (1) of Rule 227 shall be entitled to detain the vehicle until he has received payment accordingly and shall upon receiving such payment give a receipt to the person making the payment.

Rule 181. Weighing device Installation and use of.

(1)     A weighing device for the purpose of Section 114 may be

(i)       weigh-bridge installed and maintained at any place by or under the orders of the State Government or a local authority; or

(ii)      weigh-bridge installed and maintained by any person and certified by the registering authority, to be a weighing device for the purpose of the Act and these rules; or

(iii)     a portable wheel-weigher of any kind approved by the State Government.

(2)     The driver of any goods carriage shall, upon demand by any officer of the Transport Department mentioned in sub-rule (1) of Rule 227 or a registering authority, so drive and manipulate the vehicle as to place it or any wheel or wheels thereof, as the case may be, upon any weigh-bridge or wheel-weighers in such a manner that the weight of the vehicle or the weight transmitted by any wheel or wheels may be exhibited by the weigh-bridge or wheel weigher.

(3)     If the driver of a motor vehicle fails within a reasonable time to comply with requisition under sub-rule (2) a person authorised under Section 114 may cause any person, being the holder of driving licence authorizing him to drive such vehicles to drive and manipulate the vehicle.

(4)     When the weight or axle-weight of a motor vehicle is determined by separate and independent determined of the weight transmitted by any wheel or wheels of the vehicle the axle-weight and the laden weight of the vehicle shall be deemed to be the sum of the weights transmitted by the wheels of any axle or by all the wheels of the vehicle, as the case may be,

(5)     Upon weightment of a vehicle in accordance with the Section 114 and this rule, the person who has required the weightment or the person in-charge of the weighing device shall deliver to the driver or other person in-chare of the vehicle a statement in writing of the weight of the vehicle and of any axle the weight of which is separately determined.

(6)     The driver or the person in-charge of, or owner of a vehicle which has been so weighed may challenge the accuracy of the weighing device, by a statement in writing delivered

(i)       within one hour of the receipt of the statement referred to in sub-rule (5) to the person by whom the statement was delivered to him and followed by a deposit of rupees twenty in the office of the Regional Transport Officer or Assistant Regional Transport Officer, as the case may be, within three days of the date of weightment failing which the statement challenging the accuracy of the machine shall not be maintainable; or

(ii)      within fourteen days of the service on him of notice of proceedings against him under Section 86 or Section 113 to the authority or Court issuing such notice.

(7)     Upon receipt of statement challenging the accuracy of a weighing device under sub-rule (6), the person or authority or the Court, by whom the statement is received after ensuring that the deposit of rupees twenty has been made, shall apply to the District Magistrate for the weighing device to be tested by such person as the District Magistrate may appoint and the certificate of such person as may be so appointed, regarding the accuracy of the weighing device shall be final.

(8)     If, upon the testing of a weighing device as aforesaid the weighing device is certified to be inaccurate to an extent greater than any weight by which the gross vehicle weight or unladen weight or any axle weight of the vehicle is shown in the statement referred to in sub-rule (5) to have exceeded the gross vehicle weight or the registered unladen weight or the registered axle weight, as the case may be, no further proceedings shall be taken in respect of any gross vehicle weight or unladen weight or axle Weight and if the device is certified to be inaccurate to the said extent in respect of every such gross vehicle weight, unladen weight, axle weight actually weighed, the deposit prescribed in sub-rule (6) shall be refunded.