Motor Vehicles Act Section 91 — Restriction of hours of work of drivers
CHAPTER V CONTROL OF TRANSPORT VEHICLES
Civil
Summary
Sub-section (1) sets the working hours for anyone employed to drive a transport vehicle. These hours are to be the same as those laid down in the Motor Transport Workers Act, 1961.
Sub-section (2) allows a State Government to grant exemptions from the working-hour rules in sub-section (1). It can do this by publishing a notification in the Official Gazette, and it may grant such exemptions to deal with emergencies or delays caused by circumstances that could not have been foreseen.
Sub-section (3) allows a State Government, or the State or Regional Transport Authority if authorised by the State Government through rules made under section 96, to require employers to fix the working hours of their employees in advance so that those hours conform to the rules in sub-section (1). It also allows for a system to record the hours that have been fixed.
Sub-section (4) states that no person may work, or cause or allow any other person to work, beyond the hours that have been fixed and recorded under sub-section (3).
Sub-section (5) allows a State Government to prescribe the circumstances and the period during which a driver, although not actually working, is required to remain on or near the vehicle. In such cases, this time may be treated as an interval for rest within the meaning of sub-section (1).
Official Text
1[
(1) The hours of work of any person engaged for operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961 (27 of 1961).]
(2) A State Government may, by notification in the Official Gazette, grant such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which could not be foreseen.
(3) A State Government or, if authorised in this behalf by the State Government by rules made under section 96, the State or a Regional Transport Authority may require persons employing any person whose work is subject to any of the provisions of sub-section (1) to fix beforehand the hours of work of such persons so as to conform to those provisions, and may provide for the recording of the hours so fixed.
(4) No person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons under sub-section (3).
(5) A State Government may prescribe the circumstances under which and the period during which the driver of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of sub-section (1).