APPENDIX,s

1.	Short title and commencement	2	Keep left.
3.	Turning to left and right.	4.	Passing to right.
5.	Passing to the left.	6.	Overtaking prohibited in certain cases.
7.	Overtaking not to be obstructed.	8.	Caution at road junction.
9.	Giving way to traffic at road junction.	10.	Fire service vehicles and ambulance to be given free passage.
11.	Right of way.	12.	Taking ‘U’ turn.
13.	Signals to be given by drivers.	14.	Direction indicator.
15.	Parking of the vehicle.	16.	Visibility of lamps and registration marks.
17.	One way traffic A driver shall not	18.	Driving on channelised roads (lane traffic)
19.	Stop sign on road surface	20.	Towing
21.	Use of horns and silence zones.	22.	Traffic signs and traffic police.
23.	Distance from vehicles in front.	24.	Abrupt brake.
25.	Vehicles going uphill to be given precedence.	26.	Obstruction of driver.
27.	Speed to be restricted.	28.	Driving of tractors and goods vehicles.
29.	Projection of loads.	30.	Restriction on carriage of dangerous substances.
31.	Restriction on driving backwards.	32.	Production of documents A person driving a vehicle.

APPENDIX (C) Solatium Scheme, 1989	[CONTENTS]	FORM

APPENDIX (D) Overall Dimensions of Motor Vehicles (Prescription of

Conditions for Exemption) Rules, 1991

APPENDIX (E) Motor Vehicles (ALL India Permit for Tourism Transport operators) Rules, 1993

APPENDIX (F) Driving Licence (Conditions for Exemption) Rules 1992

APPENDIX (G) Specifications of type of vehicles in registration certificate

APPENDIX (H) Maximum speed limit in a public place

APPENDIX (I) Assignment of registration mark on vehicles for various States and Union territories at a glimpse

APPENDIX (J) Maximum safe laden weights and maximum safe axle weights for vehicles other than a motor cab

APPENDIX (A)

RENT-A-CAB SCHEME, 1989

IS.O. 437(E), dated 12-6-1989]¹

1. Published in the Gazette of India, Extraordinary, Part II, s. 3(ii) dt. 12-6-1989.

In exercise of the powers conferred by sub-section (1) of section 75 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby makes the following scheme for regulating the business of renting of motor cabs to persons desiring to drive the cabs for their own use and matters connected therewith, namely: -

1. Short title, commencement and application

(1) This scheme may be called Rent-a-Cab Scheme, 1989.

(2) It shall come into force on the first day of July 1989.

(3) It shall apply to all motor cabs to which tourist permits have been issued under

sub-section (9) of section 88 of the Act and operating under a licence granted in terms of Para 6.

2. Definitions. -In this section unless the context otherwise requires:

(a) “Act” means Motor Vehicles Act, 1988 (59 of 1988));

(b) “Form” means a Form appended to this Scheme;

(c ) Licence” means a licence granted or renewed under paragraph 6 to engage in the business of renting of motor cabs to persons desiring to drive the cabs ¹[*** ]for their own use,-

(d) “Licensing authority” means the State Transport Authority constituted under sub-section (1) of section 68 of the Act;

(e) “Operator” means the holder of a permit issued under sub-section (9) of section 88 of the Act in respect of not less than 50 motor cabs.

2. Omitted by SO. No. 808(E) dt. 28-11-1991 w.e.f. 28-11-1991.

3. Licensing of operator. -No person shall engage himself in the business of renting a motor cab under this scheme without a licence.

4. Application for grant or renewal of licence:

(1) An application for the grant or renewal of a licence under paragraph 6 shall be made in Form 1 to the licensing authority having jurisdiction in the area in which he resides or has his principal place of business (hereinafter referred to as main office) and shall be accompanied by a fee of rupees five thousand.

(2) Where the applicant has, besides the main office, branch office within the jurisdiction of the licensing authority referred to in clause (1), the application shall indicate such place with the number of motor cabs proposed to be stationed at each such Place.

(3) Wheretheapplicanthasbranchofficesoutsidethejurisdictionofthelicensing authority, the application shall be made to the licensing authority in whose jurisdiction the branch office is situated, in Form 2 accompanied by a fee of rupees one thousand in respect of each such branch office.

5. Scrutiny of application:

A licensing authority shall, before granting or renewing a licence take into consideration the following namely,-

(i) That applicant has a good moral character and has intimate knowledge of passenger transport business;

(ii) That the moral office or the branch office of the applicant is either owned by the applicant or is taken on lease by him or is hired in his name and it has adequate space for reception room, administrative section, cloak room with locker facilities, sanitary blocks, ¹[adequate parking space] for the motor cabs; -

(iii) That the applicant has necessary facilities for the housing, maintenance and repair of his vehicles”

(iv) That the applicant has at least one telephone, which is accessible throughout day and night;

(v) That the applicant has ¹[branch offices or sub-licensee offices] with telephones, in not less than 5 cities of tourist importance with facilities for housing, maintenance and repair of vehicles;

(vi) That the final resources of the applicant are sufficient to provide for the continued maintenance of motor cabs and for the efficient management of the establishment;

(vii) That the applicant maintains not less than 50 motor cabs of which 50 percent are air-conditioned duly covered by permits issued under subsection (9) of section 88 of the Act with comprehensive insurance, fitness certificate, motor vehicles tax paid up to date:

PROVIDED that in the case of licence for a branch office situated in a place Outside the jurisdiction of the licensing authority, it shall be sufficient, if such branch office maintains not less than five motor cabs.

1. Substituted by SO No. 808 (E) dt. 28-11-1991 w.e.f. 28-11-1991.

6. Grant of licence. -The licensing authority may, on receipt of an application under paragraph 4 and after satisfying himself that the applicant has complied with requirement of paragraph 5, grant or renew the licence in Form 3 or, as the case may be, in Form 4:

PROVIDED that no application for a licence shall be refused by the licensing authority unless the applicant is given an opportunity of being heard and reasons for such refusal are given in writing by the licensing authority.

7. Duration of licence. -A licence granted or renewed under paragraph 6 shall be valid for a period of five years from the date of grant or renewal:

PROVIDED that in the case of licences in respect of branch offices referred to under clause (3) of paragraph 4, the validity of such licence shall be restricted to the validity of the licence granted in respect of main office.

8. General conditions to be observed by the holder of the licence:

The holder of a licence shall-

(i) Maintain a register with a separate page for such vehicle containing the particulars specified in Form 5 and where a motor cab is hired by a foreign national shall maintain a register in Form 6;

(ii) Not shift the principal place of business mentioned in the licence without the prior approval in writing of the licensing authority which granted the licence;

(ii) Keep the premises and all the records and registers maintained and the motor cabs open for inspection at all reasonable times by the licensing authority or by any person not below the rank of motor vehicle inspector as may be authorised in this behalf by the licensing authority;

(iv) Submit from time to time, to the licensing authority such information and return as may be called for by it;

(v) Display at a prominent place in its main office and its branch office, the licence issued in original and certified copies thereof, attested by the licensing authority;

(vi) Maintain in their main office and branch office at a conspicuous place complaint book” in Form 7 with serially numbered pages in triplicate. The licensees shall dispatch the duplicate copy of compliant, if any, to the licensing authority by registered post expeditiously and in any case not later than 3 days-

(vii) Maintain a suggestion box in the main office and branch offices and forward their suggestions received with their comments, if any, to the licensing authority, once a month;

(viii) where lie is having a foreign collaboration with the approval of the government, this fact should be displayed in the office premises, with the specific approval of Department of Tourism of the Central Government.

9. Collection of hire charges. -The holder of a licence shall collect the hire charges from a foreign national or a non-resident Indian only in foreign exchange and shall hold for the purpose a licence to transact in foreign exchange.

10. Duties and responsibilities of hirers of motor cabs:

(1) It shall be the duty of every hire, to keep the holder of the licence informed of his movements from time to time.

(2) If an individual or company has hired the vehicles as a leader of the tourist party it shall be the duty of such leader of the party to keep the holder of the licence informed of the movement of each vehicle, from time to time.

¹[(3) If a hirer so desires, he may engage a person possessing a valid driving licence

to drive the vehicle so hired during the period of the hire agreement].

1. Inserted by SO No. 80.(E) dt. 28-11-1991, w.e.f. 28-11-1991.

11. Power of licensing authority to suspend or cancel the licence:

(1) If the licensing authority is satisfied after giving the holder of the licence an opportunity of being heard, that he has-

(a) Failed to comply with the provisions of paragraphs 8 or 9;or

(b) Failed to maintain the motor cab in compliance with the provisions of the Act and Rules; or

(d) any complaint against the licensee by any hirer has been proved beyond reasonable doubt;

(i) Suspend the licence for a specified period, or

(ii) Cancel the licence.

(2) Where the licence is liable to be cancelled or suspended and the licensing authority is of opinion that having regard to the circumstances of the case, it would not be necessary or expedient to cancel or suspend the licence, if the holder of the licence agrees to pay the fine that may be imposed by the licensing authority, then notwithstanding anything contained in clause (1) the licensing authority ]nay instead of cancelling or suspending the licence, as the case may be, recover from the holder of the licence, the slid fine.

(3) For the purpose of recovery of the sum of money agreed upon, the State Government may, by notification in the Official Gazette, specify the amount recoverable for each day of suspension and the amount recoverable in lieu of cancellation of the licence and specify the time within which the sum of money agreed upon is payable failing which the order passed under clause (1) shall be implemented.

(4) When the licence is suspended or can celled under clause (1), the holder of the licence shall surrender the licence to the licensing authority.

12. Appeal. -Any person aggrieved by any order of the licensing authority under paragraph 6 or paragraph 11, may within 30 days of the receipt of the order, appeal to the State Transport Appellate Tribunal.

13. Procedure for appeal. -

(1) An appeal under rule 12 shall be preferred in duplicate in the form of a memorandum setting forth the ground of objections to the order of the licensing authority and shall be accompanied by a fee as may be specified by the State Government, by notification, in the Official Gazette.

(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 necessary, pass appropriate orders.

14. Voluntary surrender of the licence. -The holder of a licence may at any time surrender the licence issued to him to his licensing authority, which granted the licence, and, on such surrender, the licensing authority shall cancel the licence. The holder of the licence before surrendering the licence shall clear the dues referred to in clause (2) of paragraph 11.

FORM 1

[Para 4(l)]

APPLICATION FOR GRANT/RENEWAL OF LICENCE FOR RENTING MOTOR CABS

IN RESPECT OF MAIN OFFICE

The State Transport Authority,

................... State/UT

I, the undersigned, hereby apply for a licence for renting motor cabs in the State of .................

1. Full name……………………………………………………………………

Son/wife/daughter of…………………………………………………………

2. (a) Full address:………………………………………………………..

(b) Telephone No……………………………………………………….

3. Age………………………….

4. (a) Experience in the management of transport business.

(b) No. of motor cabs held with valid permits.

5. Particulars of licence, if already held.

6. (a) Place where the applicant has his main office with detailed address.

(b) Place where the applicant has his branch office with detailed address.

Name of towns(s)

7. Nature and extent of financial resources of the applicant.

8. Particulars of motor cabs owned along with details of registration mark.

9. Full description of the place where the business is to be carried on:

(a) Location, open area, covered area.

(b) Any other particulars.

10. I am conversant with the conditions for carrying the business of renting of motor cabs.

11. I hereby declare that to the best of my knowledge and belief the particulars given above are correct and true.

The prescribed fee of rupees five thousand is paid by *………

Place:

Date: Signature of applicant

*Indicate mode of payment here

FORM 2

[Para 4(3)]

APPLICATION FOR GRANT/RENEWAL OF LICENCE FOR RENTING OF MOTOR

CABS OF BRANCH OFFICE IN ANOTHER STATE

The State Transport Authority,

................ State/UT

I, the undersigned, hereby apply for a licence for renting motor cabs in a branch office in the State of………..

1. Full name……………………………………………………………………

Son/wife/daughter of…………………………………………………………

2. Full address (branch office) Telephone No…………………………………..

3. Age.……………………..

4. (a) Experience in the management of transport business.

(b) Number of motor cabs held with valid permits in the proposed branch office

5. Particulars of licence, held for main office-

(a) Authority which granted the licence.

(b) Date of issue.

6. Place where the applicant has main office……………

7. Nature and extent of financial resources of the applicant.

8. Particulars of motor cabs owned with details of permits, registration number, etc.

9. Full description of branch office where the business is to be carried on-

(a) Location, open area, covered area

(b) Any other particulars.

10. I hereby declare that to the best of my knowledge and belief the particulars

given above are correct and true.

The prescribed fee Of rupees one thousand is paid by*…………

Place:

Date: Signature of applicant

*Indicate the mode of payment here

FORM 3

[Para 6]

LICENCE FOR RENTING MOTOR CABS FROM MAIN OFFICE

Name of the operator:

Son /wife/daughter of

Full address of the place of business:

Registration mark of motor cabs authorised for renting

Main Office Branch Office

1._____________________ 2. _____________________ 3. _________________

4. _____________________ 5. _____________________ 6. _________________

7. _____________________ 8. _____________________ 9. _________________

10. ____________________11. _____________________ 12. ________________

is licensed to rent motor cab.

This licence is issued on………. and is valid up to………..

State Transport Authority

......... State/UT

Renewal

Renewed from ……………to………………

State Transport Authority

.................. State/UT

FORM 4

[Para 6]

LICENCE FOR RENTING MOTOR CABS FROM BRANCH OFFICE

Name of the operator:

Son/wife/daughter of

Full address of the branch office………..

Address where the main office is situated……….

Licence number and the authority which issued the licence with its date of expiry ………Registration mark of motor cabs autliorised for renting in the branch office is licensed to rent motor cabs.

The licence is issued on……….and is valid tip to……..

State Transport Authority

............. State/UT.

Renewal

Renewed from………………… to………………….

State Transport Authority

............................. State/UT

FORM 5

[Para 6]

REGISTER TO BE MAINTAINED BY RENT-A-MOTOR CAB LICENSEE

Sl. no.	Name Of hirer	Full address	Telephone No. if any	Motor driving licence no.
1	2	3	4	5

Issued by Authority)	Class of vehicle	Date of issue	Date of expiry	Date and time of hire
6	7	8	9	10

Date and time of returning vehicle	Motor vehicle used for Total kilometers	Signature of hirer	Remarks
11	12	13	14

FORM 6

[Para 8 (i)]

REGISTER TO BE MAINTAINED BY RENT-A-MOTOR CAB LICENSEEIN CASE

WHERE MOTOR CAB IS HIREDTO FOREIGNER

SI.No.	Name of hirer	Full address	Telephone no. if any	Motor driving licence no.	Issued by (Authority)	Class of vehicle
1	2	3	4	5	6	7

Date of issue	Date of expiry	Passport no.	Issued by authority and State/Nation	Date of issue of passport	Date of expiry	Date of birth as per passport
8	9	10	11	12	13	14

Driving permit No. if any	Date of issue of driving permit	Class of vehicle authorised to drive	Date and time of hire	Date and time of returning vehicle	Motor vehicle used for total kms.	Signature of hirer	Remarks
15	16	17	18	19	20	21	22

FORM 7

[Para 8(vi)]

COMPLAINT BOOK

(With pages serially numbered in triplicate)

1 . Name of the complainant:

2. Full address:

3. The name and address of the holder of the licence for ‘Rent-a-Cab’.

4. Licence number, and the authority which issued the licence

5. The date and time of hiring the vehicle and date and time when the vehicle was returned

6. Vehicle number

Complaint in brief:

Date: Signature

Place:

1. The State Transport Authority by registered post .......... (Duplicate copy)

2. The complainant ......... (Triplicate copy)

APPENDIX (B)

[S.O. 439(E), dated 12-6-1989]¹

RULES OF THE ROAD REGULATIONS, 1989

1 Published in the Gazette of India, Extr. Part II, section 3(ii) dt. 12-6-1989.

In exercise of the powers conferred by section 118 of the Motor Vehicles Act, 1988

(59 of 1988) the Central Government hereby make the following regulations for the

driving of motor vehicles, namely:-

1. Short title and commencement

(1) These regulations may be called the Rules of the Road Regulations, 1989.

(2) They shall come into force on the first day of July, 1989.

2. Keep left. -The driver of a motor vehicle shall drive the vehicle at close to the left side of the road as may be expedient and shall allow all traffic which is proceeding in the opposite direction to pass on his right hand side.

3. Turning to left and right. -The driver of a motor vehicle shall:

(a) When turning to the left, drive as close as may be to the left hand side of the road from which he is making the turn and of the road which he is entering;

(b) When turning to the right draw as near as may be to the centre of the road along which fie is travelling and arrive as near as may be at the left hand side of the road which the driver is entering.

4. Passing to right. -Except as provided in regulation 5, the driver of a motor vehicle shall pass to the right of all traffic proceeding in the same direction as himself.

5. Passing to the left. -The driver of a motor vehicle may pass to the left of a vehicle the driver of which having indicated an intention to turn to the right has drawn to the centre of the road and may pass on either side, a tram car or other vehicle running on fixed rail whether travelling in the same direction as himself or otherwise provided that in no case shall he pass a tram car at a time or in a manner likely to cause danger or inconvenience to other users of the road including persons leaving or about to enter tram cars.

6. Overtaking prohibited in certain cases. -The driver of a motor vehicle shall not pass a vehicle traveling in the same direction as himself,

(a) If his passing is likely to cause inconvenience or danger to other traffic proceeding in any direction;

(b) If he is near a point, a bend or corner or a hill or other obstruction of any kind that renders the road ahead not clearly visible;

(d) If the driver ahead of him has not signalled that he may be overtaken.

7. Overtaking not to be obstructed. -The driver of a motor vehicle shall not, when being overtaken or being passed by another vehicle, increase speed or do anything in any way to prevent the other vehicle from passing him.

8. Caution at road junction. -The driver of a motor vehicle shall slow down when approaching at a road intersection, a road junction, pedestrian crossing or a road corner, and shall not enter any such intersection, junction or crossing until he has become aware that he may do so without endangering the safety of persons thereon.

9. Giving way to traffic at road junction. -The driver of a motor vehicle shall, on entering road intersection at which traffic is not being regulated, if the road entered is a main road designated as such, give way to the vehicles proceeding along that the road, and in any other case give way to all traffic approaching the intersection on his right hand.

10. Fire service vehicles and ambulance to be given free passage. -Every driver shall, on the approach of a fire service vehicle or of an ambulance allow it free passage by drawing to the side of the road.

11. Right of way. -

Thepedestrianshavetherightofwayatuncontrolledpedestriancrossings. When any road is provided with footpath or cycle track especially for other traffic, except with permission of a police officer in uniform, a driver shall not drive on such footpath or track.

12. Taking ‘U’ turn: -No driver shall take a ‘U’ turn where ‘U’ turn is especially prohibited and on busy traffic road. If a ‘U’ turn is allowed the driver shall show signal by hand as for a right turn, watch in the rear view mirror and turn when safe to do so.

13. Signals to be given by drivers. -The following signals shall be used by the drivers of all motor vehicles namely,-

(a) When about to slow down, a driver shall extend his right arm with the palm downward and to the right of the vehicle and shall move the arms so extended up and down several times in such a manner that the signal can be seen by the driver of any vehicle which may be behind him;

(b) When about to stop, a driver shall raise his right forearm vertically outside of and to the right of the vehicle, palm to the right;

(c) When about to turn to the right or to drive to the right hand side of the road in order to pass another vehicle or for any other purpose, a driver shall extend his right arm in a horizontal position outside of and to the right of his vehicle with the palm of the hand turned to the front;

(d) when about to turn to the left or to drive to the left hand side of the road a driver shall extend high right arm and rotate it in an anticlockwise direction;

(e) When a driver wishes to indicate to the driver of a vehicle behind him that he desires that driver to over take him he shall extend his right arm and hand horizontally outside of and to the right of the vehicle and shall bring the arm backward and forward in a semi-circular motion.

14. Direction indicator. -The signal referred to in regulation 12, may be simplified also by mechanical or electrical devices.

15. Parking of the vehicle:

(1) Every driver of a motor vehicle parking on any road shall park in such a way that it does not cause or is not likely to cause danger, obstruction or undue inconvenience to other road users and the manner of parking is indicated by any signboard or marking on the road side, he shall park his vehicle in such manner.

(2) A driver of a motor vehicle shall not park his vehicle,-

(i) At or near a road crossing, a bend, top of a hill or a humpbacked bridge;

(ii) On a foot-path;

(iii) Near a traffic light or pedestrian crossing;

(iv) In a main road or one carrying fast traffic;

(v) Opposite another parked vehicle or as obstruction to other vehicle;

(vi) alongside another parked vehicle;

(vii) On roads or at places or roads where there a continuous white line with or without a broken line;

(viii) Near a bus stop, school or hospital entrance or blocking a traffic sign or entrance to premises or a fire hydrant;

(ix) On the wrong side of the road;

(x) Where parking is prohibited;

(xi) Away from the edge of the footpath.

16. Visibility of lamps and registration marks:

(1) No load or other goods shall be placed on any motor vehicle so as to mask or otherwise interrupt vision of any lamp, registration mark or other mark required to be carried by or exhibited on any motor vehicle by or under the Act, unless a duplicate of the lamp or mark so marked or otherwise obscured is exhibited in the manner required by or under the Act for the exhibition of the marked or obscured lamp or mark.

(2) All registrations and other marks required to be exhibited by or under the Act shall at all times be maintained in a clear and legible condition.

17. One way traffic A driver shall not-

(i) Drive a motor vehicle on roads declared ‘One Way’ except in the direction specified by signboards;

(ii) Drive a vehicle in a reverse direction into a road designed ‘One Way’.

18. Driving on channelised roads (lane traffic):

(1) Where any road is marked by lanes for movement of traffic, the driver of a motor vehicle shall drive within the lane and change the lane only after giving proper signal.

(2) Where any road is marked by a yellow-line dividing road, the vehicles proceeding in the same direction trying to overtake each other shall not cross the yellow line.

19. Stop sign on road surface:

(1) When any line painted on or inlaid into the surface of any road at the approach to the road junction or to a pedestrian crossing or otherwise, no driver shall drive a motor vehicle so that any part thereof projects beyond that line at any time when a signal to stop is being given by a police officer or by means of a traffic control light or by the display of any traffic sign.

(2) A line for the purpose of this regulation shall be not less than 50 millimetres in width at any part and may be either in white, black or yellow.

20. Towing:

(1) No vehicle other than a mechanically disabled motor vehicle or incompletely assembled motor vehicle, a registered trailer or a side car, shall be drawn or towed by any motor vehicle, except for purposes of delivery and to the nearest filling station or garage.

(2) No motor vehicle shall be draw nor towed by any other motor vehicle unless there is in the driver’s seat of the motor vehicle being drawn or towed a person holding a licence authorising him to drive the vehicle or unless the steering wheel of the motor vehicle being towed, is firmly and securely supported clear of the road surface by some crane or other device on the vehicle which is drawing or towing it.

(3) When a motor vehicle is being towed by another motor vehicle the clear distance between the rear of the front vehicle and the front of the rear vehicle shall at no time exceed five metres. The two ropes, or chains shall be of a type easily distinguishable by other road users and there shall be clearly displayed on the rear of the vehicle being towed in black letters not less than seventy-five millimetres high and oil a white background the words ‘On Tow’.

(4) No motor vehicle when towing another vehicle other than a trailer or side car shall be driven at a speed exceeding twenty-four kilometres per hour.

21. Use of horns and silence zones. - A driver of a vehicle shall not, -

(i) Sound the horn needlessly or continuously or more than necessary to ensure safety;

(ii) Sound the horn in silence zones;

(iii) Make use of a cut-out by which exhaust gases are released other than through the silencer;

(iv) Fit or use any multi-toned horn giving a harsh, shrill, loud or alarming noise;

(v) Drive a vehicle creating undue noise when in motion;

(vi) Drive a vehicle with a muffler causing alarming sound.

22. Traffic signs and traffic police. -A driver of a motor vehicle and every other person using the road shall obey, -

(a) Every direction given, whether by signal or otherwise, by a police officer or any authorised person for the time being in charge of the regulation of traffic;

(b) Any direction applicable to him and indicated on or by notice traffic sign or signal fixed or operated by an authority, competent to do so;

23. Distance from vehicles in front. -The driver of a motor vehicle moving behind another vehicle shall keep at a sufficient distance from that other vehicle to avoid collision if the vehicle in front should suddenly slow down or stop.

24. Abrupt brake. -No driver of a vehicle shall apply brake abruptly unless it is necessary to do so for safety reasons.

25. Vehicles going uphill to be given precedence. -On mountain roads and steep roads, the driver of a motor vehicle travelling downhill shall give precedence to a vehicle going uphill wherever the road is not sufficiently wide to allow the vehicles to pass each other freely without danger, and stop the vehicle to the side of the road in order to allow any vehicle proceeding uphill to pass.

26. Obstruction of driver. -A driver of a motor vehicle shall not allow any person to stand or sit or anything to be placed in such a manner or position as hamper his control of the vehicle.

27. Speed to be restricted. -The driver of a motor vehicle shall, when passing or meeting a procession or a body of troops or police on the march or when passing workmen engaged on road repair, drive at a speed not exceeding more than 25 kilometers an hour.

28. Driving of tractors and goods vehicles. -A driver when driving a tractor not carry or allow any person to be carried on tractor. A driver of goods carriage shall not carry in the driver’s cabin more number of persons than that is mentioned in the registration certificate and shall not carry passengers for hire or reward.

29. Projection of loads. -No person shall drive in any public place any motor vehicle which is loaded in a manner likely to cause danger to any person in such manner that the road or any part thereof or anything extends laterally beyond the side of the body or to the front or to rear or in height beyond the permissible limit.

30. Restriction on carriage of dangerous substances. - Except for the fuel and lubricants necessary for the use of the vehicle, no explosive, highly inflammable or otherwise dangerous substance, shall be carried on any public service vehicle.

31. Restriction on driving backwards. -No driver of motor vehicle shall cause the vehicle to be driven backwards without first satisfying himself that he will not thereby cause danger or undue inconvenience to any person or in any circumstances, for any greater distance or period of time thin may be reasonably necessary in order to turn the vehicle round.

32. Production of documents A person driving a vehicle-

(i) Shall always carry with him his driving licence, certificate of registration, certificate of taxation and certificate of insurance of the vehicle and in case of transport vehicle the permit and fitness certificate ,also;

(ii) Shall on demand by police officer in uniform or an officer of the Motor Vehicles Department in uniform or any other officer authorised by the government, produce the documents for inspection:

¹[PROVIDED that where any or all of the documents are not in his possession, he shall produce in person an extract or extracts of the documents duly attested by any police officer or by any other officer or send it to the officer who demanded the documents, by registered post, within 15 days of the demand.]

1. Inserted by SO 329 (E) dt. 13-5-1992 w.e.f. 13-5-1992.

33. Every driver must be conversant with the provisions of section, 112,113,121,122, 125, 132, 134, 185, 186, 194, and 207 of the Motor Vehicles Act, 1988.

APPENDIX (C)

[S.O. 440(E), dated 12-6-1989]¹

SOLATIUM SCHEME, 1989

1. Published in the Gazette of India, Ext., Part II, s. 3(ii) dt.12-6-1989

In exercise of the powers conferred by sub-section (1) of section 163 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby makes the following scheme for the payment of compensation to the victims of hit-and-run motor accidents, namely: -

1. Short title and commencement

(1) This scheme may be called the Solatium Scheme, 1989.

2. Definitions.-In the scheme unless the context otherwise requires-

(a) “Act” means the Motor Vehicles Act, 1988 (59 of 1988);

(b) “Claims Enquiry Officer” means the Sub-Divisional Officer, Tehsildar, or any other officer in charge of the revenue sub-division of a taluka in each revenue district of a State or such other officer not below the rank of Sub-Divisional Officer or a Tehsildar, as may be specified by the State Government;

(c) “Claims Settlement Commissioner” means the District Magistrate, the Deputy Commissioner, the Collector or any other officer in charge of a revenue district in a State appointed as such by a State Government.

(d) “Clause” means a clause of this scheme;

(e) “District-level committee” means a committee set up under clause 11;

(f) “Form” means a Form annexed to the Scheme,-

(g) “Standing Committee” means a committee set up under clause 3;

(h) “Transport Commissioner” means an officer appointed as such by the State Government and includes the Director General of Transport, Director of Transport or the Controller of Transport, appointed by the State Government.

3. Standing Committee.-

(1) There shall be a Standing Committee consisting of the following members, namely,-

(a) Joint Secretary (Transport) ...Chairman

(b) Joint Secretary (Insurance) …Member

(d) General Manager of each of insurance companies for the ….Member

time-being carrying on general insurance business

in India

(e) Transport Commissioners, one each from three States,

nominated by the Central Government by rotation …..Member

(f) Director/Deputy Secretary (Finance Division) Ministry

of Surface Transport ...Member

(g) An officer of General Insurance Corporation, of the rank

of Deputy General Manager (Accounts) .... Member Secretary

(2) The person nominated as member by virtue of an office shall cease to be a i-number when he ceases to hold that office.

(3) The term of office of the members nominated under sub-clause (a) of clause

(1) shall be for a period of one year.

4. Remuneration of members of Standing Committee. -A member shall not be paid any remuneration, except travelling and daily allowance at the rates admissible to him and be paid from the source he draws salary.

5. Powers and functions of the Standing Committee. -The Standing Committee shall-

(i) Periodically review the working of the scheme and its implementation and direct corrective steps, wherever necessary;

(ii) Considering the issues raised in the report of the District-level Committee and provide guidance or directions, wherever called for.

(iii) Framing regulations for conduct of business by Standing Committee and District-level Committee.

6. Meeting of the Standing Committee. -The Standing Committee shall meet at such time, date and at such a place as a Chairman may, from time to time, appoint in this behalf:

PROVIDED that the Committee shall meet at least twice a year.

7. Quorum. -Not less than three members shall form a quorum:

PROVIDED that if at any meeting there is no quorum, the Chairman may adjourn the meeting to a date not less than seven days later, informing the members present and sending notice to other members that he proposes to dispose of the business at the adjourned meeting, whether there is a quorum or not and he may thereupon dispose of the business at such adjourned meeting.

8. Decision by majority. -Every matter shall be determined by the majority of votes of the members present and voting and in case of equality of votes, the Chairman shall have a casting vote.

9. Notice of meeting. -

(1) Notice shall be given by the member-secretary to every member of the time, date and place fixed for each such meeting at least seven days before such meeting and each member shall be furnished with a list of business to be disposed of at the said meeting:

PROVIDED that when an urgent meeting is called by the Chairman, such notice shall not be necessary. However, member-secretary shall send an intimation to each member.

(2) Nobusinesswhichisnotonthelistofbusinessshallbeconsideredatameeting without the permission of the Chairman.

10. Minutes of the meeting.-The proceedings of each meeting of the Standing Committee shall be circulated to all members and thereafter recorded in a minutes book which shall be kept as permanent record. The record of the proceedings of each meeting shall be signed by the Chairman.

11. District-level Committee

(1) There shall be a District-level Committee in each district consisting of the following members, namely,-

(a) Claims Settlement Commissioner Chairman

(b) Claims Enquiry Officer, nominated by the State Government Member

(c) The Regional Transport Officer or any other officer of Motor Vehicles Department as nominated by the State Government Member

(d) Any member of the public or, a voluntary Organisation connected

with the road safety aspects nominated by the Chairman Member

(e) Divisional Manager of the Insurance Company ... Member Secretary

(2) A person nominated as a member by virtue of an office shall cease to be i-number when he ceases to hold that office.

¹[(3) The term of office of the members nominated under items (b), (c) and (d) of sub-clause (1) shall be determined by the State Government.]

1. Substituted by SO. N. 668 (E) dt. 7-10-1991.

12. Remuneration of member of the District-level Committee.-A member shall not be paid any remuneration except travelling and daily allowance at the rate admissible to him in his respective department and be paid from the source he draws salary. A member nominated under clause (d) shall be paid travelling allowance/dearness allowance by General Insurance Corporation, at the rate as may be decided by the General Insurance Corporation.

13. Powers and functions of District-level Committee.-The District level Committee shall undertake all functions connected with the implementation of the scheme at the district level. It shall also perform functions such as-

(i) To evaluate the progress of implementation of the scheme in the concerned district and take corrective steps, wherever necessary;

(ii) To submit a report on quarterly basis to the Standing Committee. The report shall inter alia include statistics month wise, about the claim applications received, awarded, pending and reasons for pendency;

(iii) To keep close liaison with other authorities in the district so as to ensure that scheme gets adequate publicity;

(iv) to provide guidance / clarification s to concerned authorities wherever called for.

14. Meeting of the District-level Committee. -The District-level Committee shall meet at such time, date and at such place within the concerned district itself, as the Chairman may, from time to time, appoint in this behalf:

PROVIDED that the committee shall meet at least once in each quarter. 15 Quorum

Not less than two members shall form a quorum.

16. Decision by majority.-Every matter shall be determined by a majority of votes of the members present and voting. In case of equality of votes, Chairman shall have a casting vote.

17. Notice of meeting.-

(1) Notice shall be given by the member-secretary to each member of the time, date and place fixed for the meeting at least seven days before such a meeting and each member shall be furnished with a list of business to be disposed of at the said meeting:

PROVIDED that when an urgent meeting is called by the Chairman, such notice shall not be necessary. However, the member-secretary shall send an intimation to each member.

(2) Nobusinesswhichisnotonthelistofbusinessshallbeconsideredatameeting without the permission of the Chairman.

18. Minutes of the meeting.-The proceedings of each meeting of the District-level Committee shall be circulated to all members and thereafter recorded in a minutes book which shall be kept as a permanent record. The record of the proceedings of each meeting shall be signed by Chairman.

19. Nomination of insurance company. -General Insurance Corporation shall nominate any of its offices or an insurance company in each district for settlement of claims under section 161 of the Act and of the scheme.

20. Procedure for making the claim application. -

(1) The applicant shall submit an application seeking compensation under this scheme in Form I along with duly filled in discharge receipt in Form 11 and the undertaking in Form V to the Claims Enquiry Officer of the sub-division or taluka in which the accident takes place.

(2) An application under clause (l) shall be made within a period of six months from the date of the accident:

PROVIDED that an application made after six months but not after 12months from the date of the accident may be accepted by the Claims Enquiry Officer, if he is satisfied that there are reasonable grounds to condone the delay.

(3) Where the Claims Enquiry Officer does not accept the grounds advanced by the applicant he shall record speaking order and communicate to the applicant reasons to]- not accepting the claims application.

21. Procedure to be followed by the Claims Enquiry Officer

(1) Onreceiptofclaimsapplicatio.n,theClaimsEnquiryOfficersliallimmediately obtain a copy of the FIR, inquest report, post mortem report or certificate of injury, as the case may be, from the concerned authorities and hold enquiry in respect of claims arising out of hit-and-run motor accidents.

(2) It shall be the duty of the Claims Enquiry Officer-

(a) To decide who are the rightful claimants, where there are more than one claimants;

(b) To submit, as early as possible, and in any case within a period of one month from the date of receipt of application report in Form III along with duly discharged receipt in Form 11 and the undertaking in Form V along with his own recommendation.

(3) Where the Claims Settlement Commissioner has returned any report to the Claims Enquiry Officer for further enquiry under sub-clause (2) of clause 22, the claims EnquiryOfficershallmakesuchadditionalenquiriesasmaybenecessaryand re-submit the report to the Claims Settlement Commissioner within 15 days for final order.

22. Sanctioning of claims

(1) On receipt of report of the Claims Enquiry Officer, the Claims Settlement Commissioner shall sanction the claim, as far as possible, within a period not exceeding fifteen days from the date of receipt of the report and communicate the sanction order in Form IV along with duly discharged receipt in Form 11 and the undertaking in Form V to the nominated officer of the insurance company, with a copy to the following-

(a) The Claims Enquiry Officer;

(b) The claimant;

(d) The concerned Transport Commissioner;

(e) General Insurance Corporation headquarters.

(2) Where the Claims Settlement Commissioner has any doubt in respect of the report submitted by the Claims Enquiry Officer, he shall return the report to the Claims Enquiry Officer, for further enquiry, indicating the specific point on which the inquiry is to be made.

23. Payment of compensation.-

(1) In the case of claims arising out of death, the payment shall be made to the legal representatives of the deceased decided by the Claims Enquiry Officer.

(2) In the case of claims arising out of grievous hurt, the payment shall be made to the person injured.

(3) The nominated office of the insurance company , immediately on receipt of the sanction order in Form IV together with discharge receipt in Form 11 and undertaking in Form V shall make the payment to the claimant and dispatch cheque/demand draft to the claimant through registered post AD and Simultaneously send intimation to all the concerned authorities to whom the copy of the sanction order is endorsed.

(4) The payment to the claimant by the insurance company shall be made within 15 days from the date of receipt of the sanction order together with discharge receipt

and wherever delay occurs, reason therefor shall be explained to the Claims Settlement Commissioner.

(5) Registered letter containing cheque/demand draft, if returned undelivered from claimant shall be placed before the Claims Settlement Commissioner for further directions.

(6) The nominated officer of the insurance company shall furnish monthly return giving number and the date of the sanction order, date of receipt of sanction order, payments made, sanction order pending for payment, to the Claims Settlement Commissioner with a copy to Claims Enquiry Officer and General Insurance Corporation Headquarters, Bombay.

24. Annual report. -The General Insurance Corporation shall prepare to place an annual report on the working of the scheme before the Standing Committee and also forward a copy to the Central Government.

FORMS

FORM-1	FORM-II	FORM-III	FORM-IV	FORM-V

FORM-I

Clause 20(l)]

APPLICATION FOR COMPENSATION FROM SOLATIUM FUND

I..................... son of/daughter of/widow* of Shri……. residing at……… having been grievously injured in motor vehicle accident hereby apply for grant of compensation for the grievous injuries sustained. Necessary particulars in respect of the injury sustained by me are given below:-

I,……….son of/daughter of/widow of* Shri……….residing at……. hereby apply as a legal representative/agent for the grant of compensation on account of death/injuries sustained by Shri/Shrimati/Kumari son of/daughter of/widow* of Shri……….who died/had Sustained injuries in a motor vehicle accident on at Particulars in respect of accident and other information are given below:-

1. Name and father’s name of person injured (husband’s name in case of married woman or widow):

2. Address of the person injured/dead:

3. Age Date of birth

4. Sex of the person injured/dead:

5. Place, date and time of the accident:

6. Occupation of the person injured/ dead:

7. Nature of injured sustained:

8. Name and address of police station in whose jurisdiction accident took place or was registered:

9. Name and address of the Medical Officer/Practitioner who attended on the

injured/dead:

10. Name and address of the claimant/claimants:

11. Relationship with the deceased:

12. Any other information that may be considered necessary or helpful in the disposal of the claim:

I hereby swear and affirm that all the facts noted above are true to the best of my knowledge and belief.

Signature of the claimant

*Strike out whichever is not applicable.

FORM-II

[Clause 20(i)]

DISCHARGE RECEIPT

Annexure-sanction order no

Dated…………….

Received with thanks from………… Insurance Co. Ltd. the sum of Rs………….. being the compensation under hit-and-run provisions of the Motor Vehicles Act in full Lind final settlement of my claim for the accident occurred to me/to the deceased person ……….(name of deceased) on (date of accident) at……… (name of place).

Signature on revenue stamp by beneficiary/victim

Witness……………..

FORM III

[Clause 21(2)(b)]

CLAIMS ENQUIRY REPORT TO BE SUBMITTED BY CLAIMS ENQUIRY

OFFICER TO CLAIMS SETTLEMENT COMMISSIONER

1. Name and address of the person dead/injured:

2. Place, time and date of the accident:

3. Particulars of the police station in which the accident was registered:

4. Particulars of the medical officer/practitioner who examined the dead/injured:

5. Particulars of person summoned and examined:

6. Whether the fact of death/injury by hit-and-run motor accident has been established or not and the reason for coming to that conclusion:

7. The name(s) and addressees) of claimant(s) eligible for payment of compensation:

8. The amount of compensation recommended for payment to the claimant. (In case of more than one claimant the amount each one of the claimants is eligible and the reason thereof shall be specified).

9. Any other information or records relevant or useful for the settlement of the claim.

Seal: Signature, designation

Date: of the Claims Enquiry Officer.

FORM-IV

[Clause 22(l)]

ORDER OF CLAIMS SETTLEMENT

Serial No…………………

Claims Settlement Commissioner

District…………………….

ORDER

I hereby sanction Rs. 8500/2000 (Rupees eight thousand five hundred only)/(Rupees two thousand only) as compensation in respect of the death of...….(Name of deceased)/Grievous hurt to……….(Name of the injured) resulting from hit-and-run motor accident which took place at……….(Name of place) on……………… (Date) to

Shri/Shri/Shrimati/Kumari ………as the legal representative of the deceased (………) or

to………. (Name of injured).

Claims Settlement Commissioner

cc to:-

1. Office of the insurance company.

2. The claimant.

3. Motor Vehicles Accident Claims Tribunals.

4. Claims Enquiry Officer-;

5. General Insurance Corporation of India, Churchgate, Bombay-400 020.

FORM V

[Clause 20(l)]

UNDERTAKING FOR REFUND OF CLAIM

(Under section 162 of the Motor Vehicles Act, 1988)

I/We………as legal representative(s)/of the deceased/injured.... hereby give un-destalking that I/we shall refund the amount of compensation awarded to me/us under sanction order No ……….dated………y the Claims Settlement Commissioner…….. to the insurer in case I/we/am/are awarded any other compensation or amount in lieu of or by way of satisfaction of a claim for compensation in respect of death or grievous hurt to ...…….. under any other provisions of the Motor Vehicles Act, 1988 or any other law for the time being in force or otherwise.

Signature of the legal representative

of the deceased/injured Person.

APPENDIX (D)

OVERALL DIMENSIONS OF MOTOR VEHICLES (PRESCRIPTION

OF CONDITIONS FOR EXEMPTION) RULES, 1991

[GSR 583(E), dated 12-9-1991]¹

1. Published in the Gazette of lndia, Ext., Part II, s.3(i)dt.12-9-1991.

In exercise of the powers conferred by section 110(3)(b) of Motor Vehicles Act,1988 the Central Government hereby make the following rules, namely,-

1. Short title and commencement. -

(1) These rules may be called the Overall Dimensions of Motor Vehicles (Prescription of Conditions for Exemption) Rules, 1991.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Conditions for the grant of exemption from rule 93.-

The State Government may exempt any motor vehicle or any class or description of motor vehicle from the provisions of rule93 of the Central Motor Vehicles Rules, 1989, subject to the fulfilment of any or all of the conditions specified in these rules which that government may deem fit to impose, namely:

(1) Such-motor vehicle or class or description of motor vehicles, shall-

(a) Observe Such load restrictions as the State Government may by order specify in this behalf,

(b) Obtain the previous permission of such authority as may be specified by the, State Government in this behalf before putting such vehicle on the load, -

(c) Not if they are loaded, travel over such bridges and cross drainage structures on the road, which the State Government may having regarding to the safety of the road structures specify;

(d) Where prohibited under clause (c) to travel over the structure referred to in that clause, the owner or transporter shall at his cost make arrangement to cross the river in accordance with the directions given by the authority specified by the State Government in this behalf;

(e) Give advance intimation to such authority or officer specified in this behalf by the State Government regarding the movement of such vehicles;

(f) Equip with necessary warning signals such as red flags in the daytime, red light and reflectors in the night so is to indicate the extreme positions of the vehicle clearly;

(g) Move without any hindrance to the nominal flow of traffic;

(h) Not exceed the speed limit of 16 kms per hour.

(2) Where any damage is caused to the road or road structure directly or indirectly due to the movement of such vehicles, the operator of the vehicles or the transporter shall be liable to pay such amount to the State Government as may be assessed by the authorities in this behalf.

(3) The State Government shall not be liable for any damage that may be caused to such vehicles or their contents through their transits.

(4) Any grant of exemption under these rules shall be without prejudice to the right of the authorities specified in this behalf by the State Government to regulate or stop the movement of such vehicles, having regard to the safety of roads, bridges, structures and other road users.

(5) The State Government may in consultation with the operator of the vehicle or the owner conduct route survey to assess the fitness of the roads for movement of such vehicles, feasibility of negotiating the curves more particularly in built-up areas, sufficiency of road width, adequacy of vertical clearance and deficiencies identified in the assessment shall be rectified by the operators or owners of the vehicles.

(6) Exemption granted under these rules shall be applicable only for operating such vehicles on roads lying within the jurisdiction of the Public Works Department of the respective State Department and operators of the vehicles or their owners thereof shall make their own arrangements to obtain the approval of the other departments or local body authorities for plying on the roads lying with their jurisdiction.

3. Removal of doubts.-For removal of doubts, it is hereby declared that any exemption granted under these rules in any State shall be valid throughout India.

APPENDIX (E)

[GSR 541 (E)]

THE MOTOR VEHICLES (ALL INDIA PERMIT FOR TOURIST

TRANSPORT OPERATORS) RULES, 1993

In exercise of the powers conferred by sub-section (14) read with sub-section (9) of section 88 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby makes the following rules, namely:-

1. Short title, extent, commencement and exemption

(1) These rules may be called the Motor Vehicles (All India Permit for Tourist Transport Operators) Rules, 1993¹

(2) They shall extend to the whole of India.

(3) They shall come into force with effect from the date of publication.

(4) The conditions prescribed in rules 82 to 85A of the Central Motor Vehicles Rules, 1989 shall not apply to the permits granted under this scheme.

1. Published in the Gazette of India, (Extraordinary), Part II s. 3(ii) No. 260, dt. 10-8-1993.

2. Definitions.-In these rules, unless the context otherwise requires-

(a) “Act” means the Motor Vehicles Act, 1988 (59 of 1988);

(b) “Authorisation certificate” means a certificate issued by an appropriate authority to a recognised tourist transport operator authorising him to operate throughout the territory of India or in such continuous States, not being less than three in number including the State in which the permit is issued, on recognised tourist circuits, as are specified in the All India permit for a tourist vehicle granted to him;

(c) “Appropriate authority” means the authority which is authorised under the Act to grant a permit in respect of a tourist vehicle;

(d) “Rule” means the rule of the Central Motor Vehicles Rules, 1989;

(e) “Section “ means section of the Act;

(f) “Schedule” means a Schedule appended to these Rules,-

(g) “Tourist Transport Operator “ means a company or an individual engaged in the business of promotion of tourism on tourist circuits, recognised by the Department of Tourism of the Government of India.

3. Authorisation certificate shall be issued only to a tourist transport operator recognised by the Department of Tourism of the Central Government.

4. Form, contents and duration, etc., of the authorisation certificate. -

(1) Every application for the issue of an authorization certificate shall be made to the concerned State Transport Authority, in the Form as set forth in the Second Schedule.

(2) EveryauthorisationcertificateshallbeintheFormassetforthinSchedulell.

(3) The period of validity of an authorisation certificate shall not exceed one year

at a time.

(4) Theauthorisationcertificatemayberenewedonanapplicationmadenotiess than fifteen days before the date of its expiry.

5. Procedure of applying for issue of authorisation certificate

(1) An application for an authorisation certificate may be made on any working day to the State Transport Authority concerned.

(2) A State Transport Authority shall not ordinarily refuse to issue an authorisation certificate applied for under these rules.

(3) Transport Authority may reject the application made under sub-rule (1) for good and sufficient reasons to be recorded in writing, or where the Authority is of the opinion that this would have the effect of increasing the number of authorisation certificates limited in terms of section 74(3):

PROVIDED, that the authorisation certificate applied for shall be issued or refused within a period of thirty days from the date of receipt of application by the State Transport Authority.

7. Transfer of permit

(1) Save as otherwise provided in sub-rule (2), an authorisation certificate shall not be transferable from one person to another except with the permission of the State Transport Authority which issued the authorisation certificate and shall not without such permission, confer on any person to whom a vehicle covered by the authorisation certificate is transferred, any right to use that vehicle in the manner authorised by the authorisation certificate:

(2) Where the holder of an authorisation certificate dies, the person succeeding to the possession of the vehicle covered by the authorisation certificate may, for a period of three months, use the authorisation certificate from the date of death of the holder and on his own intention to use the authorisation certificate:

PROVIDED that no authorisation certificate shall be so used, except after its renewal, after the date on which it would have ceased to be effective in the hands of the deceased holder.

(3) The State Transport Authority may, on an application made to it within three months of the death of the holder of authorisation certificate, transfer that said certificate to the person succeeding to the possession of the vehicle covered by the authorisation certificate:

PROVIDED that the State Transport Authority may entertain an application made after the expiry of the said period of three months if it is satisfied that the applicant was prevented from making an application within the specified time.

7. Replacement of vehicle.-The holder of an authorisation certificate may, with the permission of the State Transport Authority by which the authorisation certificate was issued, replace any vehicle covered by the authorisation certificate by any other vehicle of the same nature.

Explanation: The vehicle of same nature would mean having the same seating capacity for which permit has been granted and composite fee paid and such a replacement vehicle could be of any other make or model.

8. Appeals

(1) Any person aggrieved by,-

(a) The refusal of the State Transport Authority to issue an authorisation certificate or by any condition attached to, an authorisation certificate issued by him; or

(b) The order of revocation or suspension of the authorisation certificate or by my variation of the conditions thereof; or

(d) Any other order which may be made within a period of thirty days from the date on which the said order is communicated to the applicant, appeal to the State Transport Appellate Tribunal constituted under sub-section (2) of section 89 of the Motor Vehicles Act, 1988, who shall after giving such person and the State Transport Authority an opportunity of being heard, give a decision thereon, which shall be final.

9. Authorisation fee. -The fee for the issue of an authorisation certificate shall be Rs. 500 per annum and every application for the issue or renewal of the same shall be accompanied by a bank draft for the said amount in favour of the appropriate authority.

10. Seating capacity. -An all India permit for tourist transport operation shall be issued only in respect of vehicles with a seating capacity of not more than 35 seats, excluding the driver and the conductor. Besides, provisions of rule 128 of the Central Motor Vehicles Rules, 1989, except for rule (11) of the said rules, shall also apply to the tourist vehicles.

11. Age of the tourist coaches. -An all India permit for tourist transport operation shall be deemed invalid from the date on which the vehicle covered by the said permit completes nine years, in the case of a motor cab and eight years in the case of a vehicle other than a motor cab.

Explanation: For the purposes of this rule, the period of nine or eight years shall be computed from the date of initial registration of the tourist vehicle concerned.

12. Distinguishing particulars to be exhibited on motor vehicle. -A motor vehicle or motor cab covered under the authorisation certificate issued under these rules shall be painted in white colour with a blue ribbon of 10 centimetre width at the centre of the exterior of the body on both sides of the vehicle, and the word “Tourist” shall be painted inside a circle of 60 centimetres diameter. The permit holder shall also display on the front top of the tourist vehicle, other than a motor cab, a board in yellow colour with letters in black colour with inscription “Approved Tourist Transport Operator No...” in English and Hindi, and also if the permit holder so prefers, in the regional language of the Home State, with the logo ‘Peacock’, as specified in Annexure No. 1.

13. List of tourists. -A tourist vehicle, other than motor cab, plying on all India permit for tourist transport operator shall at all times carry a list of tourist passengers in respect of each trip, and the list shall be produced on demand by the officer authorised to demand production of documents by or under the Act, or the rules made thereunder.

14. Quarterly returns to befiled by an all lndian tourist permit holder. -An all India tourist permit holder shall file a quarterly return, in respect of the motor vehicle covered by these rules, in the Form set forth in Schedule III to the appropriate authority of the State by which the all India permit is granted and the said authority, in turn, shall forward copies thereof to the appropriate authorities of other States concerned.

15. Certificate of recognition. -

(1) The eligibility conditions for a certificate of recognition shall be as set forth in the Fourth Schedule.

(2) Every application for a certificate of recognition by the Department of Tourism, Government of India, shall be submitted in the Form prescribed in the Fifth Schedule to the Director General of Tourism, Department of Tourism, Government of India, New Delhi- 110 001

(3) The certificate of recognition shall be granted in the Form prescribed in the Sixth Schedule.

APPENDIX (F)

DRIVING LICENCE (CONDITIONS FOR EXEMPTION) RULES, 1992¹

1 Published in the Gazette of India (Extraordinary), Part II, section3 (i), dt. 30-9-1992.0-9-1992.

1. Short title and commencement.-These rules may be called the Driving Licence (Conditions for Exemption) Rules, 1992.

2. Conditions for grant of exemption. -A person receiving instructions in driving a motor vehicle shall be exempted during training, from the provisions of sub-section (1) of section 3 of the Motor Vehicles Act, 1988 (59 of 1988), subject to the following conditions, that-

(a) Such person is a trainee undergoing training in an industrial training institute approved by Central or State Government and driving a light motor vehicle with a written permission of the head or an industrial training institute;

(b) Such person is driving a motor vehicle under the supervision of a duly appointed instructor holding a valid driving licence;

(c) Such person shall not give any vehicle other than light motor vehicle of the industrial training institute, specially acquired for such training purposes;

(d) Such person is medically fit to drive;

(e) The speed of the vehicle shall not exceed 15 kms per hour during the training;

(f) The training shall be imparted only between 10 a.m. to 5 p.m.

(g) The training shall be imparted only on a light motor vehicle.

APPENDIX (G)

[SO. 436 (E) dated 12-6-1989]¹

SPECIFICATIONS OF TYPE OF VEHICLE IN REGISTRATION CERTIFICATE

1. Published in the Gazette India (Extraordinary) Part II, s3(ii) dt. 12-6-1988,

In exercise of the powers conferred by sub-section (4) of section 41 of the Motor Vehicles Act, 1988 (59 of 1989), the Central Government hereby specifies the types of motor vehicles mentioned in column (2) of the Table below as the type of motor vehicles in respect of motor vehicles specified in the corresponding entry in column (1) thereof for the purposes of the said sub-section (4).

TABLE

Motor vehicles	Type of motor vehicle
(1)	(2)
1. Motor cycle Motor cycle	Motor cycle
	Scooter
	Moped
	Motorised cycle
2. Light motor vehicle	Three-wheelers-passenger vehicle
	Auto rickshaw
	Motorised cycle rickshaw
	Invalid carriage
	Three-wheeler goods carriage
	Delivery van
	Four-wheeler passenger vehicle
	Motor car
	Jeep
	Jeep stage carriage
	Taxi
	Taxi cab
	Ambulance
	Station wagon
	Invalid carriage
	Van
	Four-wheeler goods carriage
	Delivery van
	Truck
	Fork lift
	Postal van
	Mobile canteen
	Mobile post office
	Mobile clinic
3. Medium and heavy motor vehicle	Passenger vehicle
	Express bus
	Town/ city bus
	Mini bus
	Passenger-cum-goods carriage
	Tourist coach
	Campers van
	Camping trailer/House trailer
	Trackless trolley coach
	Double-decker bus
	Goods carriage
	Animal ambulance Crane
	Truck
	Dumper
	Fork lift
	Pick up van
	Rig
	Tow truck
	Refuse collector
	Demonstration van
	Mobile canteen van
	Mobile library van
	Mobile post office vehicle
	Mobile clinic
	Mobile workshop
	Mobile shop vehicle
	Tanker

2. For the purposes of this notification-

(a) “Ambulance” means vehicle specially designed, constructed or modified and equipped and intended to be used for emergency transportation of persons who are sick, injured, wounded or otherwise incapacitated;

(b) “Animal ambulance” means an ambulance intended to be used for the emergency transportation of sick, injured, wounded or otherwise incapacitated animals;

(c) “Auto-rickshaw” means a motor vehicle having three wheels constructed or adapted and used to carry not more than three passengers for hire or reward excluding the driver;

(d) “Campers’ van” means a motor vehicle designed or constructed to provide living quarters for recreational camping or travel use with direct walk-through access to the living quarters from the driver’s seat;

(e) “Camping trailer” means a trailer, not used for transport of goods, constructed with partial side walls which folds for towing and unfolds to provide temporary living accommodation for recreational camping and tourist purposes;

(f) “Dumper” means a self propelled goods vehicle having an open cargo body designed to transport and dump or spread material;

(g) “House trailer” means a trailer or semi-trailer equipped and used for temporary living quarters for camping or tourist purposes and not for the transportation of freight, goods, ware and merchandise and the like;

(h) “Prime mover” means a motor vehicle designed and used primarily for drawing other vehicle and not so constructed to carry a load other than part of the weight of the vehicle and load as drawn;

(i) “‘Tow truck” means a motor vehicle designed or altered and equipped for and used to push, tow or draw disabled vehicles by means of crane, hoist tow bar, tow line, auxiliary axles and to render assistance to disabled vehicles;

(j) “Trackless trolley coach” means a motor vehicle, which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

3. This notification shall come into force on 1-7-1989.

APPENDIX (H)

[SO. 425 (E), Dated 9-6-1989]¹

MAXIMUM SPEED LIMITS IN A PUBLIC PLACE

1. published in the Gazette, India, (Extraordinary) Part II s. 3(ii) dt. 9.6.1989.

In exercise of the powers conferred by sub-section (1) of section 112 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby fixes the speed specified in column (2) of the Table below as the maximum speed in respect of the class of motor vehicles specified in the corresponding entry in column (2) thereof.

TABLE

Class of vehicle	Maximum speed per hour in kilometers
(1) If all the wheels of the vehicle are fitted with pneumatic tyres and the vehicle is not drawing a trailer:-
(a) If the vehicle is a light motor vehicle, other than transport vehicle,	No limit
(b) If the vehicle is a light motor vehicle, and a transport vehicle;	65
(c) If the vehicle is a motor cycle:	50
(d) If the vehicle is a medium or heavy passenger motor vehicle;	65
(e) If the vehicle is. a medium or heavy goods vehicle.	65
(2) If the vehicle is an articulated vehicle, all the wheels of which are fitted with pneumatic lyres, which is a heavy goods vehicles or heavy passenger motor vehicle.	50

(3) If the vehicle is drawing not more than one trailer, or in the case of artillery equipment, not more than two trailers and all the wheels of that vehicle and the trailer are fitted with pneumatic tyres-
(a) If the vehicle is a light motor vehicle and the trailer being two-wheeled has gross vehicle weight not exceeding 800 kilograms;	60
(b) If the vehicle is a light motor vehicle and the trailer has more than two wheels or a gross vehicle weight exceeding 800 kilograms;	50
(c) if the vehicle is a medium goods vehicle or medium passenger motor vehicle;	40
(d) if the vehicle is a heavy goods vehicle or heavy passenger motor vehicle;	40
(e) if the vehicle is a heavy goods vehicle or heavy passenger motor vehicle used by the fire brigade.	50
(4) Any other case not covered by entries (1), (2) or (3)	30

2. This notification shall come into force on 1-7-1989.

APPENDIX (I)

[SO 444(E) dated 12-6-19891

ASSIGNMENT OF REGISTRATION MARK ON VEHICLES FOR VARIOUS STATES

AND UNION TERRITORIES AT A GLIMPSE

In exercise of the powers conferred by sub-section (6) of section 41 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby allots to the State and Union Territories specified in column (1) of the Table below, the group of letters, specified in the corresponding entry in column (2) thereof, for use as registration mark for each State and Union Territory to be followed by the code number of the registration authority to be allotted by the State Government or, as the case may be, the Administrator of the Union Territory and not exceeding four figures, to be used as registration mark.

TABLE

(1)	(2)
States/union Territories	Group of letters
1. Andaman and Nicobar	AN
2. Andhra Pradesh	AP
3, Arunachal Pradesh	AR
4. Assam	AS
5. Bihar	BR
6. Chandigarh	CH
7. Dadra and Nagar Haveli	DN
8. Daman and Diu	DD
9. Delhi	DL
10. Goa	GA
11. Gujarat	GJ
12. Haryana	HR
13. Himachal Pardesh	HP
14. Jammu and Kashmir	JK
15. Karnataka	KA
16. Kerala	KL
17. Lakshadweep	LD
18. Madhya Pradesh	MP
19. Maharashtra	MH
20 Manipur	MN
21. Meghalaya	ML
22. Mizoram	MZ
23. Nagaland	NL
24. Orissa	OR
25. Pondicherry	PY
26. Punjab	PB
27. Rajasthan	RJ
28. Sikkim	SK
29. Tamil Nadu	TN
30. Tripura	TR
31. Uttar Pradesh	UP
32. West Bengal	WB

2. Where the four figures referred to in paragraph 1 reaches 9999, the next series shall begin with alphabet ‘A’ followed by not more than four figures and there after with alphabet ‘B’ followed by not more than four figures and so on until all the alphabets, excluding ‘I’ and ‘O’ are exhausted:

PROVIDED that the letters shall be in English and the figures shall be in Arabic numerals and the letters and figures shall be painted in reflecting colours and be shown:

(a) In the case of transport vehicles other than those under the Rent-a-Cab Scheme, 1989 in black on white ground;

(b) In the case of motor vehicles temporarily registered in red on yellow ground;

(d) In other cases, in white on a black ground;

(e) In the case of transport Vehicle under the Rent-a-Cab Scheme, 1989, in yellow on a black ground.

3. This notification shall come into force on 1-7-1989

APPENDIX (J)

[SO. 416 (E) dated 9-6-1989]¹

MAXIMUM SAFE LADEN WEIGHTS AND MAXIMUM SAFE AXLE WEIGHTS FOR VEHICLES OTHER THAN A MOTOR CAB

1. Published in the Gazette of India (Extraordinary), Part II, s. 3(ii) dt. 9-6-1989.

In exercise of the powers conferred by sub-section (1) of section 58 of the Motor Vehicles Act, 1988 (59 of 1989) and in supersession of the Government of India in the Ministry of Surface Transport No. SO 690 (E), dt. 25-9-1982,.the Central Government hereby specifies that in relation to the transport vehicles of all makes and models except motor cab, the maximum safe laden weight of motor vehicles and maximum safe axle weight of each axle of such vehicles shall be as follows namely :

(1) The maximum safe laden weight and the maximum axle weight of each axle in relation to each make and model of such transport vehicle shall be as per the rating of the maximum safe weight and the maximum axle weight of each axle fixed by the manufacturer.

(2) The maximum safe axle eight determined in para (1) shall be further restricted to maximum safe axle weight given in the Schedule.

(3) The maximum safe laden weight in respect oral] such transport vehicle shall not be more than the sum total of all the maximum safe axle weight put together.

SCHEDULE

The maximum safe axle weight shall be as follows: -

Tonnes

Single axle (single wheel) fitted with 1 type 3.0

Single axle fitted with 2 tyres 6.0

Single axle fitted with 4 tyres 10.2

Single axle fitted with 8 tyres 19.0

¹[Three axle trailer fitted with 12 tyres 24.0]

2. This notification shall come into force on l-7-1989.

1. Inserted by ISO 205(E), dt. 22-3-1991.