The Jharkhand Motor Vehicles Rules, 2001

1 · Short title, application and commencement. –

3 · Licensing Authority. - The District Transport Officer shall be the Licensing Authority.

4 · Testing Officer. - (1) Licensing Authority, the Motor Vehicle Inspector or any officer not below the rank of the Inspector of Police or the Sergeant Major nominated by the Licensing Authority, shall be the Testing Officer for the purpose of a test under subsection (5) of Section 8 and sub-section 3 of Section 9 of the Act:

5 · Appellate Authority. - The authority empowered to hear appeals against the orders of the Licensing Authority refusing to issue any learner licence or to issue or renew any driving licence or to and a class or description of Motor Vehicle to any driving licence or revoking any driving licence under provisions of Section 14 of disqualifying the holder from holding or obtaining driving licence or revoking such licence under the provision of sub-section (1) of Section 19 shall be District Magistrate.

6 · Fees payable under Chapter-II of the Act. - The fees to be paid under Chapter-II of the Act shall be-

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-1 of the Act.

8 · Form of communication. - The Licensing Authority shall communicate with another Licensing Authority in Form D.I. COM for the purpose of intimation-

9 · Power to make enquiries of applicant for driving licence. - The Licensing Authority may make such enquiries 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 recognised for issue of a driving certificate. - The State Government recognises the following automobile associations for the purpose of proviso to sub-section (3) of Section 9, namely:-

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 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 photographs accordingly.

13 · Issue of duplicate driving licence. - (1) 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 and shall apply for issue of a 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.

14 · Change of address. - (1) If the holder of a 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 issued, and, if the new address is within the jurisdiction of another licensing authority, to that other Licensing Authority.

15 · General duties, functions and conduct of drivers of transport vehicles. - The driver of a transport vehicle:-

16 · Additional duties, functions and conduct of drivers of public service vehicles.

17 · Temporary authorisation in lieu of a License. - (a) When the holder of a licence has submitted the licence to a licensing or other authority for renewal, or for obtaining an authorisation to drive a public vehicle, and has deposited the prescribed fee, or when any Court of other competent authority or a police officer, otherwise than under subsection (2) of Section 206 has taken temporary possession of a licence for any purpose and the licence has not been suspended or cancelled the licensing or other authority, or the police officer or the Court or other competent authority, as the case may be, shall on demand by the holder, furnish him with a receipt for the licence and temporary authorisation to drive, in Form L.Tem. During such period as may be specified in Form L.Tem. the production thereof on demand shall be deemed to be production of the licence.

18 · Grant of authorisation to drive a transport vehicle. - (1) No person shall drive a transport vehicle unless an authorisation in the driving licence shall have been granted by the Licensing Authority.

19 · Badges of drivers of public service vehicles. - (1) 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.

20 · Manner of appeals. - (1) An appeal under Rule 5 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 a certified copy of that order and 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 License. - (1) Every Licensing Authority shall furnish a monthly report in duplicate, containing particulars required in the form of State Register of Driving Licenses, prescribed by the Central Government, to the State Transport Commissioner, within ten days of the succeeding each month.

24 · The Licensing Authority. - The District Transport Officer shall be the Licensing Authority.

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 be 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-

28 · Restrictions on the holding of conductor's licence. - No person shall hold more than one conductor's licence.

29 · Duties, functions and conduct of conductor's of stage carriage. - The conductor of a stage carriage:-

30 · Grant of conductor's licence. - (1) No person shall be granted a conductor's licence unless he satisfies the licensing authority that:-

31 · Badge of conductors of the stage carriages. - (1) A conductor of stage carriage shall display on his left chest a badge in the for in illustrated in the Second Schedule, inscribed with the particulars specified in the said schedule.

32 · Currence of conductor' licence. - A conductor's licence issued or renewed under the Act or the Rules made thereunder shall:-

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:

34 · Replacement of the Photograph. - (1) If 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 a recent photograph of himself.

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 Form C.L.D. along with the fee prescribed under Rule 26, and two clear copies of a recent photograph of himself.

36 · Change of address. - (1) If the holder of a conductor's licence ceases to reside at 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.

37 · Manner of appeals. - An appeal under 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 a certified copy of that order and a fee prescribed under Rule 26.

38 · Exemption from the provisions of sub-section (1) of Section 29. - (1) Where in any 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 one month, act as a conductor of the stage carriage without holding a conductor's licence, required under Section 29.

39 · Effectiveness of a 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.

40 · Registering Authority. - The District Transport Officer shall be the Registering Authority:

41 · Appellate Authority. - (1) The authority to hear appeals against any appellable order other than an order under Chapter-III of the Central Motor Vehicles Rules, 1989, passed by a Registering Authority under Chapter-IV of the Act shall be the District Magistrate.

42 · Appeals, conduct and hearing of. - (1) An appeal, under Rule 41, 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 a certified copy of that order and fee prescribed under Rule 44.

44 · Fees payable under Chapter-IV of the Act. - The fees to be paid under Chapter IV of the Act shall be:-

45 · Exemption from payment of fees. - (1) The State Government may, if it is of opinion that it is in the public interest to do, by general or special order, exempt, totally or partially, any Government Department, local authorities, associates or bodies of individuals, from payment of the fee payable for copies of particulars of registration under Rule 44.

46 · Grant of temporary registration. - (1) An application for a certificate of temporary registration or extension of period of validity thereof shall be made in Form C.R.Tem. A. alongwith the fee-prescribed under Rule, 44:

47 · Facilities to be provided to certain persons for registration of motor vehicles. -

51 · Issue, renewal and cancellation of certificate of fitness. - (1) Certificate of fitness may be issued or renewed by Motor Vehicles Inspector or authorised testing station, subject to the general control and direction of the appropriate Registering Authority.

52 · Extension of validity of certificate of fitness . - (1) If, owing to Mechanical breakdown or other cause, a motor vehicle is, after the expiry of the certificate, outside the area in which the Motor Vehicles inspector by whom the certificate is to be renewed has jurisdiction the Motor Vehicles Inspector may, on an application made to him and without prejudice to any penalty to which the owner or driver may have become liable, if the vehicles is in his opinion fit for use, by endorsement in Form C.F. Sub. and subject to such conditions as he may specify, extend the validity of certificate of fitness for its continued use for such time as may reasonably be necessary for the vehicle to return to

52A · Grant of temporary registration. - (1) An application for a certificate of temporary registration of period of validity thereof shall be made in Form C.R. Tern. A alongwith the fee prescribed under Rule 43:

53 · Notice of alteration in a motor vehicle. - (1) The notice by the owners of a motor vehicle to a registering authority in accordance with sub-section (1) of Section 52 shall be in Form B.T.I.

54 · Issue of duplicate certificate. - (1) If a certificate of temporary registration is lost, destroyed, torn, defaced or mutilated, the owner of the motor vehicle or the dealer, as the case may be, shall forthwith report the matter to the original Registering Authority and shall, apply for the issue of a duplicate, certificate in Form G.D. along with a fee prescribed under Rule 44 and an affidavit swearing the above facts.

55 · Intimation in respect of vehicle not registered within the State. - (1) When any motor vehicle which is not registered in Jharkhand has been kept within Jharkhand for a period exceeding fifteen days, the owner or others persons incharge of the vehicle shall send intimation to the registering authority of the area in which the motor vehicle is kept

56 · Power of Registering Authority to require production of certifications of registration. - The registering authority may, subject to the provisions of subsection (5) of Section 58, require an owner of a motor vehicle to produce the certificate of registration before it for the purpose of revision of entries therein of particulars relating to the gross vehicle weight, and the owner of such a motor vehicle shall produce the certificate of registration within seven days from the date on which such requisition was made.

57 · Information regarding stolen and recovered vehicles. - (1) The Superintendent of Police or such other police officers as the State Government may specify in this behalf, shall furnish monthly returns in the forms appended to this rule, containing the informations regarding vehicles which have been stolen and stolen vehicles which have been recovered of which the police are aware, to the State Transport Commissioner and shall send the copy of such returns to all such officers which the State Government may specify.

58 · Supply of copies of particulars of registration . - A Registering Authority may in its discretion supply copies of particulars of registration of any motor vehicle registered in the records maintained by it, to any person who may apply for the same alongwith a fee prescribed under Rule 44.

58A · Manner of appeals. - (1) An appeal under Rule 41, 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 a certified copy of that order and a fee prescribed under Rule 44.

59 · Exemption of vehicle used solely for the construction, repairs and cleaning of road. - Nothing contained in Chapter-III of the Act shall apply to road-rollers, and other vehicles designed and used solely for the construction, repairs, and cleaning of roads, save that every tractor used to tow trailers shall be registered and every tractor used for the purpose of towing a motor vehicle or trailer shall further require a certificate of fitness.

60 · Preparation and submitting of returns of particulars of registration. - The Registering Authority shall prepare and submit for the State Government a return containing such particulars in respect of motor vehicle registered by him as the State Government may direct. The registering authority may grant a copy of an extract from the return on payment at the rate of five rupees for particulars in respect of motor vehicles up to five and five rupees in respect of each additional number of five or less.

61 · Foreign Diplomatic or Consular Mission exempted from payment of fee to. The State Government may, by notification in the Official Gazette, make an exemption from payment of all or any portion of the fees payable under Chapter-III of the Act in respect of motor vehicle owned by Foreign Diplomat or Consular Missions or accredited Missions engaged in Technical Assistance Programme including Organisation of the United Nations.

62 · Maintenance of State Register of Motor Vehicles . - (1) Every Registering Authority shall furnish a monthly report in duplicate containing particulars required in the form of State Register of Motor Vehicles prescribed by the Central Government to the Transport Commissioner, within ten days of the each succeeding month.

63 · Form of communications. - The Registering Authority shall communicate with another Registering Authority in Form R. Com. for the purpose of intimating:-

64 · Registration marks. - Retention of old assignment of preferred number. - The owners of new Motor Vehicles intending assignment of the registration mark and number which stands assigned to any vehicle owned by them earlier of indicating preference for assignment of a particular registration number of their new vehicle, shall be assigned the same number for which they shall be required to pay an extra amount of Rs. 100/- as fee, if the registration number so asked for is available for assignment in the registration register of concerned registering authority, provided registration number of the old vehicle shall not be assigned to the new vehicle unless up-to-date taxes of the old vehicle are paid, (Provided that the Transport Commissioner may, in special circumstances of the case permit change only once of registration mark of noncommercial vehicle on payment of fees of Rs. 100/-).

65 · State Transport Authority. - (1) The State Transport Authority shall meet at such times and at such places as the Chairman may appoint, provided that it shall meet not less than once in each of the periods of three months of January to March, April to June, July to September and October to December.

66 · Regional Transport Authorities. - (1) The Regional Transport Authority shall meet at such places as its Chairman may appoint: Provided that it shall meet not less than once in each month unless the State Transport Authority otherwise directs.

67 · Transport Authorities-conduct of business of. - Subject to the provisions of the Act and these Rules, the business of the State Transport Authority and the Regional Transport Authority shall be conducted according to the following sub-rules:-

68 · Delegation of powers by State Transport Authority. - (1) The State Transport Authority may, by general or special resolution recorded in its proceedings, and subject to the restrictions, limitations, and conditions herein specified, delegate to the Chairman

69 · Delegation of powers by Regional Transport Authority. - (1) A Regional Transport Authority may, by general or special resolution recorded in its proceedings

73 · Forms to be used for the purpose of Chapter-V of the Act. - (1) Every application for a permit shall be:-

75 · Exemption from payment of fees. - 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, any person

76 · Communication between the Transport Authorities . - (i) Whenever the original Transport Authority grants or renews a permit to be operative in any other region or regions within the State by extending its validity under Rule 81, it shall intimate the fact of such grant or renewal to the Transport Authority of such other region or regions.

77 · Refusal of an application for private service vehicle permit. - Subject to the provisions of sub-section (2) of Section 80, the Regional Transport Authority may in its discretion refuse, an application for a private service vehicle permit, if it is satisfied that-

78 · Entry of registration mark on permit. - (1) Where the registration mark of the vehicle is to be entered on the permit and the applicant is not on the date of application in position of the vehicle then the application shall within one month of the sanction of the application by the Transport Authority may specify, produce before the authority the certificate of registration of the vehicle registered in his name in order that particulars of the registration mark may be entered in the permit.

79 · Additional conditions in respect of certain permits. - (1) A permit in respect of stage carriage shall be subject to the following conditions namely:-

80 · Variation of conditions of permit. - (1) The permit holder may, apply in writing to the Transport Authority to vary any of the conditions of the permit, alongwith a fee prescribed under Rule 74 and the Transport Authority may in its discretion vary such conditions.

81 · Extension of area of validity of permits. - (1) Subject to the provisions of Section 88 and of this rule a Regional Transport Authority which issues a permit (hereinafter referred to as the "Original Transport Authority") may extend the area of validity of a permit other than a stage carriage permit and a goods carriage permit, for any area in any other contiguous region within the State in accordance with any general or special resolution passed and recorded by the Transport Authority of each of the other region concerned; and the original Transport Authority may, upon such extension, attach conditions to the permit with effect to such region or regions and may likewise attach different conditions in respect of different regions.

82 · Renewal of permits or countersignature. - (1) An application for renewal of a permit or a countersignature of a permit shall be made in the form prescribed under Rule 70, to the Transport Authority by which the permit or countersignature of a permit was issued and shall be accompanied by the permit or the countersignature, as the case may be, and the fee prescribed under Rule 74.

84 · Alteration in a vehicle covered by permit. - (1) Further to the provisions of Section 52, the owner shall, at the same time as the report required by that section is

85 · Change of address of permit holder. - (1) If the holder of a permit or a countersignature ceases to reside or have his principal place of business at the address recorded in it, he shall within fourteen days of any such change of address, intimate in the form prescribed under Rule 73, accompanied by such documents as may be specified by the Transport Authority alongwith a fee prescribed under Rule 74 his new address, to the Transport Authority by which the permit or countersignature was granted.

86 · Procedure of cancellation, suspension or expiry of permit. - (1) The holder of a permit may at any time surrender the permit to the original Transport Authority and the authority shall forthwith cancel any permit so surrendered.

87 · Transfer of permit. - (1) Where the holder of a permit desires to transfer the permit to some other person under sub-section (1) of Section 82, he shall, together with the person to whom he desires to make the transfer, make a joint application in writing in the form prescribed under Rule 73, to the Transport Authority by which the permit was granted, setting forth the reasons for the proposed transfer, and shall be accompanied by a fee prescribed under Rule 74.

88 · Production of permit. - The permit shall always be kept with the vehicle and the driver or other person in charge of a vehicle shall produce the permit, on demand by any officer of the Motor Vehicle Department of and above the rank of an Assistant Inspector of Motor Vehicles or any Police Officer not below the rank of a Sub-Inspector of Police.

89 · Provision of taxi meter on motor cabs. - (1) A Regional Transport Authority may, by notification in the Official Gazette, require that within the limits of such area as may be specified in the notification, all motor cabs or any class of motor cabs shall be fitted with taxi meter.

90 · Compulsory fitment of taxi meter. - No motor cab required to be fitted with a taxi meter under Rule 89 (hereinafter referred to as "meter") shall be used in a public place unless:-

91 · Prohibition of use of motor cab with defective meter. - (1) No meter which is in any way defective shall be fitted to any motor, cab and no cab which is fitted with a defective meter shall be used in any public place.

92 · Unauthorized interference with meter. - (1) No person shall break or in any way tamper with any seals or makes placed on a meter or, with an intent to deceive tamper with a meter.

93 · Approval of meters. - (1) An application for the approval of a new or a modified type of a meter shall be made to the State Transport Commissioner and shall be accompanied by two complete specimens of the meter and detailed description with drawings of its mechanism and a fee prescribed under Rule 74.

94 · Constructional requirement of meters. - (1) Method of indicating fare etc. - Every meter shall be so constructed (i) indicate in suitable slots upon the dial the amount of fare calculated by time and/or in kilometers and (ii) to have a flag, the position of the flag showing whether or not the meter is in action (i.e. 'Hired' or 'For hire') or stopped.

95 · Rough test of meter its fitment on motor cab. - (1) A meter of any type approved under Rule 93, shall, before being fitted to a motor cab, be sent to the testing institute for a rough test whether the meter accurately registers time and distance and also for examination as regards its external appearance, general action and conformity with the approved type.

96 · Fees, that may be charged by the testing institute. - The following are the maximum fees that may be charged by the testing institutes for different tests:-

97 · Location of meter on a motor cab. - (1) The meter shall be fitted in such position and in such manner as may be approved by the Regional Transport Authority, having regard to the design of the motor cab. It shall normally be fixed on the near side of the driver's seat, with the face or dial towards the interior of the cab. So as to be clearly visible to the hirer and also capable of being read both by the hirer and the driver.

98 · Sealing of meter after road test. - After the meter is fitted to a motor cab and before the cab is let or plied for hire, it shall be taken to any officer of the Motor Vehicles Department of and above the rank of an Assistant Motor Vehicles Inspector, who shall examine the meter as to the correctness of fittings and submit it to a practical road test of about eight kilometers and time test of not less than half an hour. If the meter is found to be correct its fittings to the cab shall be sealed by such officer in such manner that they cannot be removed or tampered with, without removing the seals.

99 · Meter repairs. - (1) After it is sealed under Rule 98, no repairs to any meter shall be made except by a maker, or a repairer approved by the Regional Transport Authority.

100 · Revocation of approval of meter. - If on receipt of a complaint from any member of the public or of a report submitted by the Secretary, Regional Transport Authority or an Inspector of motor vehicles or police officers not below the rank of Sub-Inspector of Police, the State Transport Commissioner is satisfied that meters of any type approved under Rule 93, do not record fairs correctly, or develop defects or go out of order at frequent intervals, or have ceased to conform to the requirements of Rule 94, he may, after giving a reasonable opportunity to be heard, to the person on whose application such type of meter was approved and to the person, officer or authority on whose complaint or report as the case may be, the revocation of approval of such type of meter

101 · Licensing of agents engaged in sale of tickets . - (1) No owner shall employ any person to act as an agent for sale of tickets for travel by public service vehicles unless that person holds a valid agent's licence.

102 · Licensing of agents engaged in collecting, forwarding or distributing goods. - For the purpose of Rules 103, 104, 105, 107, 108 & 109 unless the context otherwise requires:-

103 · Grant of agent's licence. - (1) Any person desiring to obtain an agent's licence shall make an application to the licensing authority in form prescribed under Rule 73, accompanied by a fee prescribed under Rule 74.

104 · Renewal of agent's licence. - The agent's licence may be renewed on an application made in the form prescribed under Rule 73 to the Licensing Authority, and shall be accompanied by the licence and the fee prescribed under Rule 74.

105 · Conditions of agent's licence. - The agent's licence shall be subject to the following conditions, namely:-

106 · Particulars to be mentioned in contract of agency. - All contracts entered into or way bills issued by a licensee for the purpose of collecting, forwarding or distributing goods shall be in writing and shall contain the following particulars, namely:-

107 · Places to be used for loading and unloading of goods, etc. - (1) The Licensing Authority may, in consultation with the local municipal authority or police authority having jurisdiction over the local area concerned, or both, approve any premises owned or to be used by an applicant for an agent's licence for loading, unloading and for parking goods carriages or for the storage of goods while in the custody of the licensee having regard to the suitability of the site, traffic conditions obtaining in the locality, sanitary conditions, storage facilities, space for parking of vehicles, for the purpose of loading or unloading goods carriages provided at such premises as the place of carrying on the business under the licence.

108 · Suspension or cancellation of agent's licence and forfeiture of security. - (1) Without prejudice to any other action which may be taken against a licensee, the licensing authority may by order in writing cancel an agent's licence or suspend it for such period as it thinks fit, if in its opinion any of the conditions under which the premises have been approved or under which the licence has been granted have been contravened.

109 · Issue of duplicate permits or licences. - (1) If a permit or a countersignature of a permit is lost, destroyed, torn, defaced or mutilated, the holder shall forthwith report the matter to the original Transport Authority and shall apply for the issue of a duplicate copy thereof in the form prescribed under Rule 73, alongwith a fee prescribed under Rule 74.

110 · Appeals. - (1) Any person aggrieved by an order of refusal of approval or of revocation of approval of taxi meter may appeal to the State Government.

111 · Manner of appeal and revision. - (1) An appeal or a revision under Chapter-V 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 a certified copy of that order and a fee prescribed under Rule 74.

112 · Procedure in appeal and revision. - After the State Transport Appellate Tribunal has appointed a time and place for the hearing of an appeal under Section 89 or a revision application under Section 90, it shall give an intimation to the authority against whose orders the appeal or revision application is made and also to the appellant or applicant and such appellant or applicant shall within fourteen days of the receipt of intimation forward to the State Transport Appellate Tribunal a list of documents upon which he proposes to rely together with copies of such documents in duplicate, and may appear before the State Transport Appellate Tribunal in person or through a duly authorised representative on the appointed date and at subsequent hearings.

113 · Intimation of damage to or failure of stage carriage. - (1) The holder of any stage carriage permit in respect of a particular vehicle by reference to the registration mark shall, within seven days of the occurrence, report in writing to the Transport Authority by which the permit was issued, any failure of, or damage to such vehicle or to any part thereof, of such a nature as to render the vehicle unfit for use in accordance with the conditions of the permit for a period exceeding three days.

114 · Stage carriage to ply on routes other than those specified in permit under special circumstances. - If in special circumstances and for reasons to be recorded in writing the authority granting the permit if so directs, the holder of the permit granted in respect of a stage carriage, shall use the stage carriage on such route or in such area in the region other than that specified in such permit and during such period and at such timings as may be specified in the direction.

115 · Maintenance of complaint books. - (1) A bound complaint book duly ruled, paged, signed and stamped with the seal of the stage carriage permit holder, approved and countersigned by the Regional Transport Officer concerned, shall be maintained by the permit holder, in every stage carriage and also at such bus stands as may be directed by the Regional Transport Authority, to enable the passengers to record any legitimate complaint in connection with the stage carriage service.

116 · Safe custody and disposal of property left in a public service vehicle. - (1) Where a permit holder or any responsible person receives any article under clause (f) of Rule 16 or Clause (n) of Rule 29 he shall, keep that article for a period of seven days and shall, if the article is not claimed during that period, handover the same to the officer-in-charge of the nearest police station:

117 · Determination of passengers carrying capacity of public service vehicle. - Notwithstanding anything contained in the Rules, no public service vehicle other than a motor cab shall be licensed to carry a number of passengers in excess of that number obtained by subtracting 90 kilograms from the difference in kilogram between the gross vehicle weight and unladen weight of the vehicle and dividing the resulting figure-

118 · Conduct of persons using stage carriages. - (1) If at any time a passenger or person using or intending to use a stage carriage-

119 · Conduct of passengers using motor cabs and maxi cabs. - (1) No passenger in a motor cab or maxi-cab shall-

120 · Carriage of personal luggage in private service vehicle. - (1) Not more than 25 kilograms of luggage or personal effects per occupant may be carried in a private service, vehicle:

121 · Carriage of the passenger's luggage in stage carriages. - (1) No luggage shall be carried in any stage carriage in such a way as to block an entrance or exit of the vehicle.

122 · Carriage of children and infants in public service vehicles. - (1) In relation to the number of persons that may be carried in a public service vehicles:-

123 · Carriage of goods in public service vehicle. - (1) No goods shall be carried on the top deck of a double decked stage carriage.

124 · Carriage of corpses or persons suffering from any infectious or contagious disease in public service vehicles and the disinfection of such vehicles. - (1) No driver and conductor of a stage carriage or no driver of a contract carriage shall cause or allow to enter into or to be placed or carried in the vehicle, any person whom he knows or has reason to believe to be suffering from any such infectious or contagious disease, or the corpse of any person whom he knows or his reason to believe to have been suffering from any such disease:

125 · Carriage of persons in goods carriages. - (1) Subject to the provisions of this rule, no person shall be carried in a goods carriage:

126 · Carriage of animals in goods carriage. - (1) No cattle shall be carried in a goods carriage in a public place unless-

127 · Painting and marking of motor cabs in certain manner. - (1) In case of the motor cabs ordinarily known as Autorickshaw, the hood of every such cab shall be painted in cream yellow and the rest of the body in black colour:

128 · Prohibition of painting or marking of transport vehicle in certain manner. - (1) No advertising device, figure or writing shall be exhibited on any transport vehicle save as may be specified by the Regional Transport Authority by general or special order.

129 · Power to inspect tax meters. - Any police officer in uniform not below the rank of a Sub-Inspector of Police or any officer of the Motor Vehicles Department, of and above the rank of an Assistant Inspector of Motor Vehicle, in uniform may, if he has reason to believe that a motor cab fitted with a meter has been or is being plied with the meter which is defective or have been tampered with, stop such motor cab and in order to test such meter direct this driver or the person-in-charge of such motor cab to proceed to the nearest testing institute and take or cause to be taken such other steps as he may consider proper for the purpose.

130 · Power to inspect transport vehicle and their contents. - (1) Any police officer in Uniform not below the rank of a Sub-Inspector of Police or any Officer of the Motor Vehicles Department in uniform, may at any time when a goods carriage is in a public place call upon the driver of such vehicle to stop the vehicle and to keep it at rest for such time as may be necessary to enable such officer to make reasonable examination of the contents of the vehicle.

131 · Power to inspect business premises. - Any officer of the Motor Vehicles Department, of and above the rank of an Assistant Motor Vehicles Inspector, or any other person authorised in this behalf by the State Government may, enter at all reasonable time any premises used by the permit holder for his business, for the purpose of inspection of such premises.

132 · Fixing the hours of work in advance. - The State or a Regional Transport Authority may require persons employing any person for the purpose of driving a transport vehicle, to make, to the satisfaction of the said authority, such time-table, schedule or regulation, as may be necessary, fixing before hand, the hours of work of the persons employed by him, and upon approval by such authority of any time-table, schedule or regulation as aforesaid, it shall be the record of the hours of work fixed for the persons concerned for the purpose of sub-section (3) and sub-section (4) of Section 91.

133 · Record to be maintained and the returns to be furnished by the owners of Transport Vehicles. - (1) The Regional Transport Authority may by general or special order, require the owner of a Transport Vehicle. -

134 · Form of scheme for State Transport Undertaking . - (1) The proposal of a scheme or modification of approved scheme to be prepared by the State Government under the provisions of Section 99 or Section 102, shall be in Form S. S.T.U. containing all the particulars specified in the said form and shall be published in that form.

135 · Manner of filing objections to the proposal of a scheme. - Any person, association or authority desiring to file any objection to the proposal of a scheme or to the modification of approved scheme shall do so in the form of a memorandum addressed to the Secretary to the State Government in Transport Department.The memorandum shall set forth concisely the grounds for the objections to the scheme, and shall in addition contain the following particulars namely-

136 · Manner of considering objections. - (1) The Secretary to Transport Department may consider the proposal of a scheme or modification of approved scheme and the objections at a hearing of which at least 7 days notice shall be given to every objector and the State Transport Undertaking.

137 · Publication of the scheme or the modification of approved scheme. - The scheme to be published under sub-section (3) of Section 100 of the modification thereof shall, as far as may be practicable, be in Form A. S. S. T. U.

138 · Manner of service of orders under Chapter-VI. - Every order under Chapter-VI of the Act shall be served:-

139 · Unclaimed articles. - When at the conclusion of any journey any unclaimed article is found in any transport vehicle operated by the State Transport Undertaking the same shall be disposed of in accordance with the provisions of Rule 116.

140 · Application for permit under Chapter-VI of the Act. - Every application for permit shall be made in the form prescribed under Rule 73 and shall be accompanied by a fee prescribed under Rule 74 and shall be made not less than two weeks before the date on which it is desired that the permit shall take effect.

141 · General. - (1) No person shall use and no person shall cause or allow to be used or to be in any public place any motor vehicle which does not comply with the rules contained in this chapter, or with the rules made by the Central Government under Chapter-VI I of the Act or with any order made thereunder by a competent authority: Provided that any officer of the Motor Vehicles Department of and above the rank of an Assistant Motor Vehicle Inspector may not permit the use of a motor vehicle with defective brakes or lights, if in the opinion of such officer, the use of such defective vehicle constitutes the danger to the public, until the defect is remedied.

142 · Rear view Mirror. - Every motor vehicle shall be fitted with a mirror, so placed that the driver shall be able to a clear and distinct vision of vehicles approaching from the rear.

143 · Springing. - Every motor vehicle and every trailer drawn thereby shall be equipped with suitable and sufficient system between the road, wheels and the frame of the vehicles, and it shall be adequately maintained in good and sound condition. Provided that this rule shall not apply to:-

144 · Mudguards. - (1) Every motor vehicle other than a tractor, shall be provided with mudguards or mud flaps or both to catch so far as practicable mud or water thrown up by the rotation of the wheels, unless adequate protection against such mud or water being thrown up, is afforded by the body of the motor vehicle.

145 · Display of fluorescent strips. - On every transport vehicle, there shall be display on the front and rear bumper and where no rear bumper is provided, on the lower part of the rear of the vehicle, three red fluorescent strips, being each strip 30 centimeters long and 2.5 centimeters wide, with even spacing between the strips.

146 · Attachments to Motorcycle. - (1) Every side-car attached to a motorcycle shall be so attached at the left hand side of the motorcycle, that the wheel thereof is not outside the perpendicular planes at right angles to the longitudinal axis of the motorcycle passing through the extreme projecting points in front and in the rear of the motorcycle.

147 · Particulars to be exhibited on vehicles with left hand control. - (1) A motor vehicle fitted with a left hand steering control shall exhibit the words "Left Hand Drive" in red on a white background, on a plane plate or a plane surface of the vehicle, at a conspicuous place on the rear of such vehicle.

148 · General maintenance. - Every public service vehicle, and all parts, mechanisms and system thereof, including paintwork, varnish and upholstery, shall be maintained in a clean, sound and reliable condition.

149 · Body Construction. - The body of every public service vehicle shall be constructed and fastened to the frame of the vehicle in compliance with such directions as may from time to time be issued by the State Transport Authority.

150 · Body dimensions. - (1) Every public service vehicle shall have an enclosed body and shall be so constructed that (a) the height of the sides of the body from the floor or the height to the sills of the window, as the case may be, shall not be less than 715 millimetres; (b) if the height of the sides of the body or the sills of the windows, as the case may be, above the highest part of any seat is less than 460 millimetres, provision is made by means of guard rails or otherwise, to prevent the arms of seated passengers being thrust through and being injured by passing vehicles, or to the extent to which side window or Venetians when lowered, their top edge is not less than 460 millimetres above the highest part of any seat.

151 · Stability. - (1) The stability of a double decked public service vehicle shall be such that when loaded with weights of 50 kilograms per person placed in the correct relative position, to represent the driver and conductor (if carried), and a full complement of passengers on the upper deck only, if the surface on which the vehicle rests were tilted to either side to an angle of 28 degrees from the horizontal, the point at which over turning occurs would not be reached.

152 · Driver's seat. - (1) Every public service vehicle shall be so constructed that there shall be proper and sufficient sitting accommodation for the driver.

153 · Communication with driver. - Every public service vehicle in which the driver's seat is separated from passenger's compartment by fixed partition which is not capable of being readily opened shall be furnished with efficient means to enable the passengers and the conductor, if any to signal to the driver to stop the vehicle.

154 · Carriage of Standees. - (1) Subject to the provisions of sub-rule (2) no passenger shall be permitted to be carried standing in any public service vehicle.

155 · Seating arrangements. - (1) In every motor cab, there shall be provided a reasonably comfortable seating space for each passenger.

156 · Gangway. - (1) In every public service vehicle other than a motor cab there shall be a gangway by which passengers may enter or leave the vehicle, (i) Where seats are placed along the sides of the vehicle there shall be a gangway of a clear space of not less than 620 mm. measured between the fronts of the front of the seats, and (ii) Where seats are placed across the vehicle there shall be a gangway of a clear space of not less than 310 mm. measured between any part of adjoining seats or their supports.

157 · Head room. - Every public service vehicle other than a motor cab shall have the following internal height or head room measured along the centre of the vehicle from the top of the floor boards or battens to the underside of the root supports:-(i) in the case of single decked vehicle and lower deck of double decked vehicle, not less than 1.75 meters and not more than 2 meters, (ii) in the case of upper deck of a double decked vehicle not more than 1.7 meters, (iii) in the case of a vehicle having capacity to carry not more than 15 passengers, not less than 1.30 meters.

158 · Doors. - (1) Every entrance and exit of a public service vehicle other than a motor cab shall be at least 540 millimetres in width and of sufficient height.

159 · Step. - In every public service vehicle other than a motor cab the tops of the tread of the lowest step for any entrance or exit, other than an emergency exit, shall not be more than 520 millimetres or less than 250 mm above the ground when the vehicle is empty. All steps shall be fitted with non-slip treads. Fixed steps shall not be less than 230 mm inside and shall in no case project laterally beyond the body of the vehicle unless they are so protected by the front wings otherwise that they are not liable to injure pedestrians.

160 · Grab rail. - Grab rail shall be fitted to every entrance or exit, other than an emergency exit, of a public service vehicle other than a motor cab and a maxi cab to assist passengers in boarding or alighting from the vehicle.

161 · Cushions. - The seats of a public service vehicle shall be provided with fixed or movable cushions, and the cushions shall be covered with leather cloth of good quality or other suitable material so that they are capable of being kept in a clean and sanitary condition.

162 · Floor boards. - (1) The floor boards of every public service shall be strong and closely fitted so as to exclude as far as possible droughts and dust.

163 · Exhaust gas. - Every public service vehicle shall be so maintained that the engine exhaust fumes do not enter the passenger compartment.

164 · Internal lighting. - Every public service vehicle shall be furnished with one or more electric light adequate to give reasonable illumination throughout the passenger's compartments including the entrance and exit but of such power or so screened as not to impair the forward vision of the driver.

165 · Ventilation. - Every public service shall be provided with adequate means of ventilation so that there shall be proper ventilation even when the windows, are not opened. If the vehicle is provided with opening windows, suitable provisions shall also be made so that the opening of the windows could be adjusted.

166 · Protection of passengers from weather. - (1) Every public service shall have a fixed and water-tight roof.

167 · First-Aid-Box. - Every public service vehicle other than a motor cab and a maxi cab shall carry a dust-proof first aid box containing the following articles, namely:-

168 · Locking of motors of nuts. - All moving parts of every public service vehicle and all parts subject to severe vibration connected bolts or studs and nuts, shall be fastened by locking of nuts with efficient spring or lock nut washers or by castellated nuts and split pins or by some other efficient devices so as to prevent them working or coming loose.

169 · Approval of locally manufactured trailer. - (1) No locally manufactured trailer intended to be used as a transport vehicle within the State shall be registered as transport vehicles unless the design of such trailer is approved, provided that this rule shall not apply to trailers manufactured outside India .

170 · Body and loading platform. - Every good vehicle including a trailer shall be equipped with strong platform or body so constructed as to be capable of carrying the load for which it is used without danger to other road users and such that the load can be securely packed within or fastened to the body or platform.

171 · Driver's compartment. - No transport vehicle shall be so constructed, that any person can sit, or any luggage or goods can be carried between the driver's seat and his door.

172 · Spare wheel and tools. - (1) Save as otherwise specified by the Regional Transport Authority in respect of municipal or cantonments areas, every transport vehicle shall at all times be equipped with a spare wheel or rim fitted with a pneumatic tyre in good, sound and readily inflated condition and mounted in such a way that it can be readily dismounted and fitted to the vehicle in the place of any one of the wheels.

173 · Fitment of audio or audio-visual devices. - (1) No motor vehicle shall be fitted with an audio or audio-visual device in such a position so that, it distracts the attention of driver.

174 · Sound signals. - Restriction on use of:-(i) No driver of a motor vehicle shall sound the horn or other device for giving audible warning with which the vehicle is equipped, or shall cause or allow any other person to do needlessly or continuously or to an extent beyond that which is reasonably necessary to ensure safety .

175 · Prohibition in respect of wind-screen. - (1) No coloured film or such other device shall be attached or affixed on the front wind screen of any motor vehicle so that it obstructs the driver in having a clear vision to the front.

176 · Application of certain provisions to private service vehicles and educational institution bus. - The provisions of Rules 148 to 166 and 175 shall, as far as may be, apply to private service and educational institution bus.

177 · Distinguishing board for contract carriage. - Every contract carriage other than a motor-cab and a maxi cab shall carry in a prominent place on the front of the vehicle a distinguishing board in the regional language or in English with letters a 'CONTRACT CARRIAGE' painted in black on white background. The height and the thickness of each letter shall be not less than 65 mm and 15 mm respectively.

178 · Exemption of Military vehicles. - Nothing contained in this chapter shall apply to military vehicles registered under Section 60 of the Act.

179 · Exemption of road rollers, graders etc. - Nothing contained in these rules shall apply to road rollers, graders and other vehicles designed and used solely for the construction, repair and cleanings of road or for the construction and maintenance of dams.

180 · Exemption from the provisions of Chapter-VII of the Act. - Subject to such conditions as may be prescribed by the Central Government, the State Government may, by general or special order or by notification in the official Gazette, exempt any motor vehicle or class of motor vehicles from all or any of the provisions of the rules made under Chapter-VII of the Act, either generally or in such area or areas or on such route or routes and subject to such conditions, if any, as may be specified therein, if it is satisfied that-

181 · Conditions for exemption in respect of imported or military disposal vehicles including trailer. - The exemption from the provisions of Rule 96 of the Central Motor Vehicles Rules, 1989, in respect of any imported or military disposal tractor-trailer in combination, articulated units, full trailer or semi-trailer or any other motor vehicle, shall be subject to the following conditions:-

182 · Restriction of use of trailer. - No trailer other than a semi-trailer shall be used as a public service vehicle.

183 · Prohibition of drawing of trailers. - No motor vehicle, other than a tractor or a prime motor of articulated vehicle and truck-trailer combination, shall draw a trailer or a semi-trailer.

184 · Restriction on number of trailers to be drawn. - (1) Subject to the provisions of Rule 185, a tractor may draw more than one trailer:

185 · Restriction on length of train or vehicle and trailers. - The sum-total of the length of any vehicle and it's attached trailer or trailers shall not exceed 18 meters.

186 · Distinguishing mark for trailers. - (1) No person shall drive and no person shall cause or allow to be driven, in any public place any motor vehicle to which a trailer is or trailers are attached unless there is exhibited on the front of such motor vehicle and on the back of the trailer or of the last trailer in train, as the case may be, a distinguishing mark in the form set out in the diagram contained in the Fourth Schedule to these rules, in white on a black ground.

187 · Other authorities or person under Chapter-VIII of the Act. - The officers mentioned in column 2 of the following Appendix for the purposes of the provisions specified against them in column 3 of the Appendix shall be the authorities authorised or empowered, as the case may be, for the said purposes.

188 · Extent of application of Section 130. - No person shall be liable to be convicted of an offence under Section 130, if at the time when the document referred to in the said section is required to be produced on demand by the checking officer, he has-

189 · Weighing device. - (1) A weighing device for the purpose of Section 114 may be a weigh bridge installed and maintained at any place by or under the orders of the

190 · Fees for storage of goods removed from over-loaded vehicles. - (1) The fees to be charged by the godown-keeper, in respect of goods removed under sub-section

191 · Parking places and halting stations. - (1) In consultation with local authorities having jurisdiction in the area concerned and in the city where there is Commissioner of Police, in consultation with such Commissioner of Police and elsewhere, with the District Magistrate, the Regional Transport Authority may, by notification in the Official

192 · Traffic control signals. - For the purpose of Section 119, signals or directions given by the police officer shall be as illustrated as in the fifth schedule.

193 · Stationary motor vehicle on road. - (1) If any motor vehicle is stationary, abandoned or left unattended in any place other than a duly appointed parking place in such a way as to cause obstruction to traffic or danger to any person or creating a traffic hazard, any police officer shall:-

194 · Use of lamps on stationary vehicles. - (1) On every motor vehicle while it is stationary on a public road during the period between half an hour after sunset and half an hour before sunrise and at any other time when there is not sufficient light the parking lights shall be kept lighted if the vehicle is in such position as to cause danger or undue inconvenience to other road users.

195 · Removal of goods abandoned on road. - Where a goods carriage has been incapacitated to move due to accident, mechanical break down or due to any other reason, and where the goods carried by such goods carriage is lying outside the vehicle in such condition as to cause traffic hazard or to obstruct the free flow of traffic or to endanger the life and property of other users of road, any police officer in uniform may require the driver or the other person incharge of such goods carriage, to remove the goods immediately to a place where it will not cause any hazard, obstruction or danger.

196 · Use of protective head gear. - Every person driving or riding (otherwise than in a side car) on a motorcycle shall wear a protective head gear, that is, a helmet which by virtue of its shape, material and construction could be expected to afford to the person driving a motorcycle, a degree of protection from injury in the event of an accident: Provided that the following shall operate as an exception to the provisions of Section 129, of the Act-

197 · Prohibition of erection or placing of sign or advertisements on roads. - No person shall place or erect or cause or allow to be placed or erected, on any road, any sign or advertisement-in such a way as to obscure any traffic signs from view or any sign or advertisement which is so similar in appearance to a traffic sign as to be misleading.

198 · Prohibition of driving down hill with the gear disengaged. - No person shall drive a motor vehicle with the engine free, that is to say: with the gear lever in neutral the clutch lever depressed, or with any free wheel or other device in operation which free the engine from the driving wheels and prevents the engine from acting as a brake when the vehicle is travelling down an incline.

199 · Prohibition of taking hold of or mounting a motor vehicle in motion. - (1) No person shall mount or attempt to mount on, or the down from any motor vehicle when the motor vehicle is in motion.

200 · Prohibition of driving on foot-path or cycle tracks. - Where any road or street is provided with foot-path or tracks reserved for cycle or specified classes of other traffic, no person shall, save with the sanction of Police Officer in uniform, drive any motor vehicle or cause or allow any motor vehicle to be driven on any such foot-path or track.

201 · Prohibition of driving of certain vehicle. - (1) No tractor of the following type shall be driven on any public road unless-

202 · Projection of loads. - (1) Nothing shall be placed or carried upon the outside of the road of a double-decked public service vehicle.

203 · Cut-outs-prohibition of the use of. - No driver of a motor vehicle, shall, in public place, make use of any cut-out or other device by a means of which the exhaust gases of the engine are released save through the silencer.

204 · Restriction on travelling backwards. - No driver of a motor vehicle shall cause the vehicle to travel backward without first satisfying himself that he will not thereby cause danger of undue inconvenience to any person or in any circumstances, save in the case of a road roller, for any greater distance or period of time than may be reasonably necessary in order to turn the vehicle round.

205 · Visibility of lamps and registration marks. - (a) No load or other thing shall be placed on any motor vehicle so as at any time to mark 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 provisions of the Act, unless a duplicate of the lamp or mark so marked otherwise obscured is exhibited in the manner required by or under the Act for the exhibition of the mark or obscured lamp mark.

206 · Stop sign on road surface. - (1) When any line is painted on or inlaid into the surface of any road at the approach to a load 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 traffic control lights or by a traffic sign.

207 · Restriction on carriage of dangerous substances. - Notwithstanding any other action which may be taken under the Act or under any other law for the time being in force for contravention of any condition for carriage of inflammable or explosive, substances, any police officer or any officer of the Motor Vehicles Department, in uniform, may remove or cause to be removed from the vehicle, any inflammable, explosive or dangerous substance carried in any public service vehicle.

208 · Restriction on use of sound signals. - The District Magistrate, may; by notification published in the Official Gazette or in one or more newspaper, and by the erection of traffic sign in suitable places, prohibit the use of any horn or such other device, in any area under his jurisdiction during such hours as may be specified in the notification.

209 · Restriction on dazzling light. - (1) The driver of a motor vehicle shall at all times when the light of the motor vehicle are in use, so manipulate them that danger or undue inconvenience is not caused to any person by dazzle.

210 · Attendant. - (1) In every transport vehicle other than a motor-cab, maxi-cab or a private service vehicle, there shall be an attendant who shall be in such position as to give warning to the driver of any vehicle approaching from the year.

211 · Securing of goods in open goods carriage. - (1) Goods transported in an open goods carriage shall be properly secured within the body of such vehicle in such a manner so as to prevent the goods from falling from such vehicle.

212 · Exhibition of reflect or boards. - (1) And each such carriage shall carry three reflector boards, and each such board-

213 · Exemption from the provisions of Chapter-VIII of the Act. - (1) The State Government may by general or special order, in the official Gazette, exempt fire brigade vehicles, ambulance or other special classes or descriptions of vehicle from all or any of the provisions of the rules made under Chapter-VIII of the Act, either generally or in such area or areas or on such route or routes and subject to such conditions, as may be specified therein.

214 · Public parking place and stand. - The District Magistrate, may, in consultation with the local authorities having jurisdiction in the area concerned notify-

215 · Inspection of motor vehicle involved in fatal accident. - (1) Upon a requisition made by any police officer of and above the rank of a Sub-Inspector of Police, any officer of and above the rank of an Assistant Motor Vehicles Inspector may inspect any motor vehicle involved in fatal accident.

216 · Towing. - (1) No vehicle, other than a mechanically disabled or incompletely assembled as motor vehicle a registered trailer or a side car, shall be drawn or towed by any motor vehicle.

217 · Trailer prohibited with motorcycles and invalid carriage. - (a) No motorcycle shall draw a trailer exceeding 265 kilograms, in weight unladen or 152 centimeters, in overall width.

218 · Prohibition of attachment of trailer to certain vehicles. - No motor vehicle which exceeds 792 centimeters, in length shall draw a trailer:

219 · Attendants on trailers. - (1) When a trailer is or trailers are being drawn by a motor vehicle, there shall be carried in the trailer or trailers or on the drawing motor vehicle, as the case may be, the following person, not being less than twenty years of age and competent to discharge their duties, that is to any:-

220 · Distinguishing mark for trailers. - (a) No person shall drive, or suffer or cause to be driven, in any public place any motor vehicle to which trailer is or trailers are attached unless there is exhibited on the back of trailer or of trailers or of the last trailer in train, as the case may be, a distinguishing mark in the form set out in the diagram contained in the fifth schedule to these rules in white on a background.

221 · Attendant. - Every locomotive shall carry not less than one attendant, being a competent person of over twenty years in age, in addition to the driver, to assist the driver in the management of the locomotive.

222 · Other authority under Section 147(4). - The other authority to whom the Insurer is required to notify under sub-section (4) of Section 147, shall be the Registering Authority in whose jurisdiction the owner of the vehicle to which cover note relates, has the residence or place of business where the vehicle is normally kept.

223 · Production of certificate of Insurance under Section 159. - The owner of a motor vehicle applying to pay tax on the vehicle or in the case of a vehicle which is exempted from payment of tax under the Act, when applying for exemption, shall forward with the application a valid certificate of insurance of sub-section (4) of Section 147 of Act relating to the vehicle and complying with the requirements of Chapter-XI of the Act and valid-

224 · Insurance certificate : requisite condition for issue of permit. - No permit shall be issued in respect of any transport vehicle unless it is covered with a valid certificate of insurance and satisfied the requirements of Chapter-XI of Act.

225 · The power exercisable by a Police Officer under Section 158. - Shall be exercisable also by any officer of the Transport Department not below the rank of an Assistant Motor Vehicle Inspector.

226 · Procedure regarding compensation arising out of accident. - (1) An application for compensation under sub-section (1) of Section 166 shall be made to the Claims Tribunal in Form Comp. A. and shall contain the particulars specified in that Form.

227 · Fees. - (1) An application for compensation under Rule 226, where a claim is for an amount not exceeding Rs. 9,999/- shall be accompanied by an amount of ten rupees:

228 · Exercise of powers of Civil Court. - The Claims Tribunal may exercise all the powers of a Civil Court save in so far as the same are not inconsistent with the provisions of the Motor Vehicles Act, 1988 and the Rules made thereunder.

229 · Diary of the proceedings. - The Claims Tribunal shall maintain a brief diary of the proceedings on an application for compensation.

230 · Assistance of Experts. - (1) The Claims Tribunal may for the purpose of adjudicating upon any claim for compensation other than a claim for compensation, under Section 140, choose not more than two person having technical or special knowledge with respect to any matter before the Tribunal for the purpose of assisting the Tribunal in the holding of the enquiry.

231 · Appearance of legal practitioner. - The Claims Tribunal may, in its discretion, allow any party to appear before it through a legal practitioner.

232 · Examination of applicant. - On receiving an application under Rule 226, the Claims Tribunal may examine the applicant upon oath, and the substance of such examination shall be reduced in writing and shall be signed by the member constituting the Tribunal or as the case may be, the Chairman.

233 · Summary dismissal of application. - (1) The Claims Tribunal may, after considering the application and the statement, if any, of the applicant, recorded under Rule 232, summarily dismiss the application, if for reasons to be recorded, the Tribunal is of opinion that there are not sufficient grounds for proceeding therewith.

234 · Notice to opposite party. - If the application is not dismissed under Rule 233, the Claims Tribunal shall send the insurer or the owner or the driver of the motor vehicle against whom the applicant claims relief (hereinafter referred to as 'opposite party'), a

235 · Examination of opposite party. - The opposite party may and if so required by the Claims Tribunal, shall at or before the first hearing or within such time as the Claims Tribunal may permit, file a written statement dealing with the claim raised in the application, and any such written statement shall form part of the record, provided that in case of an application in which the claim does not exceed Rs. 10,000/- the opposite party shall, on the date mentioned in the notice sent to him, file his written statement dealing with the claim raised in the application together with all the documents and affidavits for the proof of those documents and of facts on which he relies in support of his defence of the application entered in a properly prepared list of documents, affidavits and shall give to the applicant copies of the written statement, documents and affidavits: Provided further that the Claims Tribunal may not allow the opposite party to rely in support of his defence, on any document or affidavit not filed along with the written statement, unless he satisfies the Claims Tribunal that for good or sufficient cause he was prevented from filing such document or affidavit, as the case may be, alongwith his written statement.

236 · Framing of issue. - After considering any written statement and the result of any examination of the parties, the Claims Tribunal shall ascertain upon what material prepositions of fact or of law the parties are at variance and shall proceed to frame and record the issue upon which the right decision of the case appears to it to depend.

237 · Determination of issue. - After framing the issues, the Claims Tribunal shall proceed to record evidence thereon which each party may desire to produce.

238 · Summoning of witnesses. - If an application is presented by any party to the proceedings for citation of witnesses the Claims Tribunal shall, on payment of such expense and fees, if any, as it may determine, issue summons for the appearance of such witnesses, unless it considers that their appearance is not necessary for a just decision of the case.

239 · Recording of evidence. - The member constituting the Claims Tribunal or the Chairman thereof shall make a brief memorandum of the substance of the evidence of every witness as examination of the witness proceeds and such memorandum shall be written and signed by the member or the Chairman thereof with his own hand and shall form part of the record:

240 · Local inspection. - (1) The Claims Tribunal may, at anytime during the course of an enquiry before it, visit the site at which the accident occurred, for the purpose of making a local inspection or examining any person likely to be able to give information relevant to proceedings.

241 · Summary examination. - (1) The Claims Tribunal during a local inspection or at any other time, save at a formal hearing of a case pending before it, may examine summarily any person likely to be able to give information relating to such case's whether such persons has been or is to be called as a witness in the case or not, and whether any or all of the parties are present or not .

242 · Recording of reasons for postponement. - If the Claims Tribunal finds it impossible to dispose of an application at one hearing, it shall record the reasons which necessitate the postponement.

243 · Judgement. - The Claims Tribunal, in passing orders, shall record concisely in a Judgement the findings on each of the issue framed and its reasons for such findings.

244 · Application of Code of Civil Procedure. - In so far as these rules make no provision or make in sufficient provision, the Claims Tribunal shall follow the procedure laid down in the Code of Civil Procedure, 1908 (V of 1908) for the trial of suits.

245 · Savings. - Notwithstanding anything contained in these rules--(a) in the case of claim under Section 140 and in the case of any other claim not exceeding an amount of Rs. 10,000/- the Claims Tribunal may, at its discretion, after hearing the arguments of the parties, or of their legal practitioners if allowed under Rule 231 and after examining the documents, and affidavits accompanying the application for compensation decide the claim by recording a concise judgement and, (b) in case of a claim exceeding an amount of Rs. 10,000/- but not exceeding Rs. 25,000/- the Claims Tribunal may, at its direction, follow the provisions of Order XIX of the Civil Procedure Code:

246 · Procedure regarding compensation on the principle of no fault. Notwithstanding anything contained in Rules 226, 245 and 247 in the case of a claim for compensation under Chapter X of the Act, the procedures shall be as follows, namely:-

247 · Receipt of compensation paid. - Upon payment of compensation, the Claims Tribunal shall obtain a receipt from the claimant and shall forward such receipt to the concerned insurer of the owner of the vehicle, as the case may be, for the purpose of record.

248 · Enforcement of an award of Claims Tribunal. - Subject to the provisions of Section 174, the Claims Tribunal shall, for the purpose of enforcement of its award, have all the powers of a Civil Court in the execution of a degree under the Code of Civil Procedure, 1908 (V of 1908) as if, the award were a degree for the payment of money passed by such Court in a civil suit.

249 · Manner of appeals. - (1) Every appeal against the Claims Tribunal shall be preferred in the form of a memorandum signed by the appellant or an advocate or attorney of the High Court duly authorised in that behalf by the applicant and presented to the High Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the award.

250 · Temporary acknowledgement in lieu of driving licence. - (1) Where police officer or an officer of the Motor Vehicles Department or other Competent Authorities has taken temporary possession of a driving licence from the holder, under the provisions of Section 206 or for any other purpose, such officer or authority, shall unless the driving licence has been suspended or cancelled, issue a temporary acknowledgement in Form L.Temp, to the holder, authorising such holder to drive such class of vehicles, during such period as may be specified therein; and during that period, the production of such temporary acknowledgement on demand, shall be deemed to be the production of the driving licence:

251 · Temporary acknowledgement in lieu of certificate of registration. - (1) Where a police officer or an officer of the Motor Vehicles Department or other Competent Authority has taken temporary possession of a certificate of registration from the owner or the driver of a motor vehicle, under the provisions of Section 213 or for any other purpose, such officer or authority shall unless the certificate of registration has been suspended or cancelled, issue a temporary acknowledgement in Form C.Temp. to the owner or the driver, as the case may be, authorising such owner to use the vehicle during such period as may be specified therein and during that period the production of such temporary acknowledgement on demand shall be deemed to be the production of the certificate of registration:

252 · Penalty for causing obstruction to free flow of traffic. - Notwithstanding anything contained in Rule 193 and subject to the provisions of Section 127 and Section 201, any officer not below the rank of Sub-Inspector any Magistrate or any officer of the Motor Vehicles Department not below the rank of Executive Magistrate or Assistant Motor Vehicle Inspector/Enforcement Sub-Inspector may recover a penalty at the rate of fifty rupees per hour from a person who keeps a disabled vehicle on any public place in such a manner, so to cause impediment to the free flow of traffic.

2 · (L) "Pollution under control certificate" means a written document indicating that the level of pollution from the exhaust of a Motor Vehicle is within the prescribed limits prescribed under the Central Motor Vehicles Rules, 1989.

2 · (M) "Authorisation authority" means the State Transport Commissioner or an officer not below the rank of joint Commissioner or Transport to whom power has been delegated to issue authorisation by the State Transport Commissioner.

254 · Powers of officers of Motor Vehicles Department. - Any officer of the Motor Vehicles Department, of above the rank of an Assistant Inspector of Motor Vehicles shall exercise the powers under the provisions of Sections 114 (1), (2) and (3), 132(1), 133, 134(b), 136, 158(1) and (4), 206, 207 and 213, subject to the restrictions imposed therein.

255 · Performance of functions by officers of the Motor Vehicles Department. Notwithstanding anything contained in these Rules-

256 · Uniform for the officers of the Motor Vehicles Department. - The Uniform for the Deputy Director of Transport, Regional Transport Officer, Assistant Director of Transport, Motor Vehicles Inspector and Assistant Motor Vehicles Inspector shall be as follows:-

257 · Repeal and Savings. - (1) The Bihar Motor Vehicles Rules, 1940 are hereby repealed.

258 · The Motor Vehicle (Transport) Department shall consist of the following classes of officers:-

259 · The officers shall in addition to any other function prescribed under the Act, and these Rules, discharge the functions mentioned below against their respective name. -

3 · Present address....................

4 · Date of birth....................

1 · Name of the

2 · Date of birth ... ... ...

50 · mm x 60mm

11 · I herewith tender the fee prescribed in Rule 74.

4 · The holder of this licence is licensed to act as an agent for collecting, forwarding or distributing goods carried by goods carriages.

5 · This licence is valid from to...............

6 · Principal place of business.........

7 · Places of each branch office........

8 · So long as this agent's licence is valid and renewed from time to time for the premises approved and which are maintained as per provisions of sub-rule (2) of Rule 104 the holder is authorised to engage himself for carrying on the business as agent for collecting, forwarding or distributing goods carriages plying for hire.

9 · This licence shall be subject to the following conditions:-

7 · The licence shall be subject to the following conditions:-