Motor Vehicles Act Section 76 — Application for private service vehicle permit

CHAPTER V CONTROL OF TRANSPORT VEHICLES

Civil

Summary

Sub-section (1) allows a Regional Transport Authority to grant a private service vehicle permit when someone applies for one. The Authority can either grant the permit exactly as applied for, grant it with changes it considers appropriate, or refuse to grant it altogether. However, the Authority cannot grant a permit for any area or route that was not mentioned in the application.

Sub-section (2) lists what an application for a private service vehicle permit must include. Under clause (a), the application must state the type of vehicle and its seating capacity. Under clause (b), it must specify the area or the route or routes the application covers. Under clause (c), it must explain how the vehicle will serve the purpose of carrying people for reasons other than hire or reward, or in connection with the applicant's own trade or business. Under clause (d), it must include any other details that may be prescribed by rules.

Sub-section (3) allows the Regional Transport Authority, if it decides to grant the permit, to attach one or more conditions to it, subject to any rules made under the Act. Under clause (i), a condition may require that the vehicle be used only in a specified area or on a specified route or routes. Under clause (ii), a condition may set the maximum number of persons and the maximum weight of luggage that can be carried. Under clause (iii), a condition may allow the Authority, after giving at least one month's notice, to change the conditions of the permit or add further conditions to it. Under clause (iv), a condition may require that the permit's conditions not be deviated from without the Authority's approval. Under clause (v), a condition may require that specified standards of comfort and cleanliness be maintained in the vehicle. Under clause (vi), a condition may require the permit holder to provide the Authority with periodic returns, statistics, and other information as specified by the State Government from time to time. Under clause (vii), a condition may include any other conditions that may be prescribed by rules.

Official Text

(1) A Regional Transport Authority may, on an application made to it, grant a private service vehicle permit in accordance with the application or with such modification as it deems fit or refuse to grant such permit:

Provided that no such permit shall be granted in respect of any area or route not specified in the application.

(2) An application for a permit to use a motor vehicle as a private service vehicle shall contain the following particulars, namely:—

(a) type and seating capacity of the vehicle;

(b) the area or the route or routes to which the application relates;

(c) the manner in which it is claimed that the purpose of carrying persons otherwise than for hire or reward or in connection with the trade or business carried on by the applicant will be served by the vehicle; and

(d) any other particulars which may be prescribed.

(3) The Regional Transport Authority if it decides to grant the permit may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:—

(i) that the vehicle be used only in a specified area or on a specified route or routes;

(ii) the maximum number of persons and the maximum weight of luggage that may be carried;

(iii) that the Regional Transport Authority may, after giving notice of not less than one month—

(a) vary the conditions of the permit;

(b) attach to the permit further conditions;

(iv) that the conditions of permit shall not be departed from, save with the approval of the Regional Transport Authority;

(v) that specified standards of comforts and cleanliness shall be maintained in the vehicle;

(vi) that the holder of the permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may, from time to time, specify; and

(vii) such other conditions as may be prescribed.