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1 THE RAJASTHAN MOTOR VEHICLES RULES, 1990

cb5337ff4e09b32258ee6d14e43527adfdda787e · 1988 · State unknown

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Parent: The Motor Vehicles Act, 1988 (1988) (8ead352f5939db5be6d6016f36ddfc1a091b44bc)

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1 THE RAJASTHAN MOTOR VEHICLES RULES, 1990 G.S.R.3 – whereas the Draft of the Rajasthan Motor Vehicles Rules, 1989 was published as required by Sub-Section (1) of Section 212 of Motor Vehicles Act, 1988 (59 of 1988) in the Rajasthan Gazette, Extraordinary, Part 3(kh) dated the January 6, 1990, inviting objections and suggestions from all persons likely to be affected thereby before the expiry of 30 days from the date on which the copies of the said notification, as published in Rajasthan Gazette, are made available to the public. AND WHEREAS, copies of the said notification were made available to the public on the 7 th March, 1990. AND WHEREAS the objections and suggestions received on the said draft rules have been considered by Government. Now, therefore, in exercise of the powers conferred by Sections 8(3), 28, 38, 65, 95, 96, 107,111,138, 146 , 176, 201, 211 and 213 of the said Act, the State Government hereby makes the following rules, namely- CHAPTER I PRELIMINARY 1.1 Short title and application.- (1) These rules may be called the Rajasthan Motor Vehicles Rules, 1990. (2) They shall come into force from the date 2 separately notified in the Official Gazette and shall extend to the whole of the State of the Rajasthan. 1. Notification No. F.7(2)/Rules/HQ.89-90dated 21.04.1990, published in Raj. Gazette E.O. part 4 (Ga) (I) dated 10.05.1990 and corrected by corrigendum No. F.7(2) Rules(HQ)/89-90 dated 20.07.1990, published in Raj. Gazette Part 4 (Ga)(I) dated 26.07.1990. 1.2 Definitions.- (1) In these rules unless there is anything repugnant, in the subject or context,- (a) "Act" means the Motor Vehicles Act, 1988 (59 of 1988) of the Central Legislature; (b) "Additional Secretary of the 3 [ State Transport Authority/Regional Transport Authority]" means an officer, no

Rule TOC

1 · THE RAJASTHAN MOTOR VEHICLES RULES, 1990
1 · 1 Short title and application.- (1) These rules may be called the Rajasthan Motor Vehicles Rules, 1990.
1 · Notification No. F.7(2)/Rules/HQ.89-90dated 21.04.1990, published in Raj. Gazette E.O. part 4 (Ga) (I) dated 10.05.1990 and corrected by corrigendum No. F.7(2) Rules(HQ)/89-90 dated 20.07.1990, published in Raj. Gazette Part 4 (Ga)(I) dated 26.07.1990.
1 · 2 Definitions.- (1) In these rules unless there is anything repugnant, in the subject or context,-
1 · Subs. by G.S.R. 39, dated 26.07.1995, published in Raj. Gazette E.O. part 4 (Ga) (I) dated 26-07-1995.
2 · Subs. by G.S.R. 45, dated 2.12.2003, published in Raj. Gazette E.O. part 4 (Ga) (I) dated 02-12-2003(w.ef. 2.12.2003).
1 · Added by G.S.R. 39, dated 26.7.1995, published in Raj. Gazette E.O.part 4(Ga) (I) dated 26.07.1995.
2 · Noti No. F7(3)Pari/Rules/H.Q./2005/IV/16885, dt. 31-08-2015 , G.S.R 82(pub.in Raj.Gaz Ex-ord, Pt. 4 (c)(II),dt. 1-09-2015)
1 · [(s) "Assistant Transport Commissioner means an officer appointed by State Government to perform the duties and functions as assigned to them,]
3 · [(t) "Rural route" means a route whose one terminus is a revenue village and other terminus is a place of religious importance/Tehsil Headquarter/ Panchayat Samiti Headquarter/Municipal town/Krishi Mandi or Sub- Divisional Headquarter except situated within the municipal/U.I.T. area of the district Headquarter:
2 · [(u) "Sub-Urban Route" means any route which starts from a city or, town and declared as declared Sub-Urban route by the State Government in the public interest],
1 · . Added by G.S.R. 39, dated 26.7.1995, published in Raj. Gazette E.O.part 4(Ga) (I) dated 26.07.1995.
2 · Subs. by G.S.R. 29 dated 14-09-2004, published in Raj. Gazette E.O. part (4) (Ga)(I) dated 14.09.2004 (w.e.f. 14.09.2004)
4 · Added by G.S.R 50, dated 31-07-1997 (Pub. in Raj. Gaz, Ex-ord, Pt-4(Ga)(I), dated 31-07-1997)
5 · Added by GSR 82 dated 29.11.2002(Pub. in Raj. Gaz. , Ex-ord, Pt. 4(Ga), dated 29.11.2002.
2 · 1. Licensing Authority- The Licensing Authority shall be a District Transport officer so appointed for the district or the Motor Vehicles Inspector 5 [or Motor Vehicles Sub-Inspector] 4 [or any person], specially authorised by the State Government to perform the duties of the Licensing Authority. Licensing Authority for the purpose of
1 · [International Driving Permit and for the purpose of] rules 24 to 28 of Central Motor Vehicles Rules, 1989 shall be the Regional Transport Officer so appointed for the Region.
2 · 2. Authorisation to drive Transport Vehicle.- (1) Holder of a licence may, at any time, apply to the Licensing Authority in Form R.S.2.1, for the grant of authorization along with the certificate of minimum qualification prescribed by the Central Government and driving certificate issued by an approved school of Motoring under section 12. Such application shall be accompanied by the licence and prescribed fee. The Licensing Authority to which an application is made is satisfied with the applicant who fulfill all the requirements prescribed by the Motor Vehicles Act and the rules made there under by the Central Government and may make enquiry into his character and anticidents and by a notice in writing summon him to appear before it at such time and place as it may appoint, the Licensing Authority shall authorize him to drive a Transport Vehicle, and return the driving license was issued by a different Licensing Authority send intimation in Form R.S2.2.
2 · 3. Testing Officer- The test of competence to drive as prescribed by the Central Government shall be conducted by the licensing Authority or a person authorised by such authority, not below the rank of Motor Vehicles Sub-Inspector.
2 · 4. Driving Test- (1) Subject to Sub-section (6) of Section9 of the Act, the applicant shall furnish a serviceable vehicle of the class to which the application refers and present himself for test at such time and place as may be specified by the Licensing Authority.
1 · Subs. by G.S.R 46 dated 4.12.2003, published in RAj.Gazette E.o.Part 4 (Ga)(i) dated 4.12.2003 ) (w.e.f.4.12.2003).
2 · 5. Appellate Authority- (1) The authority to hear appeals under Sub- section(8) of Section 9, Sub-section (2) of Section 17 and Sub-section(3) of Section 19 of the Act, shall be the Regional Transport Officer.
2 · [Provided that in case of International Driving permit issued under rule 2(t) of the Central Motor Vehicles Rules, 1989 the Appellate Authority shall be the Transport Commissioner.]
2 · Added by Ibid (w.ef. 4-12-2003)
2 · 6. Procedure for Appeal- (1) An appeal under rule 2.5 shall be preferred in duplicate in the form of memorandum, setting forth the grounds of objection to the order of Licensing Authority and shall be accompanied by the original or certified copy of the order against which appeal is preferred and appropriate fee as specified in the rule 2.29.
2 · 7. Medical Certificate- The medical certificate as required under Subsection(3) of Section 8 of the Act shall be signed by such Registered Medical Practitioner as the Transport Commissioner may notify for a specified area in the official Gazette, on payment of prescribed fee.
2 · 7A. Evidence as to correctness of address.- Bhamashah card issued by the State Government shall also be an evidence as to correctness of address in addition to documents specified in rule 4 of Central Motor Vehicles Rules, 1989."
2 · 8. Demand for Recent Photograph- If at any time it appears to a Licensing Authority that the photograph affixed to the 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 and the holder shall, within such period as the Licensing Authority may specify, appear in person before the Licensing Authority and present the photograph accordingly. if the holder fails to comply with a requisition by the Licensing Authority under this rule, the licence shall cease to be valid form the expiry of the said period.
2 · 9.Duplicate licence with new photograph- (1) Upon receipt of the copies of the photograph as provided in rule 2.8 the Licensing Authority shall remove old photograph from the licence and affix and seal thereto one copy of the new photograph and return the licence to the applicant and shall, if he is not the Licensing Authority by whom the Licence was issued, forward the one copy of the photograph to that authority:
2 · 10. Licence lost or destroyed-information- (1) if at any time a licence is lost or destroyed the holder of such licence shall forthwith intimate the facts in writing to the licensing Authority, having jurisdiction over the area in which he has his place of residence at the time in Form R.S. 2.3 or in letter setting out the particulars required by that form, and pay the prescribed fee for duplicate licence, as in rule 2.29.
2 · 11. Photograph for duplicate- Where a photograph is required to be affixed to a duplicate licence issued under the provisions of these rules, the holder of the licence shall furnish the Licensing Authority with two clear copies of a recent photograph of himself, one of which shall be affixed to the duplicate licence and the other shall be transmitted by the authority issuing the duplicate licence to the authority by which the licence was issued.
2 · 12. Licence-lost-delivery- when a duplicate licence has been issued upon representation that a licence has been lost and the original licence is afterwards found by the holder it shall be delivered to the Licensing Authority Any other person finding a driving licence shall deliver it to the holder of the licence or to the nearest Police Station or nearest Licensing Authority. The Officer-in-charge of the Police Station on receipt of licence shall immediately forward it to the nearest Licensing Authority.
2 · 13. Licence-defaced or torn or Impounding of – If at any time it appears to the Licensing Authority that a licence held by any person is so torn or defaced in any way as to cease to be reasonably legible, the Licensing Authority may impound the licence and issue a duplicate. if a licence impounded as aforesaid is required to have a photograph of the holder affixed thereto, then:-
2 · 14 Duplicate to be stamped- When a duplicate licence is issued it shall be clearly stamped 'Duplicate' in 'Red' and shall be marked with the date of issue of the duplicate and the seal of the Licensing Authority.
2 · 15. Disqualification-Procedure on-A Licensing Authority taking possession of a license under Clause (a) of sub-section (2) of section 19 of the Act, shall, if the Licence was issued by another licensing authority, initimate the facts that authority.
2 · 16.- Endorsement of Disqualification-When a Licensing Authority s declares a person disqualified under sub-section (1) of section 19 of the Act, it shall, if the person holds a licence, endorse the licence accordingly and shall send intimation of such declaration to the authority by which the licence was issued.
2 · 17. Endorsement of licence by Court- The court making or causing to be made an endorsement on a licence under Section 24 of the Act shall send intimation in Form R.S. 2.4, to the Licensing Authority by which the licence was issued and the licensing Authority by which it was last renewed.
2 · 18 Intimation of renewal to original Licensing Authority- The Licensing Authority renewing a licence under the provisions of subsection(6) of Section 15 of the Act shall intimate the facts to the Licensing Authority by which the licence was issued in Form R.S. 2.5.
2 · 18A Necessity of Refresher Training Course.-Before renewal of driving licence for transport vehicle applicant shall have to undergo two days refresher training course in a driving training institute established by the State Government or any driving training institute authorised by the Transport Commissioner for the purpose and the licensing authority shall renew the licence only on presenting a certificate of the aforesaid refresher training course along with other formalities.
2 · 19. Intimation of addition to licence- A licensing Authority adding, under sub-section(3) of Section 6 of the Act, to the classes of motor vehicles which a licence authorises, the holder to drive shall, if it is not the authority by which the licence was issued intimate the addition to that authority in Form R.S. 2.6.
2 · 20. Certificate of automobile association- For the purpose of the second proviso to Sub-section(3) of Section 9 of the Act, the following Automobile Associations are recognized associations:-
2 · 21 Report of change of address- The holder of a licence entitling him to declare as to drive a public service vehicle shall, except in the case of a temporary absence not involving a change of residence for a period exceeding three months, report in Form R.S.2.8 any change of his temporary or permanent address as notified on the licence to the Licensing Authority by whom the licence was issued and to the Licensing Authority by whom it was last renewed.
2 · 22 Exemption of certain persons from licence and test of competence fees- (1) No fee shall be charged under this chapter-
1 · (iii) From the disabled persons when licences to drive invalid carriages are issued to them.]
2 · 23. Conduct and duties of Drivers of Stage Carriages and Contract Carriages other than Motor Cabs- (1) The driver of a stage carriage or a contract carriage, other than a motor cabs-
2 · 24 Rules for conduct and duties of the Drivers of Motor Cabs and
1 · Ins. by G.S.R. 46 dated 4.12.2003(pub. in Raj. Gaz.Ex. ordPt. 4(Ga)(I), dated 4-12-2003)(w.e.f. 4.12.2003)
2 · 25. Conduct and duties of Drivers of Goods vehicle- The driver of a Goods vehicle-
2 · 26 Drivers Badge of Transport Vehicles- (1) A rectangular plastic Badge shall be issued, in Form R.S. 2.1 A , after police verification by the licensing authority to every person who has been granted an authorization to drive a transport vehicle under these rules. The size of the badge shall be 10 centimeters X 6 centimeter."
2 · 27. Exemption of Driver of Road Roller- Sub-section (1) of Section 3 of the Act shall not apply to the driver of a road roller.
2 · 28. Maintenance of Driving Licence Register- (1) Every Licensing Authority shall maintain a separate register, one for learner's licence and other for Driving licence (Separate for persons who are above sixteen years and below eighteen years authorised to drive a vehicle without gear) containing the following particulars :-
10 · Fee deposited vide cash Receipt No. date;
11 · Name of the doctor by whom the medical certificate issued
12 · Blood group with RH Factor
13 · Name of Testing Officer
14 · Vehicle number of which trial has been take
15 · Type of vehicle
16 · Signature of the official who prepared the licence
17 · Allowed to drive transport vehicle of following categories:-
18 · Signature of the Licensing Authority
19 · Driving Licence renewed upto
20 · Endorsement made, if any.
1 · Subs. by G.S.R. 108, dated 11.01.2000(Pub. in Raj. Gaz. , Ex. –ord. Pt-4(Ga)(I), dated 11.01.2000)
3 · 1. Licensing Authority.- The licensing Authority for issue of the conductor's licence shall be the District Transport Officer so appointed for the district or the Motor Vehicle Inspector specially authorized by the State Government to perform the duties of the licensing Authority.
3 · 2. Conductor–Provision in Stage Carriages of.- (1) Every Stage Carriage shall, in addition to the driver, carry a conductor, whose duties addition to those specially mentioned shall be to attend on the passengers and would be responsible for the observance of the provisions of these rules. Provided that where in emergency it becomes difficult for the permit holder to provided for a conductor of stage carriage, or where a conductor on duty, for reasons beyond his control, cannot perform his duties, the driver of the stage carriage may for a period not exceeding one month act as a conductor of stage carriage without holding the conductor's licence under section 30.
3 · 3 Application for grant of conductor's licence.- The application for conductor's licence required under sub-section (1) of section 30 of the Act shall be made in Form R.S. 3.1 and shall be accompanied by-
3 · 4 Qualification for grant of Conductor's licence.- No person shall be granted a conductor's licence unless he satisfies the Licensing Authority that:-
3 · 5 Change of Residence.- The holder of a conductor's licence shall, except in case of temporary absence, not involving the change of his residence for a period exceeding three months, report any change of his temporary or permanent address as mentioned on the licence in Form R.S. 3.10 to the Licensing Authority by whom the licence was granted.
3 · 6 Renewal of conductors licence:- (1) The application for renewal of a conductor's licence shall be made in Form R.S. 3.4 and shall be accompanied by the conductor's licence, a medical certificate in Form R.S. 3.2 and the prescribed fee.
3 · 7. Appellate Authority.- The Authority empowered under Section 33 and under sub-section (4) of section 34 to hear the appeal against the order of licensing Authority shall be the Regional Transport Officer.
3 · 8 Conduct and hearing of appeals.- (1) An appeal under rule 3.7 shall be preferred in duplicate in the form of a memorandum setting forth concisely the grounds of objection to the order, and shall be accompanied by the prescribed fee in rule 3.17 and a certified copy of the order.
3 · 9 Duties and conduct of conductor of stage carriages.- A
3 · 10 Prohibition against holding more than once conductor's Licence.-
3 · 11 Requirement of as to photograph.-(1) The copies of the photograph required by sub-section(3) of section 30 the Act shall be of a passport size. The photograph shall be a front view and shall be in black and white colour on glazed paper.
3 · 12 Conductor's licence lost or destroyed.-(1) If at any time a conductor's licence is lost by the holder or is destroyed, the holder shall forthwith intimate the facts in writing in Form R.S. 3.7 to the Licensing Authority in whose area he has his place of the residence at the time.
3 · 13 Defaced or torn conductor's licence.-(1) If at any time it appears to the Licensing Authority that a conductor's licence held by any person is so torn or defaced in any way as to cease to be reasonably legible, the Licensing Authority may impound the conductor's licence and issue a duplicate.
3 · 14. Issue of duplicate conductor's licence.-(1) When a duplicate conductor's licence is issued under rule (3.12) & (3.13) it shall be clearly stamped "DUPLICATE" in red and shall be marked with the date of issue of the duplicate and the seal of the Licensing Authority.
3 · 15 Conductor's badge.- (1) A rectangular plastic badge shall be issued, in Form R.S. 3.3A, after police verification by the licensing authority to every person who has been granted a conductor a license under these rules. The size of the badge shall be 10 centimetersX 6 centimeter."
3 · 16 Effectiveness of conductor's licence issued by any other State.- (1) A conductor's licence issued by any other competent authority outside Rajasthan shall not be effective in Rajasthan unless countersigned by a Licensing Authority of Rajasthan or recognized under the reciprocal agreement.
1 · [ 3.17 Fees . -The fees which shall be charged under the provisions of this Chapter shall be as specified in the Table below:-
3 · 11, 13.2,3.13,13.2
3 · 15, 13.2
3 · 16]]
2 · [4.1. Registering Authority.- (1) The Registering Authority shall be the District Transport Officer so appointed for the District or the Transport Inspector specially authorised by the Transport Commissioner to perform the duties of the Registering Authority.
1 · [(2) For the purpose of registration of non-transport vehicles on first sale under sub-section (3), (5) and (6) of sections 41 of the Act from a dealer holding valid trade certificate, the commissioner may empower as Registering Authority subject to the terms and conditions and qualifications as may be specified from time to time, any dealer as aforesaid or any person who has sufficient administrative experience and is in the regular employment of such dealer.
06 · 2.2003
13 · 03.2003
4 · 2. Temporary Registration.- (1) Application for temporary registration for any one of the following puposes shall be in Form 4.1 :-
1 · [4.2 A Re-registration of Transport Vehicles.- Transport Vehicles which complete 15 years from the date of their first registration shall be re-registered. A transport vehicle shall not be deemed to be validly registered for the purpose of section 39 after the expiry of 15 years from the date of its first registration until the vehicle is reregistered. The re-registration shall be made in the following manner:-
1 · Inserted by G.S.R. 105 dated 13.3.2003, Pub. in Raj. Gazette E.O. Part 4 (C)(I) dated 13.3.2003
1 · [4.3 Allotment of Registration Number within the series.- On receipt of an application the Registering Authority, while assigning registration mark to a new vehicle or already registered vehicle in another State, shall assign the registration mark which strictly falls in serial after the last registration mark assigned :
1 · Substituted by G.S.R. 92 dated 5.11.1999, pub. in Raj. Gazette E.O. Part 4 (C)(I) dated 5.11.1999.
2 · Deleted by No. F(229)/pari/Rules/H.Q.2003/541 dated 23-08-2010 and Ins. by No. F7(198)/Pari/Rules/HQ/2003/II date 11-02-2011.)
4 · 4. Registration of vehicles disposed off by the Defence Forces.- Motor vehicle disposed off by the Defence Forces shall not be registered/assigned unless its military colour are decoloured.
4 · 5 Transport Vehicle-particulars to be printed on.- (1) Save in the case of motor cabs or trailors of nature specified in Clause (i) of subsection (3) of section 66 of the Act, the following particulars in respect of every transport vehicle shall be exhibited on the left hand side of the vehicle in the manner described i.e.-
4 · 6. Registration Fee-Exemption.- (1) The Government may by notification in the Rajasthan Gazette make exemption in regard to the registration fee payable in respect of any motor vehicle or class of motor vehicles.
4 · 7.Intimation in respect of vehicle not registered within the State.- When any motor vehicle which is not registered in the State, has been kept in the State for a continuous period of more than 30 days, the owner or other person incharge of the vehicle shall send intimation to the registering authority in Form 4.12 within 2 weeks after expiry of 30 days from the vehicle brought into the State in whose jurisdiction vehicle is used.
4 · 8 Notice of alteration of Motor vehicle under sub-section (1) of section 52 of the Act.- (1) The notice by the owner of a motor vehicle to the Registering Authority in accordance with sub-section (1) of section 52 shall be in Form R.S. 4.13.
4 · 9. Registration Certificate-Lost or destruction ofintimation.- If at any time, the registration certificate is lost or destroyed, the owner shall forthwith intimate the fact in writing to the Registering Authority by whom the registration certificate was issued or by whom registration mark of the vehicle was assigned under section 47 of the Act and shall apply in Form prescribed by Central Government to the said authority for the issue of duplicate registration certificate.
4 · 10. Intimation to original Registering Authority.- The Registering Authority who makes the endorsement of transfer shall intimate to the original Registering Authority in Form R.S. 4.4. and in case of assignment of fresh registration mark shall intimate to the original Registering Authority in Form R.S. 4.5.
4 · 11. Registration Certificate Authority to suspend.- Any Police Officer not below the rank of Dy. S.P. and any Transport Officer, not below the rank of a 1 [Motor Vehicle Sub-Inspector], may suspend the registration certificate of a motor vehicle under section 53 of the Act.
4 · 12. Information regarding stolen vehicle.- (1) The Director General of Police shall direct the concerned officer to supply information regarding stolen and stolen vehicle
1 · Substituted by G.S.R. 46 dated 4.12.2003, published in Raj. Gazette E.O. Part 4 (Ga)(I)
4 · 12.2003.(w.e.f. 4.12.2003).
4 · 13. Production of Registration Certificate before the Registering Authority.- If at any time the Registering Authority requires to enter or revise the entries of particulars relating to Gross Vehicle Weight he shall call the owner or the person incharge of the vehicle to produce the registration certificate for the correction of G.V.W. and the registering authority shall correct the G.V.W. and return the registration certificate to the owner or person to produce the same.
4 · 14. Production of Motor vehicle before Registering Authority.- The Registering Authority shall, before registering or assigning a new registration mark under sub-section (1) of Section 47 of the Act, or before entering the particulars of transfer of ownership of a motor vehicles in the Certificate of Registration, require the owner or as the case may be, the transferor to produce the motor vehicles before him or before the Motor Vehicles Inspector or Motor Vehicles Sub-Inspector may as directed, so that the Registering Authority may satisfy himself about the particulars of the Motor Vehicles mentioned in the form of application for registration or recorded in the certificate of registration with a view to ensure that the vehicle complies with the provisions of Chapter VII of the Act and the rules made thereunder.
4 · 15. Appellate Authority.- (1) The authority to hear the appeals against any appealable order passed by the Registering Authority under this Chapter of the Act shall be the Regional Transport Officer.
4 · 16. Procedure of Hearing of Appeals.- (1) The appeal referred in Sections 45, 50, 54, 55 and 57 of the Act shall be preferred in duplicate in Form of memorandum set forth concisely the grounds of objections to the order of the registering authority or Inspector of motor vehicles or the Police Officer and shall be accompanied by the prescribed fee in cash or stamps and a certified copy of the order. If the appeal succeeds the appellate authority or the registering authority concerned, as the case may be, refund the fee in whole or in part as he may deem fit.
4 · 17. Amount payable in lieu of action u/s 177 of the Act.1 [On a failure of the owner in making application for certificate of registration under sub-section (1) of Section 41 of the Act or application for renewal of Certificate of Registration under sub-section (8) of Section 41 of the Act in the prescribed time, or]
4 · 18. Grant and Renewal of Certificate of Fitness.- (1) A certificate of fitness under section 56 of the Act, shall be granted or renewed by the 2 [ District Transport Officer or any Motor Vehicle Inspector/sub-Inspector specially authorised by the Transport Commissioner or person] authorised by the Transport Commissioner or the approved testing station of the district in which the vehicle is paying tax.
1 · Substituted by G.S.R. 21 dated 26.7.1993, published in Rajasthan Gazette, Part 4 (Ga)(I) dated
27 · 7.1993,(w.e.f. 27.7.1993).
2 · Substituted by G.S.R. 46 dated 4.12.2003, published in Raj. Gazette E.O. Part 4 (Ga)(I) dated
4 · 12.2003.(w.e.f.4.12.2003).
1 · [(IA) Notwithunderstanding anything contained in sub-rule(1) , the Transport Commissioner may direct to any vehicle or class of vehicles to obtain the certificate under section 56 from any authority, person or approved testing station.]
1 · [(9) The owner of re-registered vehicle shall produce fitness certificate before District Transport Officer so that the new registration mark can be entered in place of earlier registration mark entered on its within a period of 30 days from the date of re-registration.]
4 · 19. Production of vehicle and Inspection thereof.- The vehicle will be produced for inspection at the office of the District Transport Officer concerned or at the approved testing station in the district concerned provided that the Transport Commissioner may in his discretion, in public interest fix any number of other inspection place in the district, as he deem proper. The District Transport Officer will obtain the inspection report in Form R.S. 4.8 from the motor vehicle Inspector/Sub-Inspector or otherwise satisfies himself regarding fulfilment of the requirements of the provisions of Chapter VII of the Act and the rules made thereunder and in case the approved testing station the incharge of the approved testing station will obtain the inspection report in Form R.S. 4.8 from his technical man.
4 · 20. One certificate for one vehicle.- There shall not be more than one certificate of fitness in respect of any vehicle.
4 · 21. Un-safe Vehicles-restriction on use.- If a vehicle is damaged at any time so as to be unfit for ordinary use and may in the opinion of any District Transport Officer safely be driven at a reduced speed to a place of repair and if the District Transport Officer is satisfied that it is necessary that the vehicle should be so driven, any District Transport Officer may by endorsement in Form R.S. 4.10 specify the time within which and the condition subject to which, the vehicle may be driven to a specific destination for the purpose of repair and the limit of speed it shall not be driven.
4 · 22. Exemption of fee.- No fee for grant and renewal of fitness certificate shall be charged from the owner of Tractor with Trolley using the same for agricultural purposes.
4 · 23. Fitness Certificate-Cancellation or suspension thereof.- If any 2 [District Transport Officer/Motor Vehicle Inspector/ Sub-Inspector] on his own inspection is satisfied that the vehicle no more complies with the provisions of Chapter VII of the Act and the rules made thereunder, he may cancel or suspend the certificate of fitness of that vehicle:
2 · Substituted by G.S.R. 46 dated 4.12.2003, published in Raj. Gazette E.O. Part 4 (Ga)(I) dated 4.12.2003.(w.e.f.4.12.2003).
1 · [Provided also that no such cancellation shall be made by the cancelling authority unless such authority holds such technical qualification as prescribed under the Central Motor Vehicle Rules, 1989 or where the cancelling authority does not hold such technical qualification on the basis of the report of an officer having such qualification.]
4 · 24. Refusal to Grant or Renew-reasons to be given.- (1) If the grant or renewal of certificate of fitness is refused the reasons for the refusal shall be communicated simultaneously to the owner/incharge of the vehicle in Form R.S. 4.11.
4 · 25. Certificate of Fitness-lost or destruction.- (1) If a certificate of fitness is lost or destroyed the owner of the vehicle shall forthwith report the matter to the authority by whom the certificate was issued or last renewed and shall apply for a duplicate copy alongwith prescribed fee.
4 · 26. 2 .[........]
4 · 27. Maintenance of a register for registration.- (1) Every Registering authority shall maintain a register of registration of vehicles in the manner prescribed by the Central Government.
1 · Added by G.S.R. 46, dated 04.12.2003(pub. in Raj. Gaz., Ex-ord Pt. 4(Ga)(I) dated 4.12.2003)(w.e.f 04-12-2003)
2 · Deleted by Noti No. F7(271)pari/Rules/HQ/2007, dated 04-10-2007 and after deleted the Rule 4.26 was as follows:-
4 · 26 Exemption of Road Plant.- Nothing contained in Chapter IV of the Act shall apply to Road Rollers, Graders and other vehicles designed and used solely for the construction and repairs of roads.
1 · [4.28. Fees.- The fees which shall be charged under the provisions of this chapter shall be as specified in the table below:-
1 · Noti. No. F7(4)/pari/Rules/H.Q/11/92/12004. dt. 30-06-2015, S.O. 77(Pub. in Raj. Gaz. Ex-ord ,pt 4( C)(II) dt. 01-07-2015)
5 · 1. State Transport Authority.- (1) The State Transport Authority shall meet at such times and at such places as its Chairman may appoint :
5 · 2. Regions and Regional Transport Authorities.- (1) Regions for the purpose of section 68 of the Act shall be in such number and shall comprise the areas, as notified by the State Government from time to time.
1 · [(3) Each Regional Transport Authority shall meet at such times and at such place (within the region) as the Chairman may decide unless the State Transport Authority directs otherwise].
1 · Subs. by G.S.R. 26, dated 21-06-1996, pub. in Raj. Gazette E.O. Part 4 (Ga) (I) dated 22.06.1996(w.e.f. 22.06.1996)
5 · 3. Conduct of business of the Transport Authorities.- (1) A Secretary appointed under this rule or appointed by the State Government shall perform such duties and exercise such powers as may be specified in these rules and in the bye-laws made by the Transport Authority under sub-rule (2)
1 · [5.4. Delegation of powers.- (1) The State Transport Authority or the Regional Transport Authority may by general or special resolution delegate all or some of its powers and functions to officers of Transport Department not below the rank of 2 [Motor Vehicle Inspector] subject to such condition and restrictions as it may think proper:
5 · 5. Application for Grant of Permit.- (1) Every application for a permit in respect of Transport Vehicle shall be in one of the following forms, namely:-
1 · Subs. by G.S.R. 109, dated 25.3.1998, published in Raj. Gazette E.O. Part 4 (Ga) (I) dated 25.3.1998.
2 · Substituted by G.S.R. 106 dated 22.2.2002, published in Raj. Gazette E.O. Part 4 (Ga) (I) dated 22.2.2002.
1 · [In respect of a particular Educational Institution Bus in Form R.S.5.8 A.]
3 · [(b) Length and class of the proposed routes may be notified route or non-notified route and be of the type i.e. sub urban route, rural route, route lying exclusively within the area of Municipality of U.I.T. or both or other routes.
1 · Inserted by G.S.R. 46 dated 4.12.2003, published in Raj. Gazette E.O. part 4 (Ga) (I) dated 4.12.2003 (w.e.f. 4.12.2003).
2 · Inserted by G.S.R. 82 dated 29.11.2002, published in Raj. Gazette E.O. part 4 (Ga) (I) dated 29.11.2002.
3 · Substituted by G.S.R. 29 dated 14.9.2004, pubished in Raj. Gazette E.O. part 4 (Ga) (I) dated 14.9.2004 (w.e.f. 14.9.2004).
1 · [(6) Fleet owner may apply for stage carriage permit in Form R.S. 5.2.]
2 · [5.5A- Motor Vehicles adapted to carry more than nine persons excluding the driver shall be required to have a permit under section 66 of the Act.
5 · 6. Disposal of Application of where no limit has been fixed.-
1 · [(5A) A vehicle owner can be granted only one reserve stage carriage permit for every ten particular stage carriage permits he possesses.]
5 · 7. Disposed of application of stage carriage permit where limit has been fixed.- (1) Where the number of stage carriage are fixed under sub-section (3) (a) of section 71 of the Act the stage carriage permit to the extent of the 16% and 12% shall be reserved for the applicants belonging to the SC/ST respectively.
5 · 8. Power to refusal to accept application for the permit.Where the number of permit for Stage Carriage and Contract Carriage has been fixed under the Act, and number has been exhausted, the Regional Transport Authority shall notify this fact on the notice board of its office and may decline to receive any further application for permit in respect of a class of vehicle in the area or on the route aforesaid.
5 · 9. Issue of permit.- (1) The Secretary/Executive Officer of the 2 [State Transport Authority/Regional Transport Authority] shall, intimate the applicant with in seven days from the date of order of the 2 [State Transport Authority/Regional Transport Authority]
1 · Ins. byS.O. 396 dated 28-02-2004(Pub. in Raj. Gaz. Ex- Ord Pt4 (Ga)(I) dated 28-02-2004 (w.e.f. 28-02-2004)
2 · Subs. by G.S.R. 39, dated 26-07-1995(Pub. in Raj. Gaz, Ex-ord Pt-4 (Ga)(I) dated 26-07-1995)
2 · [5.10. Permit for Transport Vehicle-Condition.- In pursuance of any general or specific direction issued by the State Transport Authority in this behalf, a condition to the effect that the Motor Vehicle in respect of which such permits is granted or renewed shall not be a model earlier than a specified year and any other condition to any other effect, may be attached at the time of the grant or renewal of a permit for Transport Vehicle.]
5 · 11. Permit Entry of Registration Mark on.- (1) Save in the case of a temporary permit, if the registration mark of the vehicle is to be entered on the permit and the applicant is not at the date of application in possession of the vehicle duly registered, the applicant shall within one month of the sanction of the application by the Regional Transport Authority or such longer period as the Authority may specify, produce the certificate of registration of the vehicle before that Authority in order that particulars of the registration mark may be entered in the permit.
1 · [(3) The owner of re-registered vehicle shall produce Part A and Part B of the permit before the Secretary/Additional Secretary, R.T.A. so that the new registration mark can be entered in place of the earlier registration mark entered on it within a period of 30 days from the date of re-registration].
5 · 12. Permits-Temporary.- (1) A temporary permit may, if the State Transport Authority or a Regional Transport Authority thinks fit, be granted to any person whether he is the registered owner of the vehicle or vehicle to be used thereunder or not.
5 · 13. Permits Extension of Area or validity of.- (1) Subject to the provisions of section 88 of the Act, a Regional Transport Authority which issues a permit (hereinafter referred to as the original Transport Authority) other than permit to any other region within Rajasthan and may attach conditions to the permit with effect to such other
1 · Added by G.S.R. 105 dated 13.3.2003, Pub. in Raj. Gazette E.O. Part 4 (C) (I) dated 13.3.2003.
5 · 14. Validity of inter regional permits without countersignature.- An inter regional permit granted by a Regional Transport Authority of any one region shall be valid in any other region of the State without being countersigned by the Regional Transport Authority of the other region.
5 · 15. National Permit & All India Tourist Permit.- (1) A permit granted by State Transport Authority of any State under subsection (9) or (12) of section 88 of the Motor Vehicles Act and the holder of the permit has opted the State of Rajasthan and paid the tax or fee in lieu of tax if agreed shall be valid without countersignature in the State of Rajasthan :
5 · 16. Stage carriage regular service.- Every stage carriage shall perform regular service in the manner required by the Transport Authority and shall immediately notify that Authority of any failure to do so, with the reasons thereof, failure without good reason to render the regular service on any prescribed route shall render the permit liable to suspension or cancellation by the Transport Authority.
5 · 17. Stage Carriages to ply on routes other than those specified in the permit under certain circumstances.- Holder of a permit granted in respect of a stage carriage shall, if so directed by the Authority granting permit (such direction being made in the interest of public and public safety or in any emergency) use the stage carriage of 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 directions.
5 · 18. Power of Attorney.- (1) Operation of a motor vehicle through an attorney shall not be permissible except in the case of permit holder who is
2 · [5.19. (A) Additional conditions in respect of certain permits.(1) The following shall be the additional conditions to every stage carriage permit
1 · Subs. by G.S.R. 39, dated 26-07-1995 (Pub. in Raj. Gaz. Exord Pt. 4( c) (I) dt. 26-07-1995)
2 · Re Numbered by Noti No. F7(3) Pari/Rules/H.Q./2005/iv/16885 dt. 31-08-2015, G.S.R 82 (Pub. in Raj. Gaz. Ex-ord Pt. 4( c) (II) dt. 01-09-2015)
1 · [(iv) that the permits shall be subject to the provisions/ conditions/ as laid down in the Act and rules made there under and also subject to the conditions/directions laid down by the State Transport Authority/Regional Transport Authority, Rajasthan from time to time. Further, terms and conditions of specific schemes shall be the additional conditions for the permit granted under the particular scheme;
1 · 2 3 4 5
1 · [(vi) that the vehicle to which permit relates carries valid certificate of fitness, Registration Certificate, part A and B of permit and a receipt of tax/token as a proof of tax deposition :
2 · [(4A) A permit in respect of educational institution vehicle shall have the
1 · Inserted by S.O. 396 dated 28.2.2004, Pub. in Raj. Gazette E.O. Part 4 (Ga) (I) dated 28.2.2004 (w.e.f. 28.2.2004).
2 · Inserted by G.S.R. 46 dated 4.12.2003, Pub. in Raj. Gazette E.O. Part 4 (Ga) (I) dated 4.12.2003 (mei. 4.12.2003).
1 · [(4B) The permit of omnibus other than educational institution bus whether on contract or not with educational institution carrying students on regular basis or intermittently, shall have the same additional conditions as specified under clause (iii) to (ix) of sub-rule(4A)of rule 5.19 for the permit of an educational institution vehicle. Plate written with "School
5 · 20. Carriage of Animal in goods Vehicle.- (1) No cattle shall be carried in a goods vehicle in a public place unless (i) in the case of goat, sheep, deer or pig-
5 · 21. Carry of goods on Stage Carriages.- (1) No goods shall be carried on the top deck of the double decked stage carriage.
5 · 22. Carriage of Goods on contract carriage.- The Regional Transport Authority may authorise the use of contract carriage for the carriage of goods used for,-
5 · 23. Carriage of certain goods in Stage or Contract Carriageprohibited.- (1) No goods is liable to foul interior of the vehicle or to render it insanitory shall be carried at any time in any stage carriage or contract carriage.
5 · 24. Carriage of luggage.- Every public service vehicle shall be provided with adequate means for the conveyance of reasonable amount of luggage and with a sufficient number of chains, straps or other means of securing such luggage. No luggage shall be carried on the roof of the vehicle unless there has been affixed there to a guard rail of type approved by the Registering Authority and a suitable water proof covering is provided to protect the luggage in wet weather. The covering shall be securely fastened so as to prevent flapping.
5 · 25. Stage or Contract Carriages-Carriage of personal luggage in.- (i) In every stage carriage not more than fifty kilograms of luggage and personal effects at per passenger shall be carried. Out of this fifty kilograms the twenty five kg. shall be allowed free of charge and the rest may be charged for.
5 · 26. Permits-Cancellation of redundant.- When a permit has been granted on first application by one Regional Transport Authority in respect of a particular vehicle or in respect of a service of vehicles and it appears that a permit has also been granted by another Regional Transport Authority:-
5 · 27. Permits-renewal of.- (1) An application for the renewal of a permit shall be made in the prescribed Form R.S. 5.20 in the prescribed time to the 1 [State Transport Authority/Regional Transport Authority] by which the permit was issued and shall be accompanied by Part 'A' of the permit alongwith the prescribed fee.
1 · Substituted by G.S.R. 39 dated 26.7.1995, published in Raj. Gazette E.O. Part 4 (Ga) (I) dated26-07-1995
5 · 28. Permits-Renewal and countersignature of.- (1) Subject to the provisions of Rule 5.29, application for the renewal of countersignature on a permit shall be made in writing to the Regional Transport Authority concerned and within the appropriate periods prescribed in sub-section (2) of section 81 of the Act and shall subject to the provisions of sub-rule (3) be accompanied by Part A of the permit and prescribed fee. The application shall setforth the period for which the renewal of the countersignature is required.
5 · 29. Permit-Validation of the renewal in respect of countersignature of.- (1) The authority by which a permit is renewed may, unless any Authority by which the permit has been countersigned (with effect not terminating before the date of expiry of the permit) has by general or special order otherwise directed likewise renew any countersignature of the permit (by endorsement of the permit in the manner set forth in the appropriate form), and shall, in such case, intimate the renewal to such authority.
5 · 30. Condition of permit.- A Regional Transport Authority when countersigning a public carrier's permit covered by an inter state transport agreement may attach to the permit a condition that the said public carrier shall not be used for picking up and dropping down the same goods at any two points lying within the jurisdiction of the State.
5 · 31. Permit-Replacement of particular vehicle authorised by.- (1) If the holder of a permit relating to a particular vehicle by specification of the registration mark desires at any time to replace the vehicle with another, he shall forward part A of the permit and apply in writing to the Transport Authority by which the permit was issued stating the reasons why the replacement is desired and shall-
5 · 32. Permit-Replacement of a vehicle authorised by a service.-(1) If the holder of permit relating to service of stage carriages or of contract carriages desires at any time to replace any vehicle covered by the permit by a vehicle of a different type or of a different capacity, he shall forward part A of the permit and apply in writing to the 1 [State Transport Authority/Regional Transport Authority] by which the permit was issued. Stating the reasons why the replacement is desired and shall intimate the relevant particulars of the vehicle to be replaced and of the new vehicle.
1 · Substituted by G.S.R. 39 dated 26.7.1995, published in Raj. Gazette E.O. Part 4 (Ga) (I) dated26-07-1995
2 · [5.33. Temporary Replacement of a Stage Carriage.- In case of sudden failure of a Stage Carriage in which it is expected that the vehicle will not remain off the road for more than 7 days, the permit holder shall apply to the Regional Transport Authority or the Authority to whom such power has been delegated by the Regional Transport Authority through reply paid telegram, or by fax for sanction of replacement by any other his vehicle of same nature and of a model not below the model prescribed by the State Transport Authority for renewal of permit for such class of route and remit the tax, if any, due on it and may at the same time make the replacement. The vehicle so replaced shall carry a certified copy from the post and telegraph office, of reply paid telegram or the receipt of fax. The vehicle used for replacement shall be mechanically fit in all respects to the requirement of Chapter VII of the Act and its certificate of fitness should be current. The sanction or refusal, as the case may be, shall be sent by telegram/fax by the authority. The inspection staff and the police shall also be informed of it by the Secretary of Regional Transport Authority. When the original carriage resumes plying, information of it will be sent by permit holder to the Regional Transport Authority or the authority to whom such power has been delegated.]
5 · 34. Permit-Validation of replacement order in respect of countersignature on.- (1) The authority granting permission for the replacement of a vehicle under rules 5.31 and 5.32 shall, unless the Authority by which the permit was countersigned has by general or special resolution otherwise directed endorse on the correction made to parts A and B of the permit the word "Valid also for -------------- " inserting the name of the Authority concerned and shall intimate the fact and the particulars of the replacement to such Authority.
1 · Subs. by G.S.R. 39 dated 26.7.1995, pub. in Raj. Gazette E.O. Part 4 (Ga) (I) dated 26.7.199
5 · 36. Permit-Transfer of.- (1) When the holder of a permit desires to transfer the permit to some other person under subsection (1) of section 82 of the Act, he shall, together with the person to whom he desires to make the transfer, make joint application in writing to the 1 [State Transport Authority/ Regional Transport Authority] by which the permit was issued, setting forth the reasons for the proposed transfer.
5 · 37. Transfer of permit in case of death of the permit holder.- (1) In case of death of the permit holder, the person succeeding to the possession of the vehicle covered by the permit may, within 30 days of the death of the permit holder inform the Transport Authority which granted the permit of the death of the holder and of his own intention to use the permit in Form R.S. 5.21.
1 · [5.38. Permits-Issue of duplicate in place of those or destroyed.- (1) When part A or B or authorisation, as the case may be, has been lost or destroyed the holder shall forthwith intimate the fact to authority by which the permit was issued and submit an application alongwith upto date tax payment certificate of taxes payable under Rajasthan Motor Vehicles Taxation Act, 1951 of the vehicle and shall deposit the prescribed fee.]
5 · 39. Permit-Variation of.- (1) Subject to the provision of this rule, upon an application made in writing by the holder of the permit, 2 [with prescribed fee] the 1 [State Transport Authority/ Regional Transport Authority] may at any time in its discretion vary the permit or any of the conditions thereof.
1 · Subs. by G.S.R. 39 dated 26.7.1995, pub. in Raj. Gazette E.O. Part4 (Ga)(l) dated 26.7.1995.
2 · Inserted by Notification No.F. 7(4) Pari/Rules/Hq./92 dated 25.8.2005 (w.e.f. 25-08.2005)
5 · 40. Permit-Production of.- (1) Part A of permit shall be produced on demand made at any reasonable time by any Transport Officer not below the rank of an Inspector of Motor Vehicles or by any Police Officer not below the rank of a Sub-Inspector.
5 · 41. Exemption.- With reference to clause (f) of sub-section (3) of section 46 of the Act, transport vehicles engaged in propaganda for removal of untouchability on behalf of the Bhartiya Class League shall be exempted from the provisions of sub-section (1) of section 66 of the Act:
5 · 42. Public Purpose.- (1) The use of civilian transport vehicles when employed in defence work even during peace time for carrying goods or personal over doing distances in a particular zone, Region or on Inter-State routes and for securing the defence of India and Civil defence, for the efficient conduct of Military operations or for maintaining supplies and services essential for defence, shall be a public purpose within the meaning of Clause (f) of sub-section (3) of section 66 of the Act, and the provisions of sub-section (1) of Section 66 of the Act, shall not apply to such vehicles.
5 · 43. Temporary authorisation in lieu of permit.- (1) When the holder of a permit has submitted Part A or Part B or both of the permits to the State Transport Authority or a Regional Transport Authority for renewal or countersignature of the permit user for any other purpose, or when a Police officer or any court or any other competent Authority has taken temporary possession of a permit from the holder thereof for any purpose, the State Transport Authority or Regional Transport Authority or the Police officer or the court or competent Authority, as the case may be, shall furnish to the holder a receipt for the permit and a temporary authorisation in Form R.S. 5.24 to ply the vehicle during such period as may be specified in the said temporary authorisation and during the said period the production of the temporary authorisation on demand shall be deemed to be production of the permit:
5 · 44. Appeal and Revision application against the order of State or Regional Transport Authority.- (1) The Authority to decide the appeal against the order of the State Transport Authority or the Regional Transport Authority under section 89 of the Act shall be the Appellate Tribunal consisting of one member to be constituted by the State Government.
5 · 45. Supply of copies of documents to the persons interested in the appeal or revision.- The Secretary of the State/ Regional Transport Authority shall issue copies of the documents required by any person intending to file an appeal or revision to the State Transport Appellate Tribunal under this Chapter on payment of prescribed fee.
5 · 46. Procedure of appeal or revision.- (1) After the State Transport Appellate Tribunal had admitted an appeal under sub-section (1) of section 89 or a revision application under section 90, of the Act it shall appoint time and place for the hearing of the appeal or revision application, as the case may be, and give intimation to the Authority against whose order the appeal or revision application is made and also to the appellant or the applicant concerned and any other person likely to be affected by the grant of the relief prayed for. Such applicant, respondent or the person interested shall appear before the tribunal in person or through an authorized representative with original documents or record pertaining to the case on the appointed date and place of hearing, if any.
5 · 47. Fixing in advance hours of work. The Regional Transport Authority shall direct the employer of the drivers of the transport vehicles in such as any stage carriage operating solely within the region, or from the Regional to another region, to the satisfaction of the said authority such time table, schedule or regulation, as may be necessary to fix in advance the hours of work of persons employed by him, and upon approval by such authority at time table schedule or regulation as aforesaid in a suitable format, it shall be the records of hours of work fixed for the persons concerned for the purpose of sub-section (3) and sub-section (4) of section 91 of the Act.
5 · 48. Period of rest-Definition of.- (1) Any time spent by a driver of a vehicle on work other than driving in connection with the vehicle or with the load carried or to be carried on the vehicle including any time spent on the vehicle during a journey save as a passenger in a public vehicle shall not, and
5 · 49. Lost Property.- (1) Where a permit holder or his employee finds any article in his public service vehicle he shall keep the articles for a period of 7 days and shall if the article is not claimed during the said period, hand over the same to the officer incharge of the nearest police station.
1 · (3) If the article is claimed by two or more than two persons than the permit holder shall hand over the same to the officer-in-charge of the nearest police station or for disposal accordingly to law.
5 · 50. Conduct of person using stage carriage.- (1) If it any time a passenger or person using or intending to use a stage carriage,-
5 · 51. Additional provisions relating to conduct of passengers and other persons in omni buses operating in cities.- (1) In this rule unless there is any thing repugnant in the subject or context:-
5 · 52. Conduct of passengers in Motor Cabs.- (1) No passenger in a motor cab shall:-
5 · 53. Maintenance of complaint book in Stage carriage.- (1) A bounded complaint book in Form R.S. 5.25 duly ruled and pages, signed and stamped with the seal of the manager of the stage carriage service, permit holder, approved and countersigned by the Secretary of the
5 · 54 Children and infants carriages in a public service-vehicle of.- In relation to the number of persons that may be carried in a public service vehicle:-
5 · 55. Disinfection of the public service vehicles.- (1) No person shall drive any public service vehicle and no owner of a public service vehicle shall cause or allow such vehicle to be used unless once in every two months it is disinfected with D.D.T. or any other liquid insecticide, approved for the purpose by the Director, Medical and health to the Government of Rajasthan.
5 · 56. Carriage of persons in goods vehicles.- (1) Save in the case of vehicle which is used for the carriage of troops or police or a stage carriage in which goods are being carried in addition to passengers, no person shall be carried in goods vehicle other than bonafied employee of the owner or the hirer of the vehicle except in accordance with this rule.
5 · 57. Duty to carry goods by goods carriage.- A public carrier shall not, save for reasonable and lawful excuse, refuse to carry any goods of any person tendering the same for not less than the maximum freight, if any, permit under section 67 of the Act.
5 · 58. Stands and halting places.- (1) A Regional Transport Authority or District Collector & District Magistrate by notification in the Rajasthan Gazette, or by the erection of traffic signs which are permitted for the purpose under sub-section (1) of section 116 of the Act, or both, may, in respect of the taking up or setting down of passengers or both, by public service vehicles or by any specified class of public service vehicles-
5 · 59 Returns to be furnished in respect of Transport Vehicles.-
5 · 60. Permit holder-change of address of.- (1) If the holder of a permit ceases to reside or to have his place of business, as the case may be, at the address set forth in the permit, he shall within fourteen days, send part A of the permit to the Transport Authority by which the permit was issued, intimating the new address.
5 · 61. Public Service Vehicle intimation of damage to or failure of.- (1) The holder of any stage carriage permit or any contract carriage permit in respect of a particular vehicle by reference to the registration mark shall, within seven days of occurrence, report in writing to 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.
5 · 62. Alteration of Motor Vehicle.- (1) Further to the provisions of section 52 of the Act, the owner of a Transport vehicle, or if the owner is not the holder of the permit, holder of the permit shall, at the same time as the report required by that section is made to the Registering Authority, forward a copy thereof to the Transport Authority by which the permit relating to the vehicle was granted or in the case of a permit relating to a service of stage carriages, to the Transport Authority by which the permit was granted under which the vehicle is being used.
5 · 63. Provision as to trailers.- (1) No trailer other than the trailing-half of an articulated vehicle shall be attached to a public service vehicle.
5 · 64. Distinguishing boards for goods vehicle.- Every goods transport vehicles shall carry in a prominent place on the front of the vehicle a distinguishing board in regional language or in Hindi with the letters 'Goods Carriers' painted in black and white background. The height and width of each letter shall not be less than 127 milimeter and 64 milimeter, respectively.
5 · 65. Inspection of transport vehicles and their contents.- (1)
5 · 66. Motor cabs may be required to carry Fare Meter.- (1)
5 · 67. Method of indicating fare.- (1) Every mechanical or electronic digits meter shall be so constructed as:-
5 · 68. Examination and sealing of taxi-meter.- Every taxi meter, after it has been affixed to a taxi-cab, whether for the first time or after repair or adjustment, shall be submitted to the registering authority or any other officer appointed by it in this behalf, for examination, as to the correctness of the fittings and subjection to a practical road test over a measured distance of 1.6 kms. And a time test of not less than a half hour's duration, if found correct, its fittings shall be sealed to the taxi-cab in such a manner that it cannot be removed or tampered without the breaking or removal of the seals. No person shall break, or temper with, or attempt to break or tamper with, such seal, or with the taxi-meter or its fittings.
5 · 69. Subsequent examination.- Every taxi-meter shall be submitted for examination and test once every six month and at any other time, if required by the Registering Authority or any other official or authority appointed in this behalf by the State Government. The result of each examination and test shall be entered in the permit of the taxi cab.
5 · 70. Power of Inspector of Motor Vehicles to Inspect Taxi Meters.- Any officer not below the rank of Inspector of Motor Vehicles in uniform or any police officer not below the rank of sub-inspector, may, if he has reason to believe that a motor cab fitted with a taxi meter has been or is being plied with a meter which is defective or has been tempered with, stop such motorcab and, in order to test such taxi meter, direct the driver or the person incharge of such motor cab to cover a distance or connect the taxi meter on the measuring equipment to ascertain the accuracy of the taxi meter or to proceed to institution and take or cause to be taken such other steps as he may consider proper for the purpose.
5 · 71. Floor mat.- The floor of a motor cab shall be covered with a mat of rubber, coir or other suitable material.
5 · 72. Conveyance of animal in stage carriages.- Cattle and goats shall not be carried in carriages, but dogs and other pets may be carried on payment, if permitted by the conductor. All goods and other animals conveyed in stage carriages shall be securely fastened and under proper control.
5 · 73. Licensing of and regulation of the conduct of Agents or canvassers who are engaged in the sale of tickets for travel by public service vehicle or otherwise solicit customer for such vehicles.- (1) No person shall engage himself as an agent or canvasser in the sale of tickets or otherwise solicit customers for travel by public service vehicle except stage carriage other than belonging to a State Transport Undertaking and three wheelers unless he has obtained a licence in Form R.S. 5.27 from the Regional Transport Officer of the region in which such person resides or carries business.
5 · 74. Appellate Authority-Agent's Licence.- (1) Any person aggrieved' by any such order of licensing Authority under rule may prefer an appeal within 30 days of the date of receipt of such order to the Transport Commissioner alongwith the prescribed fee.
5 · 75. "Defination".- In this rule unless the context otherwise requires.
5 · 76. Prohibition to act an agent except under a licence.- No person shall act as an agent unless he holds a valid licence authorising to carry on of his business of agent at a place or places specified in licence:
5 · 77. Licensing of Agent. (1) Any person desiring to obtain an agent licence shall make an application to the Regional Transport Officer of the region in which he has his place of business, or as the case may be, his principal place of business. Such application shall be made in Form R.S. 5.32.
5 · 78. Renewal of Agent's Licence.- (i) The agent's licence may be renewed on an application in Form R.S. 5.34 alongwith prescribed fee made to the Licensing Authority not less than 30 days before the date of its expiry and shall be accompanied by the principal and by supplementary licence, if any, and the prescribed fee. If the application for renewal is made after the prescribed period, it shall accompanied by late fee.
5 · 79. Conditions for Agent's Licence.- The agent's licence shall be subject to the following conditions, namely:-
5 · 80. Particulars to be maintained in contract of agency.- All contracts entered into or way bills issued by the licensee for the purpose of collecting forwarding or distributing goods shall be in writing and shall contain the following particulars, namely:-
5 · 81. Rate of Commission.- The State Government may by notifications in the Official Gazette prescribe the rate at which commission may be charged by the licensee under these rules.
5 · 82. Places to be used. for loading and unloading of goods.- (1) The Licensing Authority may in consultation with the Local municipal authority of the police authority having jurisdiction over the local area concerned or both approve any premises owned by or in possession of a licensee or the applicant for agent's licence to be used for loading or unloading of the goods or for parking of goods vehicles or for storage of goods in the custody of the agent, having regard to suitability of the site, sanitary conditions and storage facilities provided at such premises.
5 · 83. Suspension and Cancellation of licence.- (1) Without prejudice to any other action which may be taken against the licence, the Licensing Authority may, by order in writing, cancel the agents licence or suspend it for such a period, as it may think fit in its opinion any of the conditions under which the licence has been granted, has been contravened.
5 · 84. Issue of Duplicate Licence.- If at any time an agent's licence is lost, destroyed, torned or otherwise defaced so as to illegible the agent shall forthwith apply to the licensing authority for grant of duplicate licence. The application for obtaining duplicate licence shall be accompanied by the prescribed fee. Upon receipt of such application that authority shall issue a duplicate agent's licence clearly stamped "Duplicate". If the original licence is subsequently found, the original licence shall be surrendered to the Licensing Authority.
5 · 85. Appeals-. (a) Any person aggrieved of order made by the Licensing Authority under these rules may appeal to the Transport. Commissioner or within 30 days from the date of such order on its communication to him alongwith prescribed fee.
5 · 86. Use of unmetalled road-. The Transport Authority may prohibit transport vehicles other than Motor Cabs to be used on any unmetalled road in the State.
1 · [5.87. Fees-. The fees which shall be charged under the provisions of this chapter shall be as specified in the Table below.-
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6 · 1.Definition- For the purpose of this Chapter unless there is anything repugnant in the subject or context:
6 · 2. Preparation of scheme.- While preparing scheme under this chapter the State Government may call any information from Rajasthan State Transport undertaking with a view to formulate a proposal regarding scheme under section 99 of the Act. The scheme shall be published in Form R.S. 6.1 in Official Gazette and not less than one newspaper in Hindi language circulating in the area or route proposed to be covered by such scheme, by the Government.
6 · 3. Manner of filing objections.- (1) Any person affected by the scheme and wishing to file objections under section 100 of the Act shall do so in the form of a memorandum in duplicate, setting forth concisely the grounds of objections to the scheme within 30 days of the publication of the scheme in the Official Gazette.
6 · 4. Consideration and Disposal of Objections.- (1) The objections received shall be considered by such officer as is authorized to do so by order under the rules made by the Governor in pursuance of clause (3) of Article 166 of the Constitution of India.
6 · 5.Publication of Approved Scheme.- Subject to proviso to sub-section (3) of Section 100 of Act, a scheme so approved or modified shall be published in the Official Gazette and at least one Hindi news paper circulating in the area or route covered by such scheme in Form R.S. 6.2.
6 · 6. Consequences of publication of the scheme.- Upon the publication of the scheme under sub-section (3) of section 100 of the Act, the consequences as hereinafter stated, shall have effect in respect of the notified route or area or portion thereof:-
6 · 7. Application for permit under Section 103.- (1) Every application under sub-section (1) of Section 103 for a Stage Carriage permit shall be made in the Form R.S. 5.2 and for a Contract Carriage permit in Form R.S. 5.3.
6 · 8. Contravention of the approved scheme prohibited.-
6 · 9. Giving effect to the approved scheme.- (1) For the purpose of giving effect to the approved schemes, the Regional Transport Authority concerned shall forthwith cancel or modify or refuse to renew or make ineffective the existing permit in respect of notified route or portion thereof and serve upon the holder of such permits notices to that effect.
6 · 10. Disposal of articles found in the vehicle.- (1) The maximum period for claiming by owner of any article left by him in any transport vehicle operated by the State Transport Undertaking shall be 15 days.
6 · 11. Manner of service of an order under Chapter (VI).Every order under Chapter (VI) of the Act shall be served:-
7 · 1 General rules regulation of construction etc. of Motor Vehicle -
7 · 2 Use of Red Lights- The State Government may allow the use of red light to the front of the motor vehicle carrying high dignitaries or a vehicle escorting such vehicle as may be notified from time to time.
7 · 3 Mirror- Every motor vehicle, other than a transport vehicle not being a motor cab or a motor cycle having not more than two wheels and to which a side car is not attached, shall be fitted either internally or externally and every transport vehicle, other than a motor cab, shall be fitted externally with a mirror so placed that the driver have a clear and distinct vision of vehicles approaching from the rear.
7 · 4 Restriction regarding televisions set or video in the Motor Vehicles- No television set or video shall be fitted or kept on or near the dash board of the motor vehicle or shall be kept within the view of the driver.
7 · 5 Dangerous projection- (1) No mascot or other similar fitting or devices shall be fitted on any motor vehicle registered in India, in any position where it is likely to strike any person with whom the vehicle may collide. Unless, the mascot is unlikely to cause injury to any person of any projection thereon.
7 · 6 Springs- Every motor vehicle and every trailer, drawn thereby shall be equipped with suitable and sufficient means of springing adequately maintained in good and sound condition between the road wheels and the frame of the vehicle:
7 · 7 Mudguard- Every motor vehicle except a tractor or a trailer, shall unless adequate protection is afforded by the body of the motor vehicle, be provided with mudguards or other similar fitting to catch, so far as practicable mud or water thrown up by the rotation of the wheels.
7 · 8 Attachment to motor vehicle- (1) Every side-car attached to a motor cycle shall be so attached, at left hand side of the motor cycle, that the wheel thereof is not outside perpendicular planes at right angles to the longitudinal axis of the motor cycle passing through the extreme projecting points in front and in the rear of the motor cycle.
7 · 9 Communication with driver- Every motor vehicle for the use of passengers in which the driver's seat is separated from any passenger's compartment by a fixed partition which is not capable of being readily opened shall be furnished with efficient means to enable the passengers in such compartment and the conductor, if any to signal to the driver to stop the vehicle.
7 · 10 Use of military colours and registration marks prohibited(1) No motor vehicle other than a military motor vehicle shall be used, in any public place, unless it is painted in colours scheme different form that usually employed for military motor vehicles.
7 · 11 General- Every public service and private service vehicle, and all parts thereof including paint work or varnish, shall be maintained and in a clean and sound condition, and the engine mechanism and all working parts in reliable working order.
7 · 12 First-Aid-Box- Every public service and private service vehicle shall carry a First-Aid equipment in the erosal bottles approved by Bureau of Indian Standard containing medicine for burns, wound, painkillers and dressing material as prescribed by the State Transport Authority and dust proof first-Aid-Box containing the following articles namely:-
7 · 13 Stability- (1) The stability of a double decked public service and private service vehicle shall be such that when loaded with weights of 59 kilograms per person placed in the correct relative positions 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 stands 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.
7 · 14 Seating Room1 [(1)] Every public service vehicle other than a motor cab 2 [/maxi cab] shall confirm to the norms of seating space, back rest, size and type of seat provided in the table given below:-
1 · insterted by G.S.R. 46 dated 4.12.2003, Pub. in Raj. Gazette E.O. Part 4 (Ga) (l) dated 4.12.2003 (w.e.f. 4.12.2003).
2 · Inserted by G.S.R. 56 dated 15.2.2005, Pub. in Raj. Gazette E.O. Part 4 (Ga) (l) dated 15.2.2005 (w.e.f. 15.2.2005).
1 · Deleted by G.S.R. 46 dated 4.12.2003, Pub. in Raj. Gazette E.O. Part 4 (Ga) (l) dated 4.12.2003 (w.e.f. 4.12.2003).
1 · Subs.by G.S.R. 56 dated 15.2.2005, Pub. in Raj. Gazette E.O. Part 4 (Ga) (l) dated 15.2.2005 (w.e.f. 15.2.2005).
2 · [7.14A. Sleeper coach.3 [(1) Sleeper coach shall mean a Motor Vehicle desgined or constructedto provide facility to either sleep or sleep and sit having two tier , arrangement with berth necessarily on the upper tier shall have 1x1 or 2x1 berth arrangement. The lower tier may have either of the following arrangements :
2 · In . by Ibid
3 · Noti no. F 7(3() Pari/Rules/ H.Q. 2005/ IV/16885, dt. 31-08-2015, G.S,R82(pub. in Raj. Gaz. Ex. ord. Pt. 4( C)III) dt. 01-09.2015).
7 · 14 B. (Deleted by Noti No. F7(3) Pari/rules/hq/ 2005/IV/16885 date 31-08-2015 , G.S.R. 82(Pub. in Raj. Gaz.Ex-ord pt. 4( c) (II) , dt. 01-09-2015)] Before deletion of Rule was as under.-
7 · 15 Projection of seats beyond floor space- Every stage carriage shall have a body of the saloon type:
7 · 16 Gangway- (1) In every compartment of every public service vehicle the entrance to which compartment is from the front or rear, there shall be gangway along the vehicle, and;
7 · 17 Limit of carrying capacity- Notwithstanding anything contained in these rules, no public service vehicle other than a motor cab shall be licensed to carry a number of passengers, including those standing in excess of that number obtained by subtracting ninety kilograms from the difference between the registered laden and unladen weight of the vehicle and dividing the resulting figures by sixty-five in the case of a double decked vehicle and double decked vehicle ans single decked vehicle operated exclusively within the municipal and cantonment areas and by seventy five in the case of other single decked vehicles.
2 · [ In case of four wheeled motor cabs the seating capacity shall be same as of a private vehicle of same type 3 [x x] ]
7 · 18 Driver's seat – (1) No public service vehicle shall be driven other than from the right hand side of the vehicle.
1 · Added by G.S.R. 39 dated 26.7.1995, Pub. in Raj. Gazette E.O. Part 4 (Ga) (l) dated 26.7.1995.
2 · Subs. by G.S.R. 25 dated 21.6.1996, Pub. in Raj. Gazette E.O. Part 4 (Ga) (l) dated 22.6.1996.
7 · 19. Width of Doors.- (1) Every entrance and exit of a public service vehicle other than a motor can shall be at least 540 millimeters in width and of sufficient height:
1 · [ Provided that the Stage Carriages plying within the municipal or city limits other than vehicles having seating capacity upto 20 excluding driver and Conductor shall have two separate gates for entry and exit on the left hand sides of the body.]
7 · 20. Grab Rail.- A grab rail shall be fitted to every entrance or exists other than an emergency exit, of a public service vehicle other than a motor cab, to assist passengers in boarding or a lighting from the vehicle.
7 · 21. Steps.- (a) In every public service vehicle other than a motor cab, the top of the tread of the lowest step for any entrance or exit, other than an emergency exit, shall not ne more than 2 [400 millimeters] or less than 250 millimeters above the ground when the vehicle is empty. All steps shall be fitted with non-slip treads. Fixed steps shall not ne less then 230 millimeters wide and shall in no cases project laterally beyond the body of the vehicle unless they are so projected that they are not liable to injure pedestrians.
7 · 22 Cushion- The seats of public service vehicle shall be provided with fixed or movable foam or soft 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.
7 · 23 (A) Head room- (1) Every public service vehicle other than a motor cab shall have the internal height or head room of every single-decked public service vehicle with a permanent top, other than a motor cab, shall be measured along the centre of the vehicle from the top of the floor boards or battens to the underside of the roof supports and shall be not less than 138 centimeters, and not more than 185 centimeters:
1 · Added by G.S.R. 21 dated 26.7.1993, Pub. in Raj. Gazette E.O. Part 4 (Ga) (l) dated 27.7.1993 ,(w.e.f. 27.7.1993)
7 · 24 Protection of passengers from weather- (a) Every public service vehicle other than a motor cab shall be constructed with a fixed and watertight roof and every motor cab shall be either constructed with a fixed and watertight roof or equipped with a water-tight hood that may be raised.
7 · 25 Internal Light- Every public service vehicle, other than a motor cab, shall be furnished with one or more electric lights adequate to give reasonable illumination throughout the passenger's compartment or compartments but of such power or so screened, as not to impair the forward vision of the driver.
7 · 27 Fuel tanks- (1) No fuel tank shall be placed in any public service vehicle within sixty centimeters of any entrance or exist of a single decked vehicle or lower deck of a double-decked vehicle.
7 · 28 Carburetors- In every public service vehicle any carburetor and appears associate there with shall be so placed and shielded that no fuel leaking therefrom shall fall upon any part or fitting that is capable of igniting it of in any receptacle where it might accumulate.
1 · Subs. by G.S.R. 21 dated 26.7.1993, Pub. in Raj. Gazette E.O. Part 4 (Ga) (l) dated 27.7.1993, (w.e.f. 27.7.1993).
7 · 29 Exhaust Pipe- The exhaust pipe of every public service vehicle shall be so fitted or shielded that no inflammable material can be thrown upon it from any other part of the vehicle and that it is not likely to cause a fire through proximity to any inflammable material on the vehicle; the outlet thereon shall be placed for enough to the rear to prevent, so far as practicably fumer from entering the vehicle.
7 · 30 Electric Wires- All electric wires or leads shall be adequate insulated.
7 · 31 Fire extinguisher- (1) With the previous sanction of the Government, the State Transport Authority may as a condition precedent to the grant of permits, require all public service vehicles in any specified area to be equipped with a fire extinguishing apparatus of a type specified by it and may require that such fire extinguishing apparatus shall be inspected at such periods and by such persons, as it may specify.
7 · 32 Locking of nuts- All moving parts of every public service vehicle and all parts subject to severe vibration connected by bolts or studs and nuts shall be fastened by some efficient device so as to prevent them working or becoming loose.
7 · 33 Floor board- (1) The floor boards of every public service vehicle shall be so fitted as to exclude as far as possible droughts and dust.
7 · 34 Spare wheel and tools- Save as otherwise specified, by the Regional Transport Authority in respect of municipal or cantonment areas, every public service vehicle shall, at all times be equipped with not less than one spare wheel or rim, fitted with a pneumatic tyre in good and sound condition ready and inflated, 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 road wheels.
7 · 35 Inspection of Motor Vehicle- (1) Notwithstanding anything contained in rule, if the Registering Authority has reason to believe that owing to the mechanical defects, any vehicle, is in such condition that its use in a public place constitutes a danger to the public, or that it is fails, to comply with the requirements of Chapter-VII of the Act or of the rules made thereunder, he may cause such vehicle to be inspected by an Inspector of Motor Vehicles and after giving the owner an opportunity of making any representation as required under sub- section (1) of section 53, suspend the certificate of registration of the vehicle under the said section till such time as the vehicle is produced for inspection duly repaired.
7 · 36. Clearance.- All the under parts of thevehicle inside the pivots the front axle and steering arms which must be placed as near as possible to road wheel as far back as least as the rar axle, shall be, above the ground by not less than 254 mm, when the vehicle is fully loaded.
7 · 37. Springs.- (1) Chassis springs shall be properly hung and must be of sufficient strength and flexibility to meet all likely contingencies.
7 · 38. Wheel Track.- The wheel tracks of both front and rear wheel shall coincide and the distance between the centre lines of the tracks of the front wheels shall not be less than 69 percent of the overall width of the vehicle.
7 · 39. ventilation.- Every state carriage shall be provided with adequent means of ventilation so that there shall be proper ventilation even when the windows, if any, are not opened. If the carriage is provided with opening windows, suitable provision shall be made so that opening of the window could be adjusted.
7 · 40. Prohibition of painting or Marking in certain manner.- (1) No advertising device, figure or writing shall be exhibited on any public service vehicle save as may be specified by the Regional Transport Authority by general or specific order.
7 · 41. Body and loading platform of goods vehicle.Every goods vehicles including a trailer shall, be equipped with a strong platform or body so constructed as to be capable of carrying the load for which it is used without danger to other roadusers and such that the load can be securely packed within or fastened to the body or platform.
7 · 42. Chocks.- (1) In order to prevent a goods vehicle from running backward on slopes, or otherwise to render it immobile, very such vehicle, not being a light motor vehicle, shall be equipped with two wedge-shaped rigid chocks, each measuring 30 centimeters in length 30 centimeters in breadth and 254 centimeters in height, with one of its sides having a slope making an angle of 45 degrees at the end. The plane surface of the sloped side of each chock shall be rendered concave so as to fit the outer circumstance of the tyres normally fitted to the rear wheel of vehicles.
1 · Inserted by G.S.R. 14 dated 17.5.1995, pub.in Raj. Gazette E.O. part 4 (Ga)(I) dated 17.5.1995.
7 · 43. Driver's seat.- (1) The provisions of rule applicable to public service vehicles shall also apply to goods vehicle other than light motor vehicles provided with bucket type seats:
7 · 44. A seat of driver in goods vehicle covered under National Permit Scheme.- In every public Carrier vehicles covered under National Permit Scheme a Seat behind the driver's seat shall be provided for the spare driver to sleep. The seat of the spare driver shall not be less than 6 feet long and 20 inches in width.
7 · 45. Checking of designs of locally manufactured trailer.- (1) An application for the approval of a new design of trailer manufactured in India and intended to be used as a transport vehicle shall be sent to the Transport Commissioner, in triplicate by the manufacturer or his authorized assembler in form R.S. 7.1. Such application shall be accompanied by three copies of each of the following in addition to other documents mentioned in the form of application;
7 · 46. Provision as to trailers.- No trailer other than the trailing half of an articulated vehicle shall be attached to a public service vehicle.
7 · 47. Prohibition and restriction on use of trailers with motors cycle and invalid carriages.- (1) A motor cycle with not more than two wheels with a side-car shall not draw a trailer.
7 · 48. Prohibition of attachment of Trailer to certain vehicles.- No Motor vehicle which exceeds 8.4 meters in length not being a motor vehicle used for towing a disabled motor vehicle shall draw a trailer.
7 · 49. Restriction on number of trailers to be drawn.-
7 · 50. Attemdants on Trailer.- (1) Where 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 persons, not being less than twenty years of age and competent to discharge their duties, that is to say:
7 · 51. Restriction on length of Train of Vehicle and
7 · 52. Distinguishing mark for Trailers.- (1) No person shall drive, or suffer or cause 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 back of the trailer or of the last in the Form R.S. 7.2 set out in the diagram in retro-reflective red colour and white back ground.
7 · 53. Special rules for heavy goods and passenger motor vehicles attendant.- The driver of a heavy goods and passenger motor vehicle shall be accompanied by an attendant who shall be in a position to give warning of any traffic approaching from the rear and shall assist the driver by giving signal when the motor vehicle is being taken in reverse.
7 · 54. 'Producer' defined.- In these rules, otherwise expressly stated 'producer' means the whole of the generator, pipes coolers, filters and accessories necessary for the generation of gas and its supply to the engine.
7 · 55. Conditions of fitting producers to vehicles.- on and after the coming in to force of these rules, no producers shall be fitted to a motor vehicle unless the producer-
7 · 56. Approval how obtained.- (1) Any person seeking the approval of the Government under rule 7.6 shall make application in writing accompanies by duplicate copies of the specification, of clear drawings or prints of the producer and of the instructions for working it, and shall state the type or model of the motor vehicle, and the sixe and horse power of the engine, for which, the producer is intended.
7 · 57. Procedure after approval.- (1) When the Government approves of any type or model of producer, it shall inform the applicant in writing accordingly and shall intimate the description, name, mark or number under which it may be offered for sale.
7 · 58. Government to satisfy that design, etc. of producers and according to rules.- (1) Before according approval to any type or model of producers, the government shall satisfy itself that the design and construction thereof as proposed are in accordance with the provisions of these rules and in particular that:
7 · 59 Copy of instruction to accompany of sale of Producer.- A copy of the instructions for the working of the producer as approved and endorsed under sub-rule (2) of rule 7.65 and bearing upon it the particulars specified in clause (c) of rule 7.62, shall be attached to, or tendered with every producer offered for sale.
7 · 60. Design of producer.- Every producer shall be designed manufactured, fitted and maintained with all reasonable care necessary to prevent damage to the engine of the vehicle to which is fitted and from fire, gas poisoning, and burns and in particulars:
7 · 61. Fixing of producer.- (1) No part of any producer shall be placed so as to reduce the field or vision of the driver by means of the mirror prescribed in rule 7.3 or otherwise, or so as to impede the driver in his control of the vehicle.
7 · 62. Should it not be seat.- (1) On any motor vehicle if any part of the generator is so placed as to be within a distance of 15 centimeter in a horizontal place from any part of the vehicle, the vehicle shall be insulated from the generator by a sheet of asbestos one eight of 26 c.m. thick or by such other insulating material as the Government may be general or special order in writing specify in this behalf, not less in height than to height of the generator (including the hopper) and of such a width as:
7 · 63. Generator.- (1) In the case of a goods vehicle, the generator may be placed at the rear or side of the vehicle, as prescribed for a public service vehicle, or behind the driver's seat.
7 · 64. Position of generator.- No generator and no pipe connecting the generator to the gas filters shall be so placed that the distance between any part of the generator or pipe is less than 121 centimeter from the filling point or office of the petrol tank unless the generator or pipe is efficiently screened by an adequate hear insulated partition.
7 · 65. position of filters and gas coolers.- On any transport vehicle the filters and gas coolers shall be so placed as to be readily accessible for cleaning at any time.
7 · 66. Producer to be firmly fixed.- Every part of the producer shall be firmly and securely fixed in place, and all valves, joints and hoppers lids or covers shall at all times be maintained in a gas tight condition.
7 · 67. Instructions for driver or person incharge.- No driver or other person incharge of a motor vehicle to which a producer is fitted shall:
7 · 68. Projection of producer.- (1) The projection of any part of a producer beyond the rear of the vehicle shall be deemed, not to be a part of the vehicle for the purposes of Central Motor Vehicle Rules, 1989 in regards overall length and overhang.
7 · 69. Any officer authorized by Government in this behalf may time.- (1) Inspect any motor vehicle fitted with a gas producer for the purpose of seeing that the producer is of an approved type and is fitted in accordance with these rules, and that the gas filter and other parts are properly cleaned and maintained;
7 · 70. All applications in respect of the manufacture and approval of gas producers to be installed in motor vehicle should be made to the secretary to Government in the Transport Department.
7 · 71. No certificate of fitness shall be be issued or renewed or under rule 4.18 in respect of vehicle fitted with a gas plant unless the plant, and the fitting of the plant to the vehicle, have been inspected tested and passed by an officer authorized by Government under rule 7.69 and the certificate has been endorsed by him to this effect.
7 · 72. Type of body and Material.- (1) (a) The body of every auto Rickshaw shall be either of a station wagon or a box type or hackney carriage type, as approved by the State Transport Authority, soundly constructed to the satisfaction of the registering authority and shall be securely fastened to the frame of the vehicle. There shall be adequate arrangements for protection of passengers from sun, wind and rain. The material used in the construction shall be strong and of good quality.
7 · 73. overhang.- The overhang of the body shall not exceed forty one percent of the distance between the plane perpendicular to the axis of the auto rickshaw which passes through the centre of the front wheel and the centre of the rear axle.
7 · 74. Over all width.- 4 passengers auto rickshaw and tempo.- (1) Overall width measured at right angles to the axis of the planes enclosing the extreme points, shall be not more than 176 cm. and not less than 124 cm.
7 · 75. overall height-4 passengers auto rickshaw.- (1) The overall height measured from the surface on which auto rickshaw stands shall not exceed 183 cm. and there shall be least 122 cm. clear head space between floor board and the roof.
1 · [(3) Tempo.- The overall height measured from the surface on which tempo stands shall not exceed 180 cm. excluding the height of the luggage carrier, of provided and there shall be at least 122 cm. clear head space between floor board and the roof.]
7 · 76. Road Clearance.- The Road clearance of every auto rickshaw shall not be more than 20 cm. and not less than 10 cm.
7 · 77. Clearance of floor board.- (1) 4 passengers auto rickshaw .- The floor board shall be not less more than 56 cm. above the surface on which the auto rickshaw stands.
7 · 78 Lights.- Every auto rickshaw and Tempo shall be fitted with the head and tow side white lights on the body in the front.
7 · 79. Driver's seat and Cabin.- (1) The back of the driver's seat should have at least 112 cm. of clearance from the front panel of the body. A wind screen shall be provided for the driver.
7 · 80. Gangway.- In every 4 passengers auto rickshaw, the entrance to which is from the front of rear and seats are placed across the vehicle there shall be a gangway of not less than 31 cm.
7 · 81. Seating room and foot board.- (1) (i) 4 passengers auto rickshaw.-
1 · Subs. By G.S.R. 21 dated 26.7.1993, published in Raj. Gazette E.O. part 4 (Ga) dated 27.7.1990 (w.e.f. 27.7.1993).
1 · [(5) Tempo.- (a) In the case of a Tempo not more than two seats of 115 Cm. X 38 Cm. shall be placed across the chassis, facing each other in the seating room. The seats and the back of the seats shall be provided with good cushion and cover. The seat provided for passenger shall be of not less than 38 cm. X 38 Cm.
2 · [(7) Tempo registered prior to these rules shall not be allowed to ply after expiry of two years from the day on which these rules will come into force, unless the body of such tempo is constructed/modified to meet the requirements laid down in these rules.]
7 · 82. Milometer.- Every auto rickshaw shall be provided with suitable type of milometer to record total kilometer covered on the basis of which fare is paid and also a milimeter of the type in which trip readings can be adjusted to zero or fare meter.
1 · Added by G.S.R.21 dated 26.7/1993, published in Raj. Gazette E.O. Part 4(Ga)(I) dated 27.7.1993, (w.e.f. 27.7.1993).
2 · Added by Ibid.
7 · 83. Horn.- Every auto rickshaw and tempo shall be fitted with a bulb horn.
1 · [ 7.84. Overall length.- In case of Tempo the overall length of the Tempo shall not exceed 420.5 Cms.]
7 · 85. Colour.- The colour of the lower body and front portion excluding the border of wind screen shall be black and the rest portion including the border of wind screen shall be yellow.
7 · 86. Exemption by State Government.- The State government, may in public interest or for sufficient reasons, by notification in the Rajasthan Gazette, exempt to such extent as may be specified in the notification, any motor vehicle or class of motor vehicles from all or any of the provisions of the Rules contained in this Chapter for specified purposes or areas, if it is satisfied that such vehicle or vehicles can be used in a public place without any danger to public safety.
7 · 87. Exemption of road plant.- Nothing in rules 7.3, 7.5 and 7.34 shall be apply to road rollers and other machines of roads.
1 · Subs by G.S.R. 21 dated 26.7.1993, published in Raj. Gazette E.O. Part 4(Ga)(I) dated 27.7.1993(w.e.f.27.7.1993).
2 · [8.1. District Collector and District Magistrate to restrict speeds, weight, etc.District Collectors and District Magistrate in their respective Jurisdiction shall have the power.-
8 · 2. Authorities empowered to erect traffic signals.- (1) The District Collector and District Magistrate shall be the authority authorized to cause of permit traffic signs to be placed or erected in any public place for the purpose of regulating motor vehicle traffic within their respective jurisdictions.
8 · 3. Weighing for vehicles.- (1) Any officer referred to in sub-rule (2) may, if he has reason to believe that a goods vehicles is being used in contravention of any laden weight restriction imposed by competent authority, require the driver to convey the vehicle to a weighing device, of any within distance of ten kilometer from any point on the forward route or within a distance of twenty kilometer from the destination of the vehicle, for weighing, direct the driver to convey the vehicle to a suitable place to be specified in the notice and he may by order in writing, direct the driver to off load the excess weights at his own risk and no to remove the vehicle from that place until the laden weight axle weight has been reduced so that it complies with such restrictions 1 [The weighing charges shall be borne by vehicle owner/ in charge]
2 · [(2) Transport Officer not below the rank of Motor Vehicle Sub-Inspector is authorized to require the weighing of goods vehicles and trailers.
1 · Substituted by G.S.R. 21 dated 26.7.1993, published in Raj. Gazette E.O. Part 4 (Ga) (I) dated 27.7.1993,(w.e.f.27.71993).
2 · Subs. By G.S.R. 82 dated 29.11.2002, pub. In Raj. Gazette E.O. Part 4 (Ga) (I) dated 29.11.2002.
2 · [8.4 Officers empowered to demand production of registration Certificate.Transport Officer not below the rank of a Motor Vehicles Sub-Inspector are authorized to demand the production of the Certificate of Registration of any vehicle, and where the vehicle is a transport vehicle, the certificate of fitness also.]
8 · 5. Officer empowered to demand information.- Police Officers not below the rank of a Sub-inspector are authorized to demand from the owner of a motor vehicle, the driver of which is accused of any offence under the Act all information regarding the name and address of and the license held by the driver which is in his possession or could by reasonable diligence be ascertained by him.
8 · 6. Officers empowered to inspect vehicles involved in accident.- Transport Officers not below the rank of an Inspector of Motor Vehicles and Police Officers not below the rank of a Sub-Inspector are authorized to inspect any motor vehicle involved in an accident and for that purpose to enter at any reasonable time any premises where the vehicle may be to remove the vehicle for examination.
8 · 7. Vehicles abandoned on the road-removal and custody.- (1) If any motor vehicle is allowed to stand 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, any Police Officer or any Officer of Motor vehicle department not below the rank of motor vehicle inspector may:
1 · subs.by ibid
8 · 8. Installation and use of Weighing Devices.- (1) A weighing device for the purpose of section 114, may be-
1 · [(1-A) For weighment of vehicle at the weighbridge, installed or maintained by or under the order of the State Government, such fee shall be charged as may be specified by the State Government from time to time.]
1 · Ins. by noti No. F7(273) Pari/rules/h.q/ 2007, G.s. R 92 dated01-02-2008 (pub. in Raj. Gaz. Ex-ord, Part-4(Ga)(I) dated 01-02-2008)
8 · 9. Ghat Roads-restriction on driving with gear disengaged.- On any ghat road and elsewhere on any hill, marked by traffic sign, No. C-8 and C-9 of schedule to the Act, no person shall drive any motor vehicle with the engine free, that is to say, with the gear level in neutral, the clutch lever depressed or with any free wheel or other device in operation which frees the engine form the driving wheels and prevents the engine from acting as brake when the vehicle is travelling down on an incline.
8 · 10. Prohibition of mounting or dismounting when vehicle is in motion.- (1) No person shall mount or attempt to mount on, or dismount from any motor vehicle, other than a motor cycle when the motor vehicle is in motion, nor shall the driver or person incharge of such vehicle, permit any person to do so.
8 · 11. Towing.- (1) No vehicle other than mechanically disabled or incompletely assembled motor vehicle, a registered trailer or a side car shall be drawn or towed by any motor vehicle.
8 · 12. Driving of tractors on Roads.- (1) No tractor, when fitted for being driven on a public road shall be driven on such road at a speed exceeding ten kilometers per hour and no such tractor shall take sharp turns on such road:
8 · 13. Footpaths, cycle bracks and traffic segregation.- Where any road or street is provided with footpaths or tracks reserved for cycles or specified classes of other traffic, no person shall, save with the sanction of a police Officer in uniform, drive any motor vehicle or cause or allow any motor vehicle to be driven on any such footpath or track.
8 · 14. Projection of Loads.- (1) Nothing shall be placed or carried upon the outside or the roof of a double decked service vehicles.
8 · 15. Dangerous substances-Restrictions as to carriage of.- (1) Except for the fuel and lubricants necessary for the use of the vehicle, no explosive, highly inflammable otherwise dangerous substance, shall be carried on any public service vehicle unless it is so packed that even in the case of an accident to the vehicle it is unlikely to cause damage or injury to the vehicle or person carried thereon.
8 · 16. Sound signals-restriction on use of.- (1) No driver of a motor vehicle shall sound the horn or other device for giving audible warning, with which the motor vehicle is equipped, or shall cause or allow any other person to do so, to an extent beyond that which is reasonably necessary to ensure safety.
8 · 17. Cut outs-Prohibition of.- No driver of a motor vehicle shall in any public place make use of any cut out or other device by means of which the exhaust gases of the engine are released, save through the silencer.
8 · 18. Dazzling lights-restriction of.- (1) The driver of a motor vehicle shall at all times when the lights of the motor vehicle are in use so manipulate them that danger or undue inconvenience is not caused to any person by dazzle, shall not use the mercury or any bulb which gives dazzling light.
8 · 19. Restriction on Travelling Backwards.- No driver of a motor vehicle shall cause the vehicle to travel backwards without first satisfying himself that he will not thereby cause danger or undue inconvenience to any person or 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 time the vehicle round.
8 · 20. Use of lamps when a vehicle is at rest.- (1) If within the limits of any Municipality, a motor vehicle is at rest within the hours during which lights are required, at the left hand side of any road or street or elsewhere in any duly appointed parking place, it shall not be necessary for the motor vehicle to exhibit any light save as may be required generally or specifically by the District Magistrate.
8 · 21. Visibility of lamps and registration marks.- (1) 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 the provisions of the Act, unless a duplicate of the lamp or mark so marked or otherwise observed is exhibited in the manner required by or under the Act for the exhibition of the masked or obscured lamp or mark.
8 · 22. Driving mirror obscuring of.- No person driving or incharge a motor vehicle shall –
8 · 23. Duty to comply with traffic control signals.- (1) Every driver of a motor vehicle shall, when driving the vehicle in a public place comply with any traffic control signal given to him by any police officer in uniform for the time being engaged in the regulation of traffic in such public place.
8 · 24. Stop sign on road surface.- (1) When any line is painted or on inlaid into the surface of any road at the approach to a 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 or Transport Officer or by means of traffic control lights or by a traffic sign.
8 · 25. Traffic signs to be observed.- Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by a traffic sign, the erection of which is permitted under sub-section (1) of section 116 of the Act.
8 · 26. Loading of public service vehicle on ferry boats.- (a) The driver, conductor or other person in-charge of a public service vehicle, shall cause all passengers to alight before embarking the said public service vehicle on any ferry boat, and shall not allow them to take their places again in the vehicle until it has been disembarked.
8 · 27. Special provision for vehicles plying on hill roads.- (1) The State Government may declare hill roads or ghat roads of the State, from time to time, by a notification in Official Gazette.
8 · 28. Wearing of protective Head Gear.- Every person driving or riding on motor cycle including any two wheeled motor vehicle i.e. motor cycle, scooter, moped shall while in public place, wear a protective head gear of the specification prescribed by the Bureau of India Standards:
1 · [Provided also that a minimum period of 30 days shall be allowed to obtain the protective head gear from the date of the publication of the notification providing for use of such protective head gear under this rule except for the places where this provisions is already in force prior to coming in force of the rule.]
1 · subs. by. NotiNo. F7(66)pari/rules/hq/94/28-01-2011
9 · 1 Definition.- In this chapter unless there is anything repugnant in the subject or the context-
9 · 2 Establishment of Fund.- The Corporation Shall establish a fund in the manner as required by Rule 151 and 152 of the Central Motor Vehicles Rules, 1989 to meet any liability arising out of the use of any vehicle of the undertaking which the undertaking or any person in the employment of the undertaking may incur to Third Parties.
9 · 3 Withdrawal & Use of Fund.- The fund shall be withdrawn in accordance with the rule 157 of the Central Motor Vehicle Rules 1989 and shall be used generally for the meeting or Third Party Liabilities in respect of:-
9 · 4 Procedure in case of accidents, etc.-
9 · 5 Settlement of Claims.- All claims lodged and/or established against undertaking and to be met out of the Fund, shall be settled as under:-
9 · 6 No compensation shall be paid under these rules.-
9 · 7 Budget provision.- The cost on account of any compensation awarded by the authorities prescribed in these Rules, shall be met out of the Fund for which provision shall be made in the budget of Undertaking.
9 · 8 Mode of payment.-
9 · 9 Debiting of expenditure.-
9 · 10Investment.- The Funds shall be invested in the manner prescribed in Rule 153 of the Central Motor Vehicles Rules, 1989.
9 · 11Security held as a deposit in the fund.- The security as deposit in the fund in the manner prescribed in Rule 154 of Central Motor Vehicles Rules, 1989.
9 · 12Deposit procedure.- For this procedure rule 155 of the Central Motor Vehicles Rules, 1989 shall apply.
9 · 13Interest Deposit.- Interest realized on each deposit or the security held in the fund shall be paid by the Bank to the authority.
9 · 14Operation of the fund.- The fund shall be opened separately and the separate account shall be maintained in the Banks of the Undertaking.
9 · 15Audit of the fund.- The audit of the account of the fund shall be made in the same manner as that of the other account of the undertaking except that yearly audited statement showing-
9 · 16The decision of the Government shall be final in all matters connected with the fund.
9 · 17The Government shall be competent to modify to make additions in these Rules and to frame any supplementary rules, fund necessary for working of the Fund from time to time
10 · 1. Definitions.- In this chapter unless there is anything repugnant in the subject or the context-
10 · 2. Application for Compensation arising out of an accident.- (1) Any application for the compensation arising out of the accident of the nature specified under this Act shall be made to the Claims Tribunal, having jurisdiction over the area in which the accident occurred, which shall be in Form R.S. 10.1 and shall contain the particulars specified in that form.
10 · 3. Application for the Compensation under Section 140 of the Act.-
10 · 4. Production of Passport Size photograph by applicant.Notwithstanding anything contained in rule 10.2. Or rule 10.3, the claims Tribunal may require the applicant to produce a passport size photograph, which shall be attested by and advocate. The photograph shall either be affixed to the fastened to the original application.
10 · 5. Fees- (1) Every application made under these rules for payment of compensation shall be accompanied by a fee of Rs. 10/- in the form of Court Fee Stamps.
10 · 6. Examinations of applicant.- On receipt of an application under rule 10.2/10.3, the Claims Tribunal may examine the applicant on oath, and the substance of such examination, if any , shall be reduced to writing and shall be signed by the Member constituting the Claims Tribunal or as the case may be, the chairman.
10 · 7 Summary Disposal of Application.- The Claims Tribunal may, after considering the application and the statement, if any, of the applicant recorded under rule dismiss, the application summarily, if for reasons to be recorded in writing, the Claims Tribunal is of and opinion that there are no sufficient grounds for proceeding therewith:
10 · 8. Notice to the Parties involved.- (1) If the application is not dismissed under rule 10.7, the Claims Tribunal shall send to the owner or the driver of the vehicle or both from whom the applicant claims relief and the insurer, a copy of the application, together with the notice of the date on which it will dispose off the application, and may call upon the parties to produce on that date any evidence which they may wish to tender.
10 · 9. Appearance and Examination of Parties.- (1) The opposite party may, and if so required by then 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.
10 · 10. Framing of Issue.- After considering any written statement, the evidence of the witness examined and the result of any local inspection, the Claims Tribunal shall proceed to frame an issue upon which the right decision of the case appears to it to depend.
10 · 11. Determination of Issues.- After framing the issues, the Claims Tribunal shall proceed to record evidence thereon which each party may desire to produce.
10 · 12. Diary.- The Claims Tribunal shall maintain brief diary of the proceedings on an application.
10 · 13. Appearance of legal practitioner.- The Claims Tribunal may in its discretion, allows any party to appear before it through the legal practitioner.
10 · 14. Local Inspection.-(1) The Claims Tribunal may, at any time during the course of any inquiry before it, visit the site at which the accident occurred for the purpose of making a local inspection or examining any persons likely to be able to give information relevant to the proceeding.
10 · 15. Inspection of the vehicle.- The Claims Tribunal may, if it thinks fit, require the motor vehicles involved in the accident to be produced by the owner for inspection at a particular time and place to be mentioned by it, if necessary, in consultation with the owner.
10 · 16. Power of summary Examination.- (1) The Claims Tribunal, during a local inspection or at any other time, save at formal hearing of a case pending before it may examine summarily any person likely to be able to give information relating to such case, whether person has been or is to be called as a witness relating to such case, whether person 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.
10 · 17. Summoning of Witnesses.- If an application is presented by any party to the proceeding for the summoning of witnesses, the Claims Tribunal shall, on payment of the expenses involved, if any, issue summons for the appearance of such witnesses unless it considers that their appearance is not necessary for a just decision of the case.
10 · 18. Fees for process.- The fees to be taken for any process issued by the Claims Tribunal, shall be in the scale as may be determined by the Tribunal from time to time, but shall not exceed these taken for a similar process by the Rajasthan District Courts. No fee shall be charged for the process of application for compensation made under section 140.
10 · 19. Method of Recording Evidence.- The Claims Tribunal shall, as examination of witnesses proceeds, make a brief memorandum of a substance of the evidence of each witness and such memorandum shall be written and signed by the members of Claims Tribunal and shall form part of the record:
10 · 20. Adjournment of Hearing.- If the Claims Tribunal finds that an application cannot be disposed of at one hearing, it shall record the reasons which necessitate the adjournment and also inform the parties present of the date of adjournment of hearing.
10 · 21. Co-opting of persons during enquiry.- (1) The Claims Tribunal may for the purpose of adjudicating upon any claim for compensation other than claims for compensation under Section 140 of the Act choose not more than two persons hiving technical or special knowledge with respect of any matter before the Claims Tribunal for the purpose of assisting the Tribunal in the holding of the enquiry.
10 · 22. Judgment and Award of Compensation. (1) The Claims Tribunal in passing orders, shall record concisely in a judgment the finding on each of the issues framed and the reasons for such finding and make and award specifying the amount of compensation to be paid by the insurers and also the person or persons to whom compensation shall be paid.
10 · 23. Obtaining of information and documents necessary for awarding compensation under section 140.- The Claims Tribunal shall obtain whatever supplementary information and documents which may be found necessary from the Police, Medical and other Authorities and proceed to award the claim where the parties who were given notice appear or not on the appointed date.
10 · 24. Judgment and Award of Compensation under Section 140.- (1) The Claims Tribunal shall proceed to award the claim of compensation under Section 140 on the basis of-
10 · 25. Procedure of disbursement of compensation under section 140.to the Legal heirs in case of Death.- Where the Claims Tribunal feels that the actual amount to the claimant is likely to take time because of the identification and the fixation of the legal heirs of the deceased, the Claims Tribunal may call for the amount of compensation awarded to be deposited with the Claims Tribunal and then proceed with the identification of the legal heirs for deciding the payment compensation to each of the legal heirs.
10 · 26. Receipt for Compensation.- Upon payment of compensation, a receipt shall be obtained by the Claims Tribunal and such receipt shall be forwarded to the Insurer concerned or as the case may be, the owner of the vehicles, for purpose of record.
10 · 27. Power vested in Civil Court which may be exercised by Claims Tribunal.- (1) Without prejudice to the provisions of section 169,-
10 · 28. Procedure to be followed by Claims Tribunal in holding enquiries.- (1) The following provisions of the Code of Civil Procedure, 1908 shall, so far as may be, applied to the proceedings before every Claims Tribunal, namely:-
10 · 29. Savings.- Notwithstanding anything contained in these rules, in the case of minor accidents and in the case of a claim under Section 140, the Claims Tribunal may follow such summary procedure as it thinks fit.
10 · 30. Registrar.- The State Government may appoint a registrar of the Claims Tribunal, who shall be the Chief Ministerial Officer of the Tribunal and shall exercise such powers and discharge such duties of a ministerial nature as a member of the Tribunal or where the Tribunal consists of more than one member, the Chairman of the Tribunal may, from time to time by order direct.
10 · 31. Form of Appeal and Contents of Memorandum.- (1) Every Appeal against the award of 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 authorized in that behalf by the applicant and presented to the High Court or to such officer as it appoints in this behalf. This memorandum shall be accompanied by a copy of the award.
10 · 32 Record.- The record of claims cases disposed off by the Claims Tribunal shall be preserved for a period of five years:
11 · 1 Officers empowered to recover penalty for causing obstruction to free flow of traffic.- Transport Officers not below the rank of 1 [Sub-Inspector of Motor Vehicles] and Police Officer not below the rank of Inspector are authorized to recover the penalty under section 201 of the Act.
1 · [12.1. Payment of fee.- The fee payable under the Act and rules made thereunder shall be payable in cash or through Challan in prescribed Form 12.1]
2 · [12.1A. Application fee for obtaining verification of documents:- A fee of 3 [Rs 100/-] shall be charged on every application for obtaining verification of documents relating to registration, license fitness and permit;
12 · 2. Refund of Fee.- (1) Subject to the provisions of sub-rules (2), (3) and (4) and to anything contained in the rules made under the Act, the licensing or Registering Authority concerned or as the case may be, Regional Transport Officer or District Transport Officer, or Secretary of the Regional Transport Authority or the State Transport Authority may on an application sanction the refund of:
1 · [Provided that the Transport Commissioner may direct refund of excess amount of fee charged after the period specified above.]
12 · 3. Jurisdiction of officers of the Transport Department.- The Transport Commissioner, Deputy Transport Commissioner and Assistant Transport Commissioner shall exercise the jurisdiction over the entire State of Rajasthan and the remaining officers shall exercise jurisdiction within the region or district to which they are posted;
12 · 4. Performance of Functions of Officer under the Act and the rules made thereunder.- Notwithstanding anything contained in these rules:
1 · Ins. by No. F(229)/Pari/Rules/HQ/2003/541 dated 25-08-2010
3 · Subs. By G.S.R. 56 daed 15-02-2005 (Pu. in Raj.Gaz. Ex.rd. Pt- 4(Ga)(I) dated 15-02-2005)(w.e.f 1502-2005)
12 · 5. Uniform.- The uniform of the 1 [X X X] Motor Vehicles Inspector or Motor Vehicles Sub-Inspector shall be as follows:
12 · 6. Application for inspection.- Any party to any proceedings or any person aggrieved from any other against which appeal or revision lies, if any officer or Authority under the Act and rules made thereunder , or their Advocate, may apply for order to inspect the record or any papers in such proceeding or orders.
12 · 7. Application for inspection by non-party.- Any person, other than the person to whom rule (a) applies, on showing reasonable grounds of doing so may also apply for an order for inspection of record in any proceedings. No such person shall be entitled as of right to obtain an order for inspection.
12 · 8. Form of Application.- (1) Every application for inspection of record shall be in writing in the prescribed Form R.S.12.2 and shall set forth;
12 · 9. Day and hours of Inspection.- (1) Every order of inspection shall specified the date on which such inspection may be made.
12 · 10. Order for inspection.- Every order for inspection of record shall be sent to the inspection clerk and will entitle the person or persons named in such order but no any other person or persons to inspect the record specified in the order on the date and named in the order, but on no other date. If no inspection is made on the date fixed, the application and stamp paper shall be filed with file of the record and shall not entitle the applicant to inspect on any other date.
12 · 11. Inspection of record by the legal practitioner's clerks forbidden.- Inspection of record by legal practitioner's clerk is not permitted. The recognized clerk may be permitted to assist the legal practitioner in his inspection. Such clerk must, however, withdraw from the place of inspection as soon as the legal practitioner ceases inspecting.
12 · 12. Duty of Inspection clerk.- (1) The inspection clerk shall keep an inspection register in the prescribed form (12.3.)
12 · 13. Use of Pen and Ink during the inspection prohibited.- No person inspecting a record shall be allowed to bring into the room in which inspection is made any Pen or Ink not use any Pen and Ink nor shall he be allowed to make any mark upon or any respect to mutilate any record or paper which is being inspected.
12 · 14 Details necessary in application for certified copy.- Every application for a copy shall be on the prescribed Form R.S. 12.4 which can be obtained from licensed stamped vendor and shall set forth-
12 · 15. Sending of copy by post.- If the applicant desires the copy to be sent by post, he shall also send or submit with his application for copies.-
12 · 16. Pleader's Clerk may apply for copy.- An application for copy duly signed by a pleader may be presented by his recognized clerk and the copy may be delivered to such clerk.
12 · 17. Parties to the proceedings.- Except as hereinafter provided, any party to an appeal, revision or proceedings may at any time obtain, upon an application/ an order for a copy or copies of the record in such appeal. Revision or proceeding, or of any judgment, order, pleading, paper, exhibit or document in such record.
12 · 18. Stranger to appeal or proceedings.- A stranger to an appeal, revision or other proceedings may, after final judgement or final order, obtain pleading, paper or document in the record and may, for sufficient reason shown to the satisfaction of the Head of the Office, obtain upon application at any time before final judgment or final order, an order from the Head of the Office for a copy or copies of any judgment order, pleading, paper or other document in record other than an exhibit.
12 · 19. Government and certain court.- Notwithstanding anything contained in these rules, Head of the Office may, upon application by or on behalf of the Head of any Department of the Government of India or the Head of any Department of any State in India or any High Court in India, any authority in India, any authority in India exercising jurisdiction similar to h High Corry, any Court subordinate to the Rajasthan High court or Rajasthan Revenue Board any Principal Court in foreign country in his discretion order a copy or copies may be made free of charges unless they be required for the purpose of a litigant other than the Government.
12 · 20. Government Law officer.- (1) In case in which Government is a party copies of judgments, orders and of any other paper required for purpose of conducting the case shall be supplied free of charges to the Government Law Officer.
12 · 21. Procedure on receipt of an application for a copy of record.- (1) Every officer receiving an application for a copy of record shall:-
12 · 22. Duties of Copiest.- (1) As soon as the copy is made, the copiest shall forthwith return the record together with the application and order, to the official from whom he received them and such official shall forthwith place such application and order, in part at appropriate place in the last part of file.
12 · 23. Copies to be made on stamped paper provided by applicant.- (1) Except for the use of the court, or in a case falling within rules 12.19 and 12.20. No copy of any record of any part thereof or of any judgment, order, proceeding paper or other document in any record, shall be made, except on stamped paper provided by the person who has obtained an order for the copy.
12 · 24. Scale of copying charges.- The following shall ordinarily ve the scale of the charges for copies:-
12 · 25. Use of stamped sheet for copy.- (1) Every application for a copy for which a charge is to be made, shall be accompanied by sheet or sheets of stamped copying paper equal in value to the scheduled charges for the copy of the document in the preceding rule.
12 · 26. Signing examination and certification of copies.- When a copy has been made, it shall be signed by the person who made it, and it shall be examined, corrected, if necessary, and certified to be true copy by the copiest. If the copy was made by the copiest and the copiest is unable to certify, it shall be examined, corrected, if necessary and certified to be a true copy by some other person, selected by the Head of Office for that purpose.
12 · 27. Heading on Copies.- Every copy shall commence with a heading in the following form:-
12 · 28. Endorsement on a copy.- Every copy shall bear an endorsement showing the following particulars.-
12 · 29. A register of applications for copies disposed of .- A register of applications for copies disposed of shall be maintained in the prescribed Form. R.S. 12.7. All copies issued and all applications disposed of without issue of copies shall be entered in this register,
12 · 30. Order of priority amongst applications.- Orders made on urgent applications shall have priority over all orders made on ordinary applications. Orders made on applications shall have strict priority amongst themselves according to the date and serial number of the order. Any departure from this rule shall be at once reported to the Head Office with the reasons for such departure and fact of such departure shall be attested by the presiding officer's initials against the entry in register of applications for copies relating to the applications exceptionally treated.
12 · 31.Urgent copies.- Copy for which an order has been made on an urgent application shall be delivered as rule, not later than the working day next after the day on which the order was made.
12 · 32. Ordinary Copies.- A copy for which an order has been made on an ordinary application shall be delivered as a rule, not later than the working day, next after the day on which the order was made.
12 · 33. Date for delivery of a copy.- A definite date not ordinarily exceeding seven days ahead shall be fixed for the delivery of the copy and intimated to the applicant. The copy as far as possible, shall be delivered on the date so fixed. If for any reason, the copy is not ready for delivery on the date so fixed, the applicant shall be directed to attend on another date when the copy may be expected to be ready for delivery.
12 · 34. Delivery of a copy when ready.- When a copy is ready and the applicant or his authorized agent is present, the copy shall be given to him. If the applicant or his authorized agent is not present, a notice over the signature of the head of the office shall be affixed to the notice board notifying that the copy is ready for delivery. It from the date of the fixing of the notice, the applicant appears within two months, the copy shall be delivered to him. If the applicant does not appear within this period, the copy shall be destroyed under the order of the Head of the office and entry to that effect being made in the remarks column in the register of copying applications.
12 · 35. Copies Prohibited.- Except for special reasons to be noted by the Head of the Office upon the back of the application, no copy shall be granted (1) of official correspondence and reports and (2) of a document which is itself a copy and (3) Registration Certificate, Fitness Certificate, License for driving motor vehicle, Conductor License, any other License issued under the Central Motor Vehicles Rules, 1989 and these rules and Trade Certificates.
12 · 36. A copy of a copy may only be granted if the original document is not traceable,- A copy of a copy may only be granted if the original document is not traceable, or is not accessible to the applicant for the purpose of obtaining a copy. Each page of such copy shall bear in red ink, the remarks that it is a copy of a copy.
12 · 37. Difficulty to be referred to the Presiding Officer.- In case difficulty arises in complying with an order for a copy, the application and order together with an office report shall be forthwith laid before the Head of Office for orders.
12 · 38. Repeals and Savings.- (1) On commencement of these rules, the Rajasthan Motor Vehicles Rules, 1951, The Rajasthan licensing Agent engaged in the business of collecting, forwarding and distributing Goods carried by Public Carrier Rules,1977, Rajasthan State Road Transport Services (Development) Rules,1965, Rajasthan State Road Transport Corporation, Motor Vehicle Third Party Liability Insurance Funds Rules, 1967, The Rajasthan Motor Accidents Claims Tribunal Rules, 1964, in force in any part of the State immediately before the commencement of these rules shall stand repealed.
13 · 1 Driving license on smart card.- (1) Where the Licensing Authority has necessary apparatus for the issue of smart card type driving license, such driving license shall be issued on smart card in Form 7. In respect of renewal, addition of category, address change, issue of duplicate license and entry of driver's badge of all previously issued driving licenses in Form 6 and Form 7 (not on smart card), shall also be made only on smart card in Form 7.
13 · 2 Conductor's license on smart card.- (1) Where the Licensing Authority has necessary apparatus for the issue of smart card type conductor's license, such conductor's license shall be issued on smart card in Form R.S.13.1. In respect of renewal, address change, issue of duplicate licence and entry of conductor's badge of all previously issued conductor's licences in Form R.S.3.3 shall also be made only on smart card in Form R.S. 13.1
13 · 3. Registration certificate on smart card.- The certificate of registration for all categories of Motor Vehicles registered in Rajasthan shall be issued by Registering Authority in Form 23A from such date as notified by the State Government for this purpose under the rule 48 of the Central Motor Vehicle Rules, 1989. The certificate of registration for vehicles registered prior to the above notified date, shall be issued in Form 23A whenever such vehicles undertake applications in respect to renewal of registration, duplicate certificate of registration,transfer of ownership, change of residence, endorsement of termination of hire-purchase agreements, alteration in Motor Vehicles, issue or renewal of fitness certificate and duplicate fitness certificate,
13 · 4 Permit on Smart card.- All permits issued in the forms/formats prescribed in rule 5.9 and authorisations in respect to tourist permits and national permits except special permits granted under section 88 (8) of the Motor vehicles Act, 1988 shall be issued on smart card related to registration certificate (Form 23A). All applications relating to renewal, duplicate, replacement, counter-signature, curtailment or extension of the route, change in service, transfer of ownership and surrender, cancellation shall be made on smart card (Form 23A).
13 · 5. Issuance of hard copy (paper based document) with smart card.- Hard copy of complete document entered in the smart card shall be provided, if so required by the card holder, on payment of fee of rupees One Hundred."
1 · Ins. by Noti No. F7(4) Pari/Rules/Hq/ 92 dated 20-06-2005 (Pub. in Raj. Gaz. Ex-ord. Pt. 4(Ga)(I) dated 20-06-2005)