Gujarat Motor Vehicles Rules 1989 PDF
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1989
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Summary
This document is a set of rules for motor vehicles in Gujarat, India, from 1989, amended to December 2006. It covers various aspects like licensing, registration, and transport vehicle control.
Full Transcript
GUJARAT M O TO R VEHICLES RULES, 1989. (AMMENDED UPTO 2nd December 2006) 2006 -2- THE GUJARAT MOTOR VEHICLES RULES, 1989 CONTENTS CHAPTER I PRELIMINARY RU...
GUJARAT M O TO R VEHICLES RULES, 1989. (AMMENDED UPTO 2nd December 2006) 2006 -2- THE GUJARAT MOTOR VEHICLES RULES, 1989 CONTENTS CHAPTER I PRELIMINARY RULE Page No. 1 Short title and application ………………………………… 12 2 Definitions …………………………………………………... 12 CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES 3 Licensing Authority ………………………………………... 15 3A ----- 15 4 Testing Officer ……………………………………………... 15 5 Appellate Authority ………………………………………... 15 6 Fees payable under chapter II of the Act…………………. 16 7 Exemption from payment of fees ………………………….. 16 8 Form of communications ………………………………….. 17 9 Power to make inquiries of application for driving 17 licence………………………………………………………... 10 Automobile Associations recognized for issue of a driving 17 certificate …………………………………………………... 11 Seal on the photograph …………………………………….. 17 12 Replacement of the photograph ………………………….. 17 13 Issue of duplicate driving licence ………………………….. 18 14 Change of address ………………………………………..... 18 15 General duties, functions and conduct of drivers of transport 19 vehicles …………………………………………... 16 Additional duties, functions and conduct of drivers of public 19 service vehicles ……………………………………… 17 Additional duties, functions and conduct of drivers of motor 20 cabs and maxi cabs ………………………………..... 18 Grant of authorization to drive a transport vehicle …….. 21 19 Badges of drivers of public service vehicles …………….... 22 20 Manner of appeals …………………………………………. 22 21 Supply of copies of particulars of driving licence ………... 22 22 Exemption of drivers of road-rollers ……………………... 22 23 Maintenance of State Register of Driving Licence ………. 22 CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES 24 Licensing Authority ……………………………………….. 24 25 Appellate Authority ………………………………………... 25 26 Fees payable under Chapter III of the Act ……………….. 25 27 Form of communications …………………………………. 25 28 Restriction on the holding of conductor’s licences ………. 25 29 Duties, functions and conduct of conductors of stage carriages 25 …………………………………………………….. 30 Grant of conductor’s licence ……………………………..... 27 31 Badge of conductors of stage carriages …………………… 28 32 Currency of conductor’s licence …………………………... 28 33 Renewal of conductor’s licence …………………………… 28 34 Replacement of the photograph …………………………... 29 -3- 35 Issue of duplicate conductor’s licence …………………….. 29 36 Change of address ………………………………………….. 30 37 Manner of appeals ……………………………………….... 30 38 Exemption from the provisions of sub-section (1) of section 29 30 …………………………………………………..... 39 Effectiveness of conductor’s licence issued in another State 31 ………………………………………………………..... CHAPTER IV REGISTRATION OF MOTOR VEHICLES 40 Registering Authority……………………………………..... 32 41 Appellate Authority ……………………………………….. 33 42 The other authority to suspend certificate of 33 registration………………………………………………….. 43 Fees payable under Chapter IV of the Act ……………….. 33 44 Exemption from payment of fees ………………………….. 34 44A Amount in lieu of action for certain failures …………….. 34 45 Form of communication …………………………………… 35 45A Communication with the financier ………………………... 35 46 Facilities to be provided to certain persons for registration of 35 motor vehicles……………………………………………... 47 Recording the particulars of exemption ………………….. 36 48 Approval of the plate bearing registration mark ………... 36 49 Particulars to be exhibited on transport vehicles ………..... 36 50 Issue, renewal and cancellation of certificate of fitness ….. 36 51 Extension of validity of certificate of fitness ……………… 37 52 Grant of temporary registration ………………………….. 38 53 Notice of alteration in a motor vehicle …………………..... 39 54 Issue of duplicate certificates ……………………………… 40 55 Intimation of arrival of a motor vehicle …………………. 41 56 Power of registering authority to require production of 41 certificate of registration…………………………………… 57 Information regarding stolen and recovered vehicles …… 41 58 Manner of appeals ………………………………………..... 42 59 Supply of copies of particulars of registration …………… 42 60 Exemption of road rollers, graders, etc. - Deleted……….. 42 61 Maintenance of State Register of Motor Vehicles ………. 42 CHAPTER V CONTROL OF TRANSPORT VEHCILES 62 State Transport Authority ………………………………....... 44 63 Regional Transport Authorities …………………………….. 44 64 Conduct of business of Transport Authorities …………….. 45 65 Delegation of powers by State Transport Authority ………. 46 66 Delegation of powers by Regional Transport Authority...... 48 67 Application of sub-section (1) of section 66 ………………… 49 68 Exemption from sub-section (1) of section 66………………. 49 69 Disposal of applications under Chapter V of the Act. ……. 49 70 Forms to be used for the purpose of Chapter V of the 49 Act….………………………………………………………....... 71 Fee payable under Chapter V of the Act ………………........ 51 72 Exemption from payment of fees ……………………………. 52 73 Communication between the Transport Authorities ………. 52 74 Refusal of an application for private service vehicle 52 -4- permit………………………………………………………….. 75 Entry of registration mark on permit ……………………….. 53 76 Additional conditions in respect of certain permits ………... 53 77 Variation of conditions of permit ……………………………. 55 78 Extension of area of validity of permits …………………….. 56 79 Renewal of permits or countersignature ……………………. 57 80 Replacement of a vehicle covered by permit ……………….. 58 81 Alteration in a vehicle covered by permit …………………... 59 82 Change of address of permit holder ……………………........ 59 83 Procedure on cancellation, suspension or expiry of permit... 60 84 Transfer of permit ……………………………………………. 60 85 Production of permit …………………………………………. 61 86 Provision of taxi meter on motor cabs – Deleted ………....... 61 87 Compulsory fitment of taxi meter - Deleted ……………….. 61 88 Prohibition of use of motor cab with defective meter – 62 Deleted………………………………………………………….. 89 Unauthorized interference with meter – Deleted …………… 62 90 Approval of meters – Deleted ………………………………... 62 91 Constructional requirements of meters – Deleted ………….. 62 92 Rough test of meter before its fitment on motor cab - Deleted 62 ……………………………………………………......... 93 Fees, that may be charged by the testing institute - Deleted... 62 94 Location of meter on motor cab - Deleted ………………….. 62 95 Sealing of meter after road test - Deleted …………………... 62 96 Meter repairers - Deleted ………………………………......... 62 97 Revocation of approval of meter – Deleted …………………. 62 98 Licensing of agents engaged in sale of tickets ………………. 62 99 Licensing of agents engaged in collecting, forwarding or 63 distributing goods …………………………………………….. 100 Grant of agent’s licence …………………………………......... 63 101 Renewal of agent’s licence ………………………………......... 65 102 Conditions of agent’s licence ……………………………......... 65 103 Particulars to be mentioned in contract of agency …………. 66 104 Places to be used for loading and unloading of goods etc.. … 66 105 Suspension or cancellation of agent’s licence and forfeiture of 68 security ……………………………………………………… 106 Issue of duplicate permits or licences ………………………... 68 107 Appeals ………………………………………………………… 69 108 Manner of appeal and revision …………………………......... 69 109 Procedure in appeal and revision ………………………......... 70 110 Intimation of damage to or failure of stage carriage ……….. 70 111 Stage carriage to ply on routes other than those specified in 71 permit under special circumstances …………………............. 112 Maintenance of complaint books …………………………….. 71 113 Safe custody and disposal of property left in a public service 72 vehicle ……………………………………………...................... 114 Determination of passenger carrying capacity of public service 73 vehicle ……………………………………………......... 115 Conduct of persons using stage carriages …………………… 73 116 Conduct of passengers using motor cabs and maxi cabs …... 75 117 Carriage of personal luggage in private service vehicles... … 76 118 Carriage of passenger’s luggage in stage carriages ………… 76 119 Carriage of children and infants in public service vehicles... 76 120 Carriage of goods in public service vehicles…………………. 77 -5- 121 Carriage of corpses or persons suffering from any infectious or 78 contagious disease, in public service vehicle and the disinfection of such vehicles ……………………...................... 122 Carriage of persons in goods carriages ……………………… 79 123 Carriage of animals in goods carriage ………………………. 81 124 Painting and marking of motor cabs in certain manner.. …. 82 124A Painting and marking of Educational Institution Bus in 83 certain manner ……………………………………………….. 124B Painting of goods carriages carrying goods of dangerous or 83 hazardous nature ……………………………………………... 125 Prohibition of painting or marking of transport vehicle in 83 certain manner ………………………………………………... 126 Power to inspect taxi meters …………………………………. 83 127 Power to inspect transport vehicles and their contents……... 84 128 Power to inspect business premises…………………………... 85 129 Fixing the hours of work in advance……………………......... 85 130 Records to be maintained and the returns to be furnished by 85 the owners of transport vehicles…………………………... CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKING 131 Form of scheme for State Transport Undertaking…………….. 87 132 Manner of filing objections to the proposal of a scheme............. 87 133 Manner of considering objections………………………………. 87 134 Publication of the scheme or the modification of approved 88 scheme………………………………………….............................. 135 Manner of service of orders under chapter VI………………… 88 136 Unclaimed articles………………………………………….......... 88 137 Application for permit under section 103 …………………….. 88 137A Hiring of private buses by State Transport 88 Undertaking.……………………………………………………... 137B Extension or modification of permits…………………………... 89 137C Grant of permit under the provision to section 104……............ 89 137D Notice of application, hearing etc……………………………….. 89 CHAPTER VII CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES 138 General……………………………………………………............ 90 139 Rear view Mirror………………………………………………… 90 140 Springing…………………………………………………………. 90 141 Mudguards……………………………………………………….. 90 142 Display of fluorescent strips…………………………………….. 91 143 Attachments to motor cycle……………………………………... 91 144 Particulars to be exhibited on vehicles with left hand control... 91 145 General maintenance……………………………………………. 91 146 Body construction………………………………………………... 91 147 Body dimensions ………………………………………………... 91 148 Stability ………………………………………………………….. 92 149 Driver’s seat ……………………………………………………... 92 150 Communication with driver…………………………………….. 92 151 Carriage of standees …………………………………………….. 92 152 Seating Arrangements …………………………………………... 93 152 A. Special provisions for sleeper designated omnibus……………. 93 153 Gangway …………………………………………………………. 95 -6- 154 Head room ……………………………………………………….. 95 155 Doors ……………………………………………………………... 96 156 Steps ………………………………………………………............ 96 157 Grab rail………………………………………………………….. 97 158 Cushions…………………………………………………………... 97 159 Floor boards ………………………………………………........... 97 160 Exhaust gas……………………………………………………….. 97 161 Internal Lighting…………………………………………............. 97 162 Ventilation…………………………………………………........... 97 163 Protection of passenger from weather …………………………. 97 164 First-Aid Box……………………………………………………... 97 165 Locking of nuts……………………………………………............ 98 166 Approval of locally-manufactured trailer and semi-trailer …... 98 167 Body and loading platform………………………………............ 99 168 Driver’s compartment……………………………………............ 99 169 Spare wheel and tools ……………………………………............ 99 170 Fitment of audio or audio-visual devices ………………………. 100 170A Prohibition on the use of cell phone…………………………….. 100 171 Prohibition on the use of military marks………………………. 100 172 Prohibitions in respect of wind-screens ……………………….. 100 172A Necessity for periodical inspection and certification…………. 100 173 Application of certain provisions to private service vehicles and 102 educational institution bus………………………………….. 174 Distinguishing board for contract carriage…………………….. 102 175 Exemption of military vehicles………………………………….. 102 176 Exemption of certain vehicles……………………………............ 102 177 Exemption from the provisions of Chapter VII of the 102 Act………………………………………………………………… 178 Conditions for exemption in respect of imported or military 103 disposal vehicles including trailer………………………………. 179 Restriction on use of trailer……………………………………... 103 180 Prohibition of drawing of trailers………………………………. 103 181 Restriction on number of trailers to be drawn………………… 103 182 Restriction on length of train of vehicle and trailers…………... 103 183 Distinguishing mark of trailers …………………………………. 103 CHAPTER VIII CONTROL OF TRAFFIC 184 Other authorities or persons under Chapter VII of the 105 Act………………………………………………………………… 185 Extent of application of Section 130…………………………….. 105 186 Weighing device …………………………………………………. 105 187 Fees for storage of goods removed from overloaded vehicles…. 106 187A Conditions for the issue of permits for certain transport 107 vehicles, for the purposes of sub-section (1) of section 113……. 188 Parking places and halting stations……………………………... 107 189 Traffic control signals……………………………………………. 108 190 Stationary motor vehicle on road……………………………….. 108 191 Use of lamps on stationary vehicles……………………………... 109 192 Removal of goods abandoned on road………………………….. 110 193 Use of protective head gear………………………………............ 110 194 Prohibition of erecting or placing of signs or advertisements on 110 roads…………………………………………………………… 195 Prohibition of driving downhill with the gear 110 disengaged…………………………………………………............ 196 Prohibition of taking hold of or mounting a motor vehicle in 111 -7- motion ……………………………………………………………. 197 Prohibition of driving on foot-path or cycle tracks……………. 111 198 Prohibition of driving on certain vehicles ………………............ 111 199 Prohibition of carrying dangerous projections ………………. 111 200 Restrictions on carriage of dangerous substances……………... 112 201 Restrictions on use of sound signals…………………………….. 112 202 Restriction in dazzling light ……………………………………. 112 203 Attendant ………………………………………………………... 112 204 Securing of goods in open goods carriage ……………………... 112 205 Exhibition of reflector boards……………………………............ 113 206 Exemption from the provisions of Chapter VIII of the Act … 113 207 Public parking place and stand …………………………............ 113 208 Inspection of motor vehicles involved in fatal accident ……….. 114 CHAPTER IX INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS 209 Other authority under section 147(4)…………………………… 115 210 Production of certificate of insurance under section 159............ 115 CHAPTER X CLAIMS TRIBUNALS 211 Procedure regarding compensation arising out of accidents….. 116 212 Fees ……………………………………………………………….. 116 213 Exercise of powers of civil court ………………………………... 118 214 Diary of the proceedings…………………………………………. 118 215 Assistance of experts ………………………………………… 118 216 Appearance of legal practitioner………………………………... 118 217 Examination of applicant………………………………………... 118 218 Summary dismissal of application………………………………. 118 219 Notice to opposite party………………………………………….. 118 220 Examination of opposite party…………………………………... 118 221 Framing of issue………………………………………………….. 119 222 Determination of issue……………………………………............ 119 223 Summoning of witnesses…………………………………………. 119 224 Recording of evidence……………………………………………. 119 225 Local inspection…………………………………………………... 120 226 Summary examination……………………………………........... 120 227 Recording of reasons for postponement…………………........... 120 228 Judgement…………………………………………………............ 120 229 Application of Code of Civil Procedure…………………............. 120 230 Savings……………………………………………………………... 120 231 Procedure regarding compensation on the principle of no 121 fault………………………………………………………………… 232 Receipt of compensation paid……………………………............. 121 233 Enforcement of an award of Claims Tribunal………………….. 122 234 Manner of appeals………………………………………………… 122 CHAPTER XI OFFIENCES, PENALTIES AND PROCEDURE 235 Temporary acknowledgement in lieu of driving licence………... 124 235A Authority under section 206 (1) and (2) and section 207……….. 124 236 Temporary acknowledgement in lieu of certificate of 124 registration………………………………………………………… 237 Penalty for causing obstruction to free flow of traffic………….. 125 -8- CHAPTER XII MISCELLANEOUS 238 Refund of fees …………………………………………….............. 126 239 Powers of officers of Motor Vehicles Department……………… 126 240 Performance of functions by officers of the Motor Vehicles 126 Department………………………………………………………... 241 Uniform for the officers of the Motor Vehicles 127 Department………………………………………………………... 241A Fascimile of the signature stamped on documents……………… 127 242 Repeal and savings ……………………………………………….. 127 SCHEDULES FIRST SCHEDULE FORMS P. C.A.T. Application for preliminary test/test of competence to drive/ test 128 for grant of authorisation to drive transport vehicle………. D.L. COM. Communication under Chapter II……………………………….. 129 L.L.D. Application for a duplicate driving licnece……………………… 130 T.V.A. Application for grant of an authorisation to drive transport 131 vehicle……………………………………………………………..... C.L.COM. Communication under chapter III……………………….............. 132 L.Con.A. Application for grant of conductor’s licence…………………….. 133 M.C.Con. Medical certificate in respect of an application for conductor's 134 licence. ………………………………………................................... L.Con. Conductor's licence………………………………………………... 136 L.Con.R. Application for renewal of a conductor's licence………………... 137 C.L.D. Application for duplicate conductor's licence…………………… 138 R.COM. Communication with other registering authority………............... 139 F.COM. Communication with the financier………………………………... 140 (PART-I) F.COM. Communication with the financier………………………………... 141 (PART-II) C.F.A. Application for issue/renewal of certificate of fitness…………… 143 C.F.X. Cancellation of certificate of fitness and temporary authorisation 144 for the removal of motor vehicle…………………. M.V.Ins. Inspection report of motor vehicles………………………………. 145 C.F. Sub. Extension of validity of certificate of fitness for the use of motor 148 vehicle when certificate of fitness has expired…………………... C.R. Temp.A. Application for temporary registration or its extension.............. 149 C.R. Temp. Certificate of temporary registration…………………….............. 150 B.T.I. Notice of an alteration proposed to be made in a motor vehicle.. 151 B.T.A. Report of alterations made in a motor vehicle…………………. 153 C.D. Application for a duplicate certificate of temporary registration 154 /fitness……………………………………….................................... P.St.S.A. Application for a stage carriage permit………………………….. 155 P.CO.S.A. Application for a permit in respect of a stage carriage to be used 157 as a contract carriage also ………………………………….. P.CO.P.A. Application for a contract carriage permit……………………… 158 P.Pr.S.A. Application for a private service vehicle permit………………… 160 P.Pu.C.A. Application for goods carriage permit…………………………… 162 P.Tem.A. Application for temporary permit……………………….............. 164 P.Co.Sp.A. Application for a special permit………………………………….. 165 P.C.S.A. Application for a countrsignature of a permit………………….. 155 L.Ag.A. Application for an agent’s licence for sale of tickets……………... 167 -9- L.Ag.G.C.A. Application for an agent's licence for collecting, forwarding or 168 distributing goods…………………………………………………. A.R.T. Record of turnover………………………………………………... 170 P.C.S.R. Application for renewal of a permit or a 172 countersignature…………………………………………………... L.Ag.R. Application for renewal of an agent's licnece for sale of tickets... 173 L.Ag.G.C.R. Application for renewal of an agent's licence for collecting, 174 forwarding or distributing goods……………… P.C.S.D. Application for a duplicate permit/countersignature…………… 175 L.Ag.D. Application for a duplicate agent's licence………………………... 176 M.V. Rep.A. Application for replacement of a vehicle covered by permit/ 177 countersignature………………………………….……………….. Tr.P.A. Application for transfer of a permit/countersignature…............. 178 C.Ad.A. Application for recording change of address……………............. 179 P.St.S. Stage Carriage Permit…………………………………………….. 180 P.Co.S. Permit in respect of a reserve stage carriage to be used as a 183 contract carriage…………………………………………………... P.CO.P. Contract carriage permit………………………………................. 185 P.Pr.S. Private service vehicle permit…………………………................. 187 P.Pu.C. Goods carriage permit…………………………………………….. 189 P.Tr.V. Tourist vehicle permit…………………………………………….. 191 P.Tem. Temporary permit………………………………………………… 193 P.Co.Sp. Special permit……………………………………………………… 195 P.C.S. Countersignature of the permit…………………………………... 197 N.P.Pu.C. National Permit……………………………………………............ 199 L.Ag. Agent's licence for sale of tickets…………………………............. 201 L.Ag.G.C. Agent's licnce for collecting, forwarding or distributing 203 goods……………………………………………………………….. T.A.COM. Communication under Chapter V……………………………….. 207 S.S.T.U. Proposal regarding a scheme of road transport service to be 208 provided by the State Transport Undertaking………………….. A.S.S.T.U. Approved scheme of Road Transport Service of a State 210 Transport Undertaking…………………………………………… P.S.T.U.S.A. Application for permit in respect of service of stage carriage 211 under a scheme of State Transport Undertaking……………….. P.S.T.U.P.C.A. Application in respect of goods carriage permit under a scheme of 212 State Transport Undertaking………………….......................... P.S.T.U.CO.A. Application for a permit in respect of contract carriage(s) under 213 a scheme of State Transport Undertaking……………….. P.S.T.U.S. permit in respect of stage carriage(s) under a scheme of State 214 Transport Undertaking…………………………………………… P.S.T.U.P.C. Permit in repeat of goods carriage under a scheme of State 215 Transport Undertaking…………………………………………… P.S.T.U.CO. Permit in respect of contract carriage(s) under a scheme of State 216 Transport Undertaking…………………………………………… C.P.I.A. Application for issue/renewal of periodical inspection…………... 217 C.P.I. Certificate of Periodical inspection………………………............. 218 Comp.A. Application for compensation arising out of the use of motor 219 vehicles……………………………………………………………... M.V.ACCIDENT Accident Report Form…………………………………………….. 221 C.W.F. Application for compensation in respect of liability without fault.. 222 L.Tem. Temporary acknowldgement in lieu of driving licence………... 224 C.Tem. Temporary acknowledgement in lieu of registration certificate… 225 R.F. Certificate of refund………………………………………............. 226 Second Schedule Badge to be displayed by driver and conductor………………… 227 - 10 - Third Schedule Temporary registration marks to be assigned…………………... 228 Fourth Schedule Distinguishing mark for a trailer………………………………… 229 Fifth Schedule Traffic Control Signals……………………………………............. 230 Sixth Schedule Epaulettes and Badges…………………………………………….. 233 - 11 - GOVERNMENT NOTIFICATIONS AMMENDING GUJARAT MOTOR VEHICLES RULES, 1989. (1) No. G/B/91/129/MVA/1087-5305/KH dated : 13/06/1991 (2) No. G/G/94/45/MVR/1589/6359/KH dated : 22/04/1994 (3) No. G/G/95/62/MVA/1592/GOI-7/KH dated : 17/02/1995 (4) No. G/G/95/116/MVD/1092/4583/KH dated : 09/05/1995 (5) No. G/G/95/187/MVR/1589/4966(II)-KH dated : 18/11/1995 (6) No. G/G/96/117/MVR/1095/3925/KH dated : 29/06/1996 (7) No. G/G/97/90/MVR/1095/3673/KH dated : 17/07/1997 (8) No. G/G/97/137/MVR/1096/1474/KH dated : 06/10/1997 (9) No. GG/98/101/MVR/1595/346/KH dated : 22/04/1998 (10) No. GG/99/113/MVR/1589/6359/KH dated : 21/07/1999 (11) No. GG/99/167/MVR/1595/346/KH dated : 08/09/1999 (12) No. GG/99/192/MVR/1097/4190/KH dated : 25/10/1999 (13) No. GG/99/242/MVR/1099/1342/KH dated : 27/12/1999 (14) No. GG/2000/41/MVR/1099/1342/KH dated : 05/04/2000 (15) No. GG/2000/42/MVR/1098/1257/KH dated : 05/04/2000 (16) No. GG/2001/34/MVR/1595/346/KH dated : 30/03/2001 (17) No. GG/2002/103/MVR/1001/3435/KH dated : 06/07/2002 (18) No. GG/2003/69/MVR/1595/346/KH dated : 27/05/2003 (19) No. GG/2003/69/MVR/1099/1342/KH dated : 31/07/2003 (20) No. GG/2004/29/MVR/1001/3435/KH dated :11/03/2004 (21) No. GG/2000/35/MVR/1589/6359/KH dated : 25/03/2004 (22) No. GG/2005/08/MVD/1004/MLA-60/KH dated : 13/01/2005 (23) No. GG/2005/67/MVR/1599/I/KH dated : 24/08/2005 (24) No. GG/2005/68/MVR/1097/OD/16/KH dated : 25/08/2005 (25) No. G/G/2005/16/MVR/112005/661/KH dated : 29/11/2005 (26) No. GG/2005/18/MVR/1099/1342/KH dated : 13/12/2005 (27) No. GG/2006/3/MVD/102004/4224/KH dated : 31/01/2006 (28) No. MVR/1004/3120/KH dated : 21/11/2006 (29) No. PT/2006/42/MTA/122006/3349/KH dated : 02/12/2006 - 12 - CHAPTER – I PRELIMINARY (1) Short title and application.- (1) These rules may be called the Gujarat Motor Vehicles Rules, 1989. (2) They shall, save as expressly provided otherwise, apply to, and in relation to all motor vehicles in the State of Gujarat. (3) These rules shall come into force on and from the 1st day of July, 1989. 2. Definitions.- In these rules, unless the context requires otherwise- (a) “Act” means the Motor Vehicles Act, 1988 (59 of 1988); (b) “Assistant Inspector of Motor Vehicles” means any officer appointed as such by the State Government; (c) “Assistant Director of Transport” means any officer appointed as such by the State Government; (d) “Assistant Regional Transport Officer” means any officer appointed by the State Government for any area to perform the functions of the Assistant Regional Transport Officer under the Act and the rules made there under; (dd) “Commissioner of Transport” means any officer appointed by the State Government to perform the functions of the commissioner of Transport under the Act and the rules made there under and includes a Joint Director of Transport and Deputy Director of Transport appointed as such by the State Government. (e) “Director of Transport” means any officer appointed by the State Government to perform the functions of the Director of Transport under the Act and the rules made thereunder and include a Joint Director of Transport and a Deputy Director of Transport appointed as such by the State Government; (f) “Form” means a form as setforth in the First Schedule appended to these rules; (g) “Inspector of Motor vehicles” means any officer appointed as such by the State Government to perform the functions of the Inspector of Motor Vehicles under the Act and the rules made thereunder; (h) “Passenger” means any person traveling in a public service vehicle other than the driver or the conductor or the attendant; (i) “Regional Transport Officer” means any officer appointed by the State Government for any area to perform the functions of the Regional Transport Officer under the Act and the rules made thereunder and includes an Assistant Regional Transport Officer appointed by the State Government; (j) “Rule” means a rule of the Gujarat Motor Vehicles Rules, 1989; (k) “Schedule” means a Schedule appended to these rules; (l) “Section” means a section of the Act; (la) “Sleeper designated omnibus” means a contract carriage constructed or adapted to carry more than six passengers excluding the driver with a facility of comfortable sleep on berth for hire or - 13 - reward and is engaged under a contract, whether expressed or implied for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a permit holder in relation to such vehicle or any person authorized by him in this behalf on a fixed or an agreed sum – (i) on a time basis, whether or not with reference to any route or distance, or (ii) from one point to another, and in either case, without stopping the sleeper designated omnibus to pick-up or allow he passengers to get down not included in the contract any where during the journey. (m) “State” means the State of Gujarat. (n) Defination of “Testing Institute” deleted. - 14 - CHAPTER – II LICENSING OF DRIVERS OF MOTOR VEHICLES 3. Licensing Authority.- The licensing authority shall be- (i) for the Districts of Amdavad and Gandhiangar, the Regional Transport Officer, Ahmedabad; (ii) for the Districts of Bhavnagar and Amreli (excluding taluka of Kodinar), the Regional Transport Officer, Bhavnagar; (iii) for the district of Kutch, the Regional Transport Officer, Bhuj; (iv) for the districts of Panchmahals and Dahod, the Regional Transport Officer, Godhara; (v) for the district of Jamnagar, the Regional Transport Officer, Jamnagar; (vi) for the districts of Junagadh and Porbandar, the Regional Transport Officer, Junagadh; (vii) for the districts of Mehsana and Patan, the Regional Transport Officer, Mehsana; (viii) for the districts of Kheda and Anand, the Regional Transport Officer, Nadiad; (ix) for the district of Banaskantha, the Regional Transport Officer, Palanpur; (x) for the district of Rajkot and Surendranagar, the Regional Transport Officer, Rajkot; (xi) for the district of Surat, the Regional Transport Officer, Surat; (xii) for the district of Vadodara, Bharuch and Narmada, the Regional Transport officer, Vadodara; (xiii) for the district of Valsad, Navsari and Dangs, the Regional Transport officer, Valsad; (xiv) for the district of Sabarkantha, the Regional Transport officer, Himmatnagar; (xv) for the district of Amreli, the Assistant Regional Transport officer, Amreli; (xvi) for the district of Bharuch, the Assistant Regional Transport officer, Bharuch; (xvii) for the district of Gandhinagar, the Assistant Regional Transport officer, Gandhinagar; (xviii) for the Taluka of Bardoli, Vyara, Songadh, Uchchhal, Nizar, Mahuwa, Valod, Palsana and Kamrej, of Surat District, the Assistant Regional Transport Officer, Bardoli; (xix) for the district of Surendranagar, the Assistant Regional Transport Officer, Surendranagar; (xx) for the district of Dahod (excluding Taluka of Devgadh Baria), the Assistant Regional Transport Officer, Dahod; (xxi) for the district of Navsari, the Assistant Regional Transport Officer, Navsari; (xxii) for the district of Narmada, the Assistant Regional Transport Officer, Narmada; - 15 - (xxiii) for the district of Anand, the Assistant Regional Transport Officer, Anand; (xxiv) for the district of Patan, the Assistant Regional Transport Officer, Patan; (xxv) for the district of Porbandar, the Assistant Regional Transport Officer, Porbandar. 3A. The taluka Mamlatdar other than working at District headquarter within his jurisdiction shall be the Licensing Authority for the issue of learner’s licences. 4. Testing Officer.- (1) Any officer of the Motor Vehicles Department of and above the rank of an Assistant Inspector of Motor Vehicles shall be the authority to conduct a test under sub-section (5) of sector 8 and any officer of and above the rank of an Inspector of Motor Vehicles shall be the authority to conduct a test under sub-section (3) of section 9; Provided that it shall be competent for the licensing authority or for any person nominated by it in that behalf, to have more than on test. (2) In case of a member of the Home Guards, the test of competence to drive any motor vehicle other than a transport vehicle may be conducted by the Commandant of the Home Guards under whose control the applicant is serving if such Commandant is, with the previous approval of the State Government, authorized by name in this behalf by the Commandant General. (2a). The Deputy Mamlatdar working in the respective Nagrik Suvidha Kendra setup at Collector and Mamlatdar offices within his jurisdiction and Secretary, Western India Automobile Association at Ahmedabad and District headquarters shall be the Testing Officer for the purpose of a test under sub-section (5) of Section (8) of the Act. (3) Every application for a test to obtain a learner’s licence, driving licence or an authorization to drive transport vehicle, shall be made in from P.C.A.T. and shall be accompanied by the fee specified in rule 6 or, as the case may be, in rule 32 of the Central Motor Vehicles Rules, 1989. (4) Subject to the provisions of sub-section(6) of section 9, the applicant shall furnish a serviceable vehicle and present himself for the test at such time and at such place as may be specified by the testing officer concerned. 5. Appellate Authority.- (1) The authority empowered to hear appeals against the orders of licensing authority refusing to issue any learner’s licence or to issue or renew any driving licence or to add a class or description of motor vehicle to any driving licence or revoking any driving licence under the provisions of section 16 shall be the - 16 - Commissioner of Transport or Director of Transport as the case may be. (2) The authority empowered to hear appeals against the order of licensing authority disqualifying the holder from the holding or obtaining a driving licence or revoking such licence under the provisions of sub-section (1) of section 19, shall be either the Commissioner of Police or where there is no such Commissioner of Police, the District Magistrate. 6. Fees payable under chapter II of the Act.- The fees to be paid under chapter II of the Act shall be – (i) in respect of each test for grant of learner’s licence under rule 4, twenty five rupees; (ii) in respect of replacement of photograph on a licence under rule 12, twenty five rupees; (iii) (a) in respect of duplicate driving licence under rule 13, in Form – 6 prescribed under sub rule (1) of rule 16 of the Central Motor Vehicles Rules,1989, fifty rupees; and (b) in respect of duplicate driving licence under rule 13, in Form - 7 prescribed under sub rule(2) of rule 16 of Central Motor Vehicles Rules, 1989, two hundred rupees; (iv) in respect of test for grant of authorization under rule 18, fifty rupees; (v) in respect of an appeal under rule 20, fifty rupees; (vi) in respect of each copy of any document under rule 20, fifty rupees; (vii) in respect of every copy of particulars of driving licence under rule 21, twenty five rupees; (viii) in respect of an endorsement of authorization in a driving licence issued in Form 6, under rule 9 of the Central Motor Vehicles Rules, 1989, forty five rupees. 7. Exemption from payment of fees.- (1) The State Government may, by general or special order, exempt, totally or partially, any person or class of persons, from payment of all or any portion of the fees payable under Chapter II of the Act. (2) (a)The persons employed in the service of the State Government of driving motor vehicles; (b)The Ex-service persons on production of a certificate of proficiency in driving a motor vehicle from an officer in the Armed Forces of the Union; (c) Such Diplomatic Officers or Consular Officers as the State Government may, by general or special order specify in this behalf; shall be exempted from the fees payable for the test of competence to drive, issue or renewal of learner’s licence, the issue or renewal of driving licence, and the test for issue of learner’s licence. - 17 - 8. Form of communications.- The licensing authority shall communicate with another licensing authority in From D.L.C.O.M. for the purpose of intimating – (a) the addition of other class or description of motor vehicle, under section 11; or (b) the renewal of a driving licence, under section 15; or (c) the revocation of driving licence, under section 16; or (d) the revocation of driving licence or the disqualification of a holder of driving licence, under section 19; or (e) the endorsement of a sentence of imprisonment on a driving licence, under section 24; or (f) the replacement of a photograph, under rule 12; or (g) the change of address, under rule 14; or (h) the grant of authorization to drive a transport vehicle, under rule 18. 9. Power to make inquiries of application for driving licence.- Upon the receipt of an application for a learner’s licence, the licensing authority may make such inquiries as may reasonably be necessary to establish the identity of the applicant and to ascertain that the applicant is not disqualified for holding or obtaining a driving licence. 10. Automobile Associations recognized for issue of a driving certificate.- The State Government recognizes the following automobile associations for the purposes of second proviso to sub-section (3) of section 9, namely:- (1) The Western India Automobile Association. (2) The Automobile Association of Southern India. (3) The Automobile Association of Eastern India. (4) The Automobile Association of Upper India. (5) The Uttar Pradesh Automobile Association. 11. Seal on the photograph.- The photograph of the holder when affixed to any learner’s licence issued under Chapter II of the Act, shall be sealed with a seal of the licensing authority in such a manner that the part of the impression of the seal is upon the photograph and part on the margin in the licence. 12. Replacement of the photograph.- (1) Where, at any time, it appears to a licensing authority that the photograph affixed to any licence issued under chapter II of the Act. 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 two 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 photograph accordingly. (2) Where the holder fails to comply with such requisition made by the licensing authority, the licence shall cease to be valid on the expiry of the said period. - 18 - (3) Where, at any time, if a holder of a licence so desires, a licensing authority may replace the photograph on his licence by a recent photograph of himself. (4) Upon the receipt of the copies of photograph as provided in sub- rule (1) or sub-rule (3), the licensing authority shall remove the old photograph from the licence, and shall affix and seal thereto one copy of new photograph and note the date of such replacement, and return the licence to the holder, and shall, if it is not the licensing authority by which the licence was issued, forward the second copy of the photograph to that authority. (5) The fee, for replacing a photograph under this rule shall be as provided in rule 6 and shall be paid along with the photograph and application. 13. Issue of duplicate driving licence.- (2) Where at any time any driving licence is lost, destroyed, torn, defaced or mutilated the holder shall forthwith report the matter to the original licensing authority an shall apply for issue of duplicate licence, in Form L.L.D. along with the fee prescribed under rule 6 and where a photograph is required to be affixed to a duplicate licence, two clear copies of a recent photograph of himself. (3) Upon the receipt of such report the licensing authority shall, after making such enquires as it may think if, if satisfied that a duplicate may properly be issued, issue a duplicate licence duly stamped “Duplicate” in red ink and the date of issue of the duplicate: Provided that where subsequent to the issue of a duplicate licence, it is found that there has been an endorsement by a Court since the date of the grant or last renewal of the licence, it shall be lawful for the licensing authority to call for the duplicate licence and make the necessary endorsement thereon. (4) Where a duplicate licence has been issued upon representation that a licence has been lost, and the original licence is afterward found or received by the holder, the holder shall immediately return the duplicate licence to the issuing authority. (5) If at any time it appears to an Inspector of Motor Vehicles or to a licensing authority that a driving licence held by any person is so torn, defaced or mutilated in any way as to cease to be reasonably legible, such Inspector of Motor Vehicles or the authority may, by order in writing impound the driving licence and require the holder, to obtain a duplicate driving licence. 14. Change of address.- (1) If the holder of driving licence ceases to reside or have his place of business at the address recorded in the driving licence, he shall, within thirty days of any such change of address, intimate his new address, to the licensing authority by which the licence was - 19 - issued, and if the new address is within the jurisdiction of another licensing authority, to that other licensing authority. (2) Upon the receipt of such intimation, if it is not the licensing authority by which the licence was issued, the licensing authority shall intimate the change of address to that authority. 15. General duties functions and conduct of drivers of transport vehicles.- The driver of a transport vehicle,- (a) shall not cause or allow any person, animal or thing to be placed or to be in the space reserved for the driver’s seal or otherwise, in such a way as to impede him in having a clear vision of the road or proper control of the vehicle; (b) shall not knowingly drive the vehicle when there is not sufficient fuel in the vehicle to enable him to reach the next fuel pump on the route; (c) shall not loiter or unduly delay upon any journey but shall proceed to the destination with all reasonable dispatch; (d) shall, at all times, exercise all reasonable care and diligence to maintain the vehicle in a fit and proper condition and shall not knowingly drive the vehicle when the vehicle or any brake, tyre or lamp thereof is in a defective condition likely to render the driving of such vehicle a source of danger to persons and vehicles using such place; (e) shall behave in a civil and orderly manner towards passengers, intending passenger or the hirer of the vehicle; (f) shall take all reasonable precautions to prevent the goods or the luggage, from being spoiled or lost, on the way; (g) shall, as far as may be reasonably possible having regard to his duties, be responsible for due observance of the provisions of the Act and the rules made thereunder. 16. Additional duties, function and conduct of drivers of public service vehicles.- The driver of a public service vehicle: (a) shall not smoke while on duty; (b) shall be cleanly dressed and in the manner specified by the State Government: Provided that when drivers of such vehicles are or are likely to be called upon to perform duties in an emergency or to receive training, the State Government may, by general or special order, exempt such drivers from the operation of this clause for such period as may be specified in the order; (c) shall maintain the vehicle in a clean and sanitary condition during its use in a public place; (d) shall, in the event of the vehicle being unable to proceed to its destination on account of mechanical break down or other cause beyond his control, arrange to convey the passengers to their destination in some other similar vehicle, or, if unable so to arrange within a period of an hour after the failure to proceed to the destination, shall on demand, arrange to refund to passengers a - 20 - proper portion of the fare relating to the completion of the journey for which the passengers had paid the fare; (e) shall see that no passenger smokes in the vehicle when the same is being filled up with fuel; (f) shall, at the conclusion of every journey, make reasonable search in the vehicle for anything left by any passenger and shall take into his custody anything so found and shall, as soon as may be convenient, hand over the same to the officer in change of the nearest police station or the permit holder; (g) shall, subject to any rules or regulations in force prohibiting the taking up or setting down of passengers at or except at certain specified places, bring the vehicle to rest for sufficient period of time in a safe and convenient position upon the demand or signal of the conductor or of any passenger. 17. Additional duties, functions and conduct of drivers of motor cabs and maxi cabs.- (1) The driver of a motor cab and a maxi cab:- (a) shall not allow his cab to remain on the stand if it is disabled unless such disablement is of a purely temporary nature which can be immediately remedied and is so remedied; (b) shall not allow his cab, when it is not engaged, to remain at any place other than on the stand; (c) shall not loiter for the purpose of his cab being hired in any other public place; (d) shall not prevent or attempt to prevent the first cab on the stand from being hired; (e) shall not, when engaged by any person for some future time, keep cab on the stand unless he s willing to accept any intermediate engagement that may be offered; (f) shall not make use of his cab in connection with or for the furtherance of prostitution or any other activity prohibited by any law for the time being in force. (g) shall not carry a cleaner or an attendant unless permitted specifically to do so, by the Transport Authority on such conditions as may be specified by it; (h) shall not terminate the hiring before he has been discharged by the hirer; (i) shall not demand or exact any fare in excess of that to which he is legally entitled; (j) shall not carry any person in his cab in excess of the seating capacity specified in the certificate or registration of the vehicle; (k) shall not permit any other person to drive his cab without the approval of its owner; (l) shall always stay near his cab which shall be ready for immediate hiring by any person; (m) shall move his cab up as vacancies occur on the stand; - 21 - (n) shall, in the absence of reasonable cause to the contrary, proceed to the destination named by the hirer, by the shortest route. (2) The driver of a cab fitted with a taxi-meter - (a) shall not set the taxi-meter in motion before his cab is hired and shall stop the metre immediately on the arrival of the destination, or on failure to proceed owing to any defect in the cab: Provided that the cab shall be considered to be hired from the time it has been engaged or if called from a distance, from the time of such call; (b) shall not cover or obscure the face or dial of a taxi-meter under any circumstances or at any time; (c) shall not, without reasonable excuse, refuse to let his cab for hire when the flat of the taxi-meter is in the “For Hire” position. 18. Grant of authorization to drive a transport vehicle.- (1) No person shall drive a transport vehicle unless an authorization in the driving licence shall have been granted by the licensing authority. (2) No person shall hold more than one authorization to drive a similar kind of a public service vehicle. (3) No authorization to drive a transport vehicle shall be granted unless the applicant satisfies the licensing authority that - (a) he has adequate knowledge of the provisions of the Act and the rules made thereunder relating to duties, functions and conduct of drivers of transport vehicles to which the application refers; (b) he possesses a good moral character; and (c) he possesses minimum educational qualification that may be prescribed by the Central Government in this behalf. (4) The holder of a driving licence may at any time apply to the licensing authority in Form T.V.A. for the grant of authorization to drive a transport vehicle. Such application shall be accompanied by – (a) a report of moral character obtained from the police station or the Gazetted officer or Sarpanch of Gram Panchayat or President of Municipal Borough or President of Municipality or Councilor of Municipality Corporation or Member of Legislative Assembly or Member of Parliament of the area in which the applicant resides; (b) a proof of educational qualification as may have been prescribed by the Central Government under sub-section (4) of section 9; (c) a fee for test, prescribed under rule 6, and ; (d) a driving certificate in Form 5 prescribed under the Central Motor Vehicle Rules, 1989 in the case of holder of driving - 22 - licence authorizing him to drive other than transport vehicles. (5) If the licensing authority is satisfied that the applicant is in all respect fit to be granted an authorization to drive a transport vehicle, the driving licence shall be endorsed accordingly. The licensing authority shall then return the driving licence to the applicant thereof, and at the same time, if the driving licence was issued by another licensing authority, send intimation to such licensing authority. The licensing authority shall refuse to grant or countersign the authorization if it finds that applicant is not a fit and proper person to be entrusted with the safe carriage of passengers and their personal luggage or of goods. (6) Notwithstanding anything hereinbefore contained, no person shall be authorized to drive a motor cab or a maxi cab within the limits of the city of Amdavad, Vadodara, Rajkot and Surat unless the appropriate licensing authority is satisfied that such a person has adequate knowledge of the topographic features of that city and has granted the authorization accordingly. 19. Badges of drivers of public service vehicles.- (a) A driver of a public service vehicle shall display on his left chest a badge, in the form illustrated in the Second Schedule appended to these rules, inscribed with the particulars specified in the said Schedule. (b) No driver of a public service vehicle shall display the badge held by him if the authorization to drive such vehicle is suspended or revoked by any authority or if his driving licence has ceased to be valid by efflux of time. 20. Manner of appeals.- (1) An appeal under rule 5 shall be preferred in duplicate in the form of a memorandum, settingforth concisely the grounds of objection to the order against which the appeal is preferred, and shall be accompanied by certified copy of that order and the fee prescribed under rule 6. (2) Any person preferring an appeal shall be entitled to obtain a copy of any document filed with the licensing authority and connected with the order against which he is preferring the appeal, on payment of the fee prescribed under rule 6. (3) The appellate authority may give any person interested in the appeal, a copy of any document connected with the appeal, on payment of the fee prescribed under rule 6. 21. Supply of copies of particulars of driving licence.- A licensing authority may in its discretion supply copies of particulars of driving licence issued by it, to any person who may apply for the same alongwith a fee prescribed under rule 6. 22. Exemption of drivers of road-rollers.- Provisions of Chapter II of the Act shall not apply to the drivers of road-rollers. 23. Maintenance of State Register of Driving Licence.- - 23 - (1) Every licensing authority shall furnish a monthly report in duplicate, containing particulars required by the form of State Register of Driving Licence prescribed by the Central Government, to the Commissioner of Transport or Director of Transport as the case may be, within ten days of the succeeding month. (2) The commissioner of Transport or Director of Transport as the case may be, shall forward a quarterly, compiled report in duplicate, of particulars received from all the licensing authorities, to the Additional Chief Secretary (Transport)/Secretary (Transport), Home Department, within fifteen days of the succeeding month after the concerned quarter. (3) Notwithstanding anything contained in sub-rules (1) and (2) the State Government may from time to time, issue directions to the licensing authorities or to the Commissioner of Transport or Director of Transport as the case may be, for the purpose of carrying into effect the provisions of section 26. - 24 - CHAPTER – III LICENSING OF CONDUCTORS OF STAGE CARRIAGES 24. Licensing Authority.- The licensing authority shall be:- (i) for the Districts of Ahmedabad and Gandhinagar, the Regional Transport Officer, Ahmedabad; (ii) for the Districts of Bhavnagar and Amreli (excluding taluka of Kodinar), the Regional Transport Officer, Bhavnagar; (iii) for the district of Kutch, the Regional Transport Officer, Bhuj. (iv) for the districts of Panchmahals and Dahod, the Regional Transport Officer, Godhra; (v) for the district of Jamnagar, the Regional Transport Officer, Jamnagar; (vi) for the districts of Junagadh and Porbandar, the Regional Transport Officer, Junagadh; (vii) for the districts of Mehsana and Patan, the Regional Transport Officer, Mehsana; (viii)for the districts of Kheda and Anand, the Regional Transport Officer, Nadiad; (ix) for the district of Banaskantha, the Regional Transport Officer, Palanpur; (x) for the district of Rajkot and Surendranagar, the Regional Transport Officer, Rajkot; (xi) for the district of Surat, the Regional Transport Officer, Surat; (xii) for the districts of Vadodara, Bharuch and Narmada, the Regional Transport Officer, Vadodara; (xiii)for the district of Valsad, Navsari and Dangs, the Regional Transport Officer, Valsad; (xiv) for the district of Sabarkantha, the Regional Transport Officer, Himmatnagar; (xv) for the district of Amreli, the Assistant Regional Transport Officer, Amreli; (xvi) for the district of Bharuch, the Assistant Regional Transport Officer, Bharuch; (xvii) for the district of Gandhinagar, the Assistant Regional Transport Officer, Gandhinagar; (xviii) for the Taluka of Bardoli, Vyara, Songadh, Uchchhal, Nizar, Mahuwa, Valod, Palsana and Kamrej, of Surat District, the Assistant Regional Transport Officer, Bardoli; (xix) for the district of Surendranagar, the Assistant Regional Transport Officer, Surendranagar; (xx) for the district of Dahod (excluding Taluka of Devgadh Baria), the Assistant Regional Transport Officer, Dahod; (xxi) for the district of Navsari, the Assistant Regional Transport Officer, Navsari; (xxii) for the district of Narmada, the Assistant Regional Transport Officer, Narmada; - 25 - (xxiii) for the district of Anand, the Assistant Regional Transport Officer, Anand; (xxiv) for the district of Patan, the Assistant Regional Transport officer, Patan; (xxv) for the district of Porbandar, the Assistant Regional Transport Officer, Porbandar. 25. Appellate Authority.- The authority empowered to hear appeals against the orders of licensing authority refusing to issue or renew any conductor’s licence or revoking any conductor’s licence, or disqualifying the holder from holding or obtaining a conductor’s licence under the provisions of sub-section (1) of section 34, shall in the city of Amdavad be the commissioner of Transport or Director of Transport as the case may be, and elsewhere the District Magistrate of the District in which the aggrieved person ordinarily resides. 26. Fees payable under Chapter III of the Act.- The fees to be paid under Chapter III of the Act shall be - (i) in respect of a test for grant of conductor’s licence under rule 30, thirty rupees; (ii) in respect of a replacement of photograph on conductor’s licence under rule 34, twenty rupees; (iii) in respect of a duplicate conductor’s licence under rule 35, ten rupees; (iv) in respect of an appeal under rule 37, eighty rupees; (v) in respect of each copy of any document under rule 37, forty five rupees. 27. Form of communications.- The licensing authority shall communicate with another licensing authority in Form C.L.COM. for the purpose of intimating:- (a) the renewal of conductor’s licence; (b) the revocation of conductor’s licence; (c) the disqualification of a holder of a conductor’s licence; (d) the replacement of a photograph on a conductor’s licence; (e) the change of address. 28. Restriction on the holding of conductor’s licences.- No person shall hold more than one conductor’s licence. 29. Duties, functions and conduct of conductor’s of stage carriages.- The conductor of a stage carriage- (a) shall not loiter or unduly delay upon any journey but shall proceed to the destination in accordance with the time-table pertaining to the trip; (b) shall not smoke while on duty; (c) shall not interface with person mounting or preparing to mount upon any other vehicle; (d) shall not allow any person to be carried in the vehicle in excess of the seating capacity specified in the certificate of registration of the vehicle, and any additional number of passengers permitted to be carried standing under the terms of the permit; - 26 - (e) shall not, save for good and sufficient reason, refuse to carry any person tendering the legal fare; (f) shall not allow any passenger to be carried in the vehicle without payment of the legal fare; Provided that this clause shall not apply to any Government servant or class of Government servants on duty, as the State Government may, from time to time, by notification in the Official Gazette, specify in this behalf. (g) shall not cause or allow anything to be placed in the vehicle in such a manner as to obstruct the entry or exit of passengers; (h) shall not, save for good and sufficient reason, require any person who has paid the legal fare to alight from the vehicle, before conclusion of the journey; (i) shall not be under the influence of any intoxicating drink or of a drug, while duty; (j) shall behave in a civil and orderly manner towards passengers and intending passengers; (k) shall take all reasonable precautions to prevent the goods or the luggage, from being miscarried, spoiled or lost, on the ways; (l) shall be cleanly dressed and in the manner specified by the State Government: Provided that nothing in this clause shall apply to persons lawfully working as conductors in accordance with rule 38. (m) shall maintain the passenger compartments in a clean and sanitary condition during its use in a public place; (n) shall, in the event of the vehicle being unable to proceed to its destination on account of mechanical break down or other cause beyond his control, arrange to convey the passengers to their destination in some other similar vehicle, or, if unable so to arrange within a period of an hour after failure to proceed to the destination, shall on demand, refund to each passenger a proper proportion of the fare relating to the completion of the journey for which the passenger had paid the fare; (o) shall, at the conclusion of every journey, make reasonable search in the vehicle for anything left by any passenger and shall take into his custody anything so found and shall, as soon as may be convenient, hand over the same to the permit holder; (p) shall supply a ticket to a person traveling in the vehicle on the payment of fare by such person; (q) shall, where goods are carried on the vehicle in addition to passengers, take all reasonable precautions to ensure that passengers are not endangered or inconvenienced by presence of the goods; (r) shall issued a ticket, immediately, on payment of legal fare or freight by the passenger; - 27 - (s) shall, on demand by any passenger, produce the complaint book for recording such complaints as the passenger may desire to record therein; (t) shall, 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. 30. Grant of conductor’s licence.- (1) No person shall be granted a conductor’s licence unless he satisfies the licensing authority that - (i) he has adequate knowledge of the provisions of the Act and rules made thereunder relating to the duties and function of a conductor; (ii) the applicant possesses a good moral character; (iii) the applicant possesses a valid Adult First Aid certificate issued by St. John Ambulance Association (India); and (iv) he has passed the New Secondary School Certificate Examination conducted by Gujarat Secondary Education Board or an equivalent or higher examination: Provided that nothing in the clause shall apply to any person who is in possession of a conductor’s licence immediately before these rules come into force. (2) An application for a conductor’s licence shall be made in Form L.Con. A. such application shall be accompanied by – (a) a proof of age and educational qualification; (b) a valid Adult First Aid Certificate issued by St.John Ambulance Association (India); (c) a medical certificate in From M.C.Con. issued by a registered medical practitioner having a minimum qualification of a bachelor’s degree in medical and surgery ordinarily known as M.B.B.S. and practicing in the State of Gujarat and containing the following particulars regarding the medical practitioner - (i) Name and address in brief; (ii) The name of the clinic, if any; (iii) Telephone no, if any; (iv) Medical qualification; (v) Registration number under the Gujarat Medical Council Act, 1967; (d) a report of moral character obtained from the police station of the area in which the applicant resides; (e) three copies of recent passport photograph; (f) a fee for test, prescribed under rule 26; Provided that the licensing authority may decline to accept the aforesaid report or the medical certificate, granted more than one year before the date of application. - 28 - (3) Any officer of the Motor Vehicles Department of and above the rank of an Assistant Inspector of Motor Vehicles shall be the authority to conduct a test for the grant of conductor’s licence : Provided that it shall be competent for the licensing authority or for any person nominated by it in that behalf to have more than one test. (4) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to act as a conductor of a stage carriage, the licensing authority shall issue the applicant a conductor’s licence in Form L.Con. on payment of fees specified in sub-section (5) of section 30, unless the applicant is for the time being disqualified for holding or obtaining a conductor’s licence. 31. Badge of conductors of stage carriages.- (1) A conductor of stage carriage shall display on his left chest a badge, in the form illustrated in the Second Schedule, inscribed with the particulars specified in the said Schedule. (2) No conductor of a stage carriage shall display the badge held by him if his conductor’s licence is suspended or revoked by any authority or if his conductor’s licence has ceased to be valid by efflux of time. 32. Currency of conductor’s licence.- A conductor’s licence issued or renewed under the Act or the rules made thereunder shall - (i) if the person obtaining the licence, either originally or on renewal thereof, has not attained the age of fifty years on the date of issue or, as the case may be, renewal thereof - (a) be effective for period of twenty years from the date of such issue or renewal, or (b) until the date on which person attains the age of fifty years, whichever is earlier. (ii) if the person referred to in clause (i) has attained the age of fifty years on the date of issue or as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal: Provided that every conductor’s licence shall not withstanding its expiry under this rule, continue to be effective for a period of thirty days from such expiry. 33. Renewal of conductor’s licence.- (1) Any licensing authority may, on an application made to it in Form L.Con.R. renew a conductor’s licence with effect from the date of its expiry : Provided that in any case where the application for the renewal of a licence is made more thirty days after the date of its expiry, the licence shall be renewed with effect from the date of its renewal: Provided further that where the applicant has attained the age of forty years, the application shall be accompanied by the - 29 - medical certificates in Form M.C.Con. and the valid Adult First Aid Certificate, issued by St.John Ambulance Association (India). (2) Where the authority renewing the conductor’s licence is not the authority which issued the licence, it shall intimate the fact of renewal to the authority which issued the licence. (3) Every application for renewal of a conductor’s licence shall be accompanied by a fee specified under sub-section (5) of section 30. 34. Replacement of the photograph.- (1) Where at any time it appears to a licensing authority that the photograph affixed to any conductor’s 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 two clear copies of recent photograph of himself. (2) Where, at any time, if a holder of a conductor’s licence so desires, a licensing authority may replace the photograph on his licence by a recent photograph of himself. (3) Upon the receipt of the copies of photograph as provided in sub- rule(1) or sub-rule(2), the licensing authority shall remove the old photograph from the licence, and shall affix and seal thereto one copy of new photograph, and note the date of such replacement, and return the licence to the holder, and shall, if it is not the licensing authority by which the licence was issued, forward the second copy of the photograph to that authority. (4) The fee for replacing a photograph under this rule shall be as provided in rule 26 and shall be paid alongwith the photograph and application. 35. Issue of duplicate conductor’s licence.- (1) Where at any time a conductor’s licence is lost, destroyed, torn, defaced or mutilated, the holder shall forthwith report the matter to the original licensing authority and shall apply for issue of a duplicate licence, in From C.L.D. along with the fee prescribed under rule 26, and two clear copies of a recent photograph of himself. (2) Upon the receipt of such report the licensing authority shall, after making such enquiries as it may think fit, if satisfied that a duplicate may properly be issued, issue a duplicate licence duly stamped “Duplicate” in red in and the date of issue of the duplicate: Provided that where subsequent to the issue of a duplicate licence, it is found that there has been a endorsement by a Court since the date of the grant or last renewal of the licence, it shall be lawful for the licensing authority to call for the duplicate licence and make the necessary endorsement thereon. (3) Where a duplicate licence has been issued upon representation that a licence has been lost, and the original licence is afterwards - 30 - found or received by the holder, the holder shall immediately return the duplicate licence to the issuing authority. (4) If at any time it appears to an Inspector of Motor Vehicles or to a licensing authority that a conductor’s licence held by any person is so torn, defaced or mutilated in any way as to cease to be reasonably legible, such Inspector of Motor Vehicles or the authority may, by order in writing, impound the conductor’s licence and require the holder, to obtain a duplicate conductor’s licence. 36. Change of address.- (1) If the holder of conductor’s licence ceases to reside the address recorded in the conductor’s licence, he shall, within thirty days of any such change of address, intimate his new address, to the licensing authority by which the licence was issued, and if the new address is within the jurisdiction of another licensing authority to that other licensing authority. (2) Upon the receipt of such intimation, if it is not the licensing authority by which the licence was issued, the licensing authority shall intimate the change of address to that authority. 37. Manner of appeals.- (1) An appeal under rule Chapter III of the Act shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order against which the appeal is preferred, and shall be accompanied by certified copy of that order and the fee prescribed under rule 26. (2) Any person preferring an appeal shall be entitled to obtain a copy of any document filed with the licensing authority and connected with the order against which he is preferring the appeal, on payment of the fee prescribed under rule 26. (3) The appellate authority may give any person interested in the appeal, a copy of any document connected with the appeal, on payment of the fee prescribed under rule 26. 38. Exemption from the provisions of sub-section (1) of section 29.- (1) Where in an emergency it becomes difficult for the permit holder to provide for a conductor for his stage carriage, or where a conductor on duty, for reasons beyond his control, cannot perform his duties, the driver of a stage carriage may, for a period not exceeding on month, act as conductor of the stage carriage without holding a conductor’s licence required under section 29. (2) Any person other than a driver of a stage carriage may act as a conductor without holding a conductor’s licence, for a period not exceeding one month. Provided that - (a) he intimates in writing, his intention to do so to the licensing authority within whose jurisdiction he intends to act as conductor, - 31 - (b) he is not disqualified for holding or obtaining a conductor’s licence, and (c) he as not on previous occasions acted as conductor without a licence for a total period exceeding one month. 39. Effectiveness of conductor’s licence issued in another State.- Any person can act as a conductor on the stage carriage of another State and operating within this State under any reciprocal agreement with that State or under the countersignature of stage carriage permit, if such person holds a valid conductor’s licence issued in that State and the person complies with the provisions of rule 29 while the stage carriage is being operated in this State. - 32 - CHAPTER – IV REGISTRATION OF MOTOR VEHICLES 40. Registering Authority.- The Registering authority shall be- (i) for the Districts of Ahmedabad and Gandhinagar, the Regional Transport Officer, Ahmedabad; (ii) for the Districts of Bhavnagar and Amerli (excluding taluka of Kodinar), the Regional Transport Officer, Bhavnagar; (iii) for the district of Kutch, the Regional Transport Officer, Bhuj; (iv) for the districts of Panchmahals and Dahod, the Regional Transport Officer, Godhara; (v) for the district of Jamnagar, the Regional Transport Officer, Jamnagar; (vi) for the districts of Junagadh and Porbandar, the Regional Transport Officer, Junagadh; (vii) for the districts of Mehsana and Patan, the Regional Transport Officer, Mehsana; (viii)for the districts of Kheda and Anand, the Regional Transport Officer, Nadiad; (ix) for the district of Banaskantha, the Regional Transport Officer, Palanpur; (x) for the district of Rajkot and Surendranagar, the Regional Transport Officer, Rajkot; (xi) for the district of Surat, the Regional Transport Officer, Surat; (xii) for the district of Vadodara, Bharuch and Narmada, the Regional Transport officer, Vadodara; (xiii)for the district of Valsad, Navsari and Dangs, the Regional Transport officer, Valsad; (xiv) for the district of Sabarkantha, the Regional Transport officer, Himmatnagar; (xv) for the district of Amreli, the Assistant Regional Transport Officer, Amreli; (xvi) for the district of Bharuch, the Assistant Regional Transport Officer, Bharuch; (xvii) for the district of Gandhinagar, the Assistant Regional Transport officer, Gandhinagar; (xviii) for the Taluka of Bardoli, Vyara, Songadh,Uchchhal, Nizar, Mahuwa, Valod, Palsana and Kamrej, of Surat District, the Assistant Regional Transport Officer, Bardoli; (xix) for the district of Surendranagar, the Assistant Regional Transport Officer, Surendranagar; (xx) for the district of Dahod (excluding Taluka of Devgadh Baria), the Assistant Regional Transport Officer, Dahod; (xxi) for the district of Navsari, the Assistant Regional Transport Officer, Navsari; (xxii) for the district of Narmada, the Assistant Regional Transport Officer, Narmada; - 33 - (xxiii) for the district of Anand, the Assistant Regional Transport Officer, Anand. (xxiv) for the district of Patan, the Assistant Regional Transport Officer, Patan; (xxv) for the district of Porbandar, the Assistant Regional Transport Officer, Porbandar. 41. Appellate Authority.- (1) The authority to hear appeals against any appealable order other than an under Chapter III of Central Motor Vehicle Rules, 1989, passed by a registering authority under Chapter IV of the Act shall be, the commissioner of Transport or Director of Transport as the case may be. (2) The authority to hear appeals against any order under section 53, passed by any other authority prescribed under rule 42 shall be, the registering authority having jurisdiction in the area in which the order was passed. (3) The authority to hear appeals against any appealable order passed by an Inspector of Motor Vehicles or an authorized testing station under section 56 in respect of a certificate of fitness shall be, the registering authority having jurisdiction in the area in which the order was passed. 42. The other authority to suspend certificate of registration.- The other authority to suspend certificate of registration under section 53, shall be- (i) any police officer not below the rank of an Sub-Inspector of Police; (ii) any officer of the Motor Vehicles Department, of and above the rank of an Assistant Inspector of Motor Vehicles. 43. Fees payable under Chapter IV of the Act.- The fees to be paid under Chapter IV of the Act shall be- (i) in respect of an appeal under sub-rule (1) of rule 41, one hundred rupees; (ii) in respect of each copy of any document under sub-rule (2) and sub-rule (3) of rule 58, forty five rupees; (iii) in respect of facility provided under rule 46, fifty rupees per motor vehicle; (iv) in respect of extension of validity of certificate of fitness under sub-rule (2) of rule 51, one hundred rupees; (v) in respect of certificate of temporary registration or each of its extension thereof under sub-rule (1) of rule 52, one hundred rupees; (vi) in respect of duplicate copy of certificate of temporary registration, fifty rupees; (vii) in respect of duplicate copy of certificate of fitness, half of the fee mentioned in serial No.11 of Table annexed to rule 81 of the Central Motor Vehicle rules, 1989; - 34 - (viii) in respect of each copy of particulars of registration of each vehicle under rule 59, forty five rupees; (ix) in respect of notice of alteration in motor vehicles under rule 53, one hundred rupees. 44. Exemption from payment of fees.- (1) The State Government may, if it is of opinion that it is in the public interest so to do, by general or special order exempt, totally or partially, any Government Department, local authorities, associations or bodies of individuals, from payment of the f
