Motor Vehicles Act Section 87 — Temporary permits
CHAPTER V CONTROL OF TRANSPORT VEHICLES
Civil
Summary
Sub-section (1) allows a Regional Transport Authority or the State Transport Authority to grant temporary permits without following the usual procedure under section 80. These permits are valid for a limited period, which cannot exceed four months, and they authorise the use of a transport vehicle temporarily for specific purposes. The authority may attach any conditions it thinks fit to such a permit.
Under clause (a) of sub-section (1), a temporary permit can be granted for carrying passengers on special occasions, such as travel to and from fairs and religious gatherings. Under clause (b), it can be granted for the purposes of a seasonal business. Under clause (c), it can be granted to meet a particular temporary need. Under clause (d), it can be granted while a decision is pending on an application for the renewal of a permit.
The proviso to sub-section (1) states that, in the case of goods carriages, the Regional Transport Authority or State Transport Authority may, under exceptional circumstances and with reasons recorded in writing, grant a permit for a period exceeding four months, but not exceeding one year.
Sub-section (2) overrides sub-section (1) in certain situations. Under clause (i) of sub-section (2), a temporary permit may be granted for a route or area where no permit could be issued under sections 72, 74, 76, or 79 because a court or other competent authority has restrained the issue of permits. The temporary permit is valid for a period not exceeding the period for which the issue of the permit has been restrained.
Under clause (ii) of sub-section (2), a temporary permit may be granted for a route or area where, due to a court or other competent authority suspending the permit of a vehicle, there is no transport vehicle of the same class with a valid permit in that route or area, or there is no adequate number of such vehicles. The temporary permit is valid for a period not exceeding the period of such suspension.
The proviso to sub-section (2) states that the number of transport vehicles for which temporary permits are granted under this sub-section shall not exceed the number of vehicles for which the issue of permits has been restrained or, as the case may be, the permit has been suspended.
Official Text
(1) A Regional Transport Authority and the State Transport Authority may without following the procedure laid down in section 80, grant permits, to be effective for a limited period which shall, not in any case exceed four months, to authorise the use of a transport vehicle temporarily—
(a) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings, or
(b) for the purposes of a seasonal business, or
(c) to meet a particular temporary need, or
(d) pending decision on an application for the renewal of a permit, and may attach to any such permit such condition as it may think fit:
Provided that a Regional Transport Authority or, as the case may be, State Transport Authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding four months, but not exceeding one year.
(2) Notwithstanding anything contained in sub-section (1), a temporary permit may be granted thereunder in respect of any route or area where—
(i) no permit could be issued under section 72 or section 74 or section 76 or section 79 in respect of that route or area by reason of an order of a court or other competent authority restraining the issue of the same, for a period not exceeding the period for which the issue of the permit has been so restrained; or
(ii) as a result of the suspension by a court or other competent authority of the permit of any vehicle in respect of that route or area, there is no transport vehicle of the same class with a valid permit in respect of that route or area, or there is no adequate number of such vehicles in respect of that route or area, for a period not exceeding the period of such suspension:
Provided that the number of transport vehicles in respect of which temporary permits are so granted shall not exceed the number of vehicles in respect of which the issue of the permits have been restrained or, as the case may be, the permit has been suspended.