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far TTJ9A Andaman And Nicobar Gazette 3HRU EXTRAORDINARY Mfuq 7 santrrimt Published by Authority 7 79 , 7e 3, tneak,18 39d, 2006 No_79,Port

rules · 1988 · State unknown

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

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30E4T7 74 far TTJ9A Andaman And Nicobar Gazette 3HRU EXTRAORDINARY Mfuq 7 santrrimt Published by Authority 7 79 , 7e 3, tneak,18 39d, 2006 No_79,Port Blair_Tuesday__April 18,2006 3UGH0 74 Arlar YIT ANDAMAN AND NICOBAR ADMINISTRATION HfadrT SECRETARIAT NOTIFICATION Port Blair; dated the 18* April; 2008 38, No;,76/2008/F , No 32-53/RULESI2OO1-TR _ 65, 95,,96,507 '1082.38 176 and 211 read with sub-secton In exercise of the powers conferred by Sections 28, 1988 (Act No. 59 of 1988), the Lieutenant (41) of Section 2 of the Motor Vehicles Act; pakes the following ruies) after Letearnt Goregnoeen dorevioustoruhndamai and Nicobar slandscitereby Extraordinary Gazette Nes #9@ datedsa8, €0 2ngvibeeAdririorationublohed imthe Andaman ands Nicobav having RULESIZOOi-TR dated 18.10.2004, as required Administration's Notification No 182/2004/F.No.3253/ by sub-section (1) 0f Section 212 0f the said Act; namely: CHAPTER Preliminary 1. Short title_extent and commencement: These Rules may They be called the Andaman and Nicobar Islands Motor Vehicles extend to the whole of Andaman and Nicobar Islands Rules, 2006. They Nicobar Gazette. 3haigzerree into force on the date of publication of this Notification in the Andaman and 2 Definitions: In these Rules, unless the context otherwise requires: a) "Act" means the Motor Vehicles Act; 1988. b) 'theacoof Inspection" means a team comprising Inspectors of Motor the Commissioner t0 inspect the MotompehicieslareGtoue gelelotnr eticcareappointeddby the provisions Of the Act and Rules framed thereunder; certificates, etc. under C) "Claims Tribunal" means a Motor Accident Claims Teribunal of the Act. constituted under Chapter XII d) "Cicobais sionnistreans the; Commissioner-cum-Secretary or Secretary of 'Nicobar Administration in-charge of Transport Depa

Rule TOC

3 · Licensing authority and jurisdiction: a) The_Licensing_Authority: - For the purpose of grant of a license under this Chapter, licensing authority shall be the officer appointed/empowered as such by the Commissioner. b) Superintendence of_Control: - Subject to the general control &d superintendence of the UT Administration, the Control over the person appointed as licensing Authority shall vest in the Commissioner; c) Jurisdiction: A licensing Authority shall have jurisdiction over the area as specified by the Commissioner; d) Communicationz: The Licensing Authority shall communicate the particulars of a adverse entry received from any other agency Icourt to all the Zones of the Transport Department for their records; e) Eunctions:: 'The functions of the licensing authority shall be to deal with the issue of driving licenses, conductors license , under the Act ad ay other functions as assigned by the Commissioner; 4 Conduct and Hearing of Appeal: a) Appellate Authorityz The authority empowered under the Act and this Rule to hear an appeal against the decision of the licensing authority shall be the Commissioner; b) Conduct of_hearngof_appeals: An appeal shall be preferred in duplicate in the fomm of a memorandum, one copy of which shall bear a fee of Rs. 25/- setting forth the grounds of objection to the order 0f the licensing authority and shall be accompanied by a certified copy of that order; c) When an appeal is lodged, a notice shall be issued to the authority against whose order the appeal is preferred in such forms as the appellate authority may direct; d) The appellate authority after giving an opportunity to the parties to be heard and after such further enquiry, if any, as it may seem necessary, may confim, vary or set aside the order from which the appeal is preferred and shall make a order accordingly; e Any person preferring an appeal under the provisions of the Act and of this Rule shall be entitled to obtain the copy of document filed with the licensing authority on payment of a fee at the rate of Rs: 5 per page; f The appellate authority may make such orders for the refund of the fee as it may consider just and proper. 5_ Issue_of Duplicate LicensesIBadges? a) If at any time a license or a badge is lost by the holder thereof or it is destroyed;, the holder shall forthwth intimate the facts in writing in Fomm LLD in case of driving license badge ad in Fom LConA in case of Conductors license badge, as the case may be, to the licensing authority; b) Upon receipt of the intimation as aforesaid, the licensing authority shall;, if he is not the authority by whom the license was issued, apply to that authority for the particulars %f the license and of any endorsements thereon, and after making such enquiries as he thinks fit shall if he is satisfied that a duplicate may properly be issued, issue a duplicate licenselbadge; c) When a photograph is affixed in case of a conductor to a duplicate license issued under the provisions 0f the Rules, the holder of the licence should furnish the Licensing Authority with two clear copies of a recent photograph of himself one of which shall be affixed to the duplicate certificates;' d) The fee for a duplicate license issued under this rule shall be Rs; 1O0/- only in the case of a driving license in Fom 7 and Rs. 150/- only in case of a conductors license in from LCOM provided that if the licenselbadge is lost while in the custody of a court or a authority to which it has been submitted or surrendered in pursuance of the provisions of the Act or these Rules the duplicate shall be issued free of charge; e) When a duplicate license or badge has been issued upon representation that a license has been lost and the original license or is afterwards found by the holder he shall deliver it forthwith to the licensing authority; Any other person finding driverslconductors license or badge, as the case may be, shall deliver it to the holder of the license or to the nearest police station; g) For the replacement of a photograph; which has become obsolete, the same procedure shall be adopted as prescribed for the issue of a duplicate driving license
39 · Communication_of_the Particulars_of_Vehicles_Entering_the_UT_from_outside: When any motor vehicle which is not registered in the UT has been kept in the UT for a period exceeding 14 days, the owner or the other person in charge of the vehicle shall send intimation to the Registering Authority, and shall intimate: a) his name and pemmanent address, and his address for the time being; b) the registration mark of the vehicle; the mark and description of the vehicle; and 9) in case of a transport vehicle the date on which the permit has been issued or countersigned within the UT . 40. Amount to_be_paid for the_period of delay: The amount to be paid for the period of delay as iaid down under sub-section (7) of Section 47 or sub-section (4) of Section 49 or sub-section (5) of Section 50 of the Act shall be rupees ten per month or a part of the month subject to maximum of rupees one hundred only. 41. Extension of validity of certificate of _fitness pending consideration: (1) Pending consideration of an application for the renewal certificate or pending carrying out of repairs to the vehicle, the Board of Inspection shall note the condition on the Fomm CEX under which it shall be permissible for the vehicle to be used pending the grant of renewal of the certificate. These conditions shall in no case permit the use of the vehicle for the conveyance of passengers for hire or reward or for the carriage of goods other than the goods carried in connection with the repairing of the vehicle. (2) If the Board of Inspection defers his decision under sub-rule (1) above and supplies the owner of the vehicle or his agent with the list of defects in Form C F X and if thereafter the vehicle is not produced before the same Board of Inspection for further examination within a period of two months (or such longer period as may have been specified by the Board of Inspection in the Fom CFX), the certificate of fitness, if it is not already expired, shall be deemed to be cancelled with effect from the date when it was suspended.
57 · . SpeciaLmarks to beexhibited on stage cariage_when in useasa contract cauage: (1) No Stage camage or vehicle fomming part of the service of stage cariage shall be used as contract carriage unless a board is affixed on each side of the vehicle showing that it is for the time being in use 2s such and not as the stage cariage; (2)' The board required by the preceding sub-rule shall exhibit the words "On Contract" in red letters on a white ground, the letters being of a size not less than that the prescribed for the numerals of a registration marks and shall be affixed in prominent and unobscured position at or near roof level; (3) The board required by sub-rule (1) shall be affixed before the commencement of any trip for which the vehicle is being needed as a contract carriage ad shall be kept throughout the whole trip; and any board or mark indicating the rute or routes on which the vehicles is operated at other times shall be removed or covered up throughout the trip: 58. Route plan and_fare _table: Every stage carriage which has been allotted specified route shall carry route plan duly attested by the Secretary, State Transport Authority showing the place of origin termination via and detailed route it has to follow. The detailed route plans shall be exhibited inside the vehicle also giving the road map it shall follow unless specifically prohibited by the Traffic Police at the time of emergency: A fare table giving details of fare from one stage to another duly attested by the Secretary, State Transport Authority shall: also be displayed permanently inside stage carriage. 59. Eees_to_bepaid in respect ofpermits: (1) The following fees shall be payable for the issue and the renewal of the permit and for the countersignature of permits under the Act; Type Of vehicle Fee payable (a) For issue or renewal of permit valid for five Rs: 2,5007- years_in case of @ Heavy Motor_Vehicle (Rupees_two_thousand five_hundred only) (b) For issue or renewal of pemit valid for 5 years Rs. 1,5007- in case of vehicle other than HMV (Rupees one thousand five_hundred only) (2) In the case of reserve of stage carriages the fees payable shall be calculated on the maximum number of vehicles, which the permit holder is authorized to have in operation at any time: (3) The fees shall be paid in advance: 4) If any fee is not paid by the due date; the permit or the countersignature (as the case may be) shall forthwith cease to be valid. (5) In case the State Transport Authority extends the effects of a permit t0 ay other area Or route, a supplementary fee shall be payable at the same rate as if the pemit has been countersigned for the second region; (6) For a temporary permit granted under Section 43 of the Act; a fee of Rs. 20/- per = day shall be payable: The fee for a temporary pemit issued or renewed for the period of four months at the time shall be Rupees Five Hundred only; (8) The fee payable for issue of a duplicate permit or part thereof shall be Rupees One Hundred only: 60. Exemption from payment of fees: (1) No fee shall be payable for the permit issued to a foreign Embassy in India. (2) The Commissioner may, by order in writing; exempt any person from the payment of the prescribed fee in this chapter. 61. Custody__production and_cancellation_of_permits: Permit shall be produced on demand made at any reasonable time by a person authorized by the Chairman Or the Secretary, State Transport Authority or any Police Officer not below the rank of Assistant Sub-Inspector; (2) Any Police Officer or officer of the Transport Department in unifom may mount any transport vehicle for the purpose of inspecting the pemit (8) The holder of the permit may at any time surrender it t0 the State Transport Authority and the said Authority shall forthwith cancel any permit s0 surrendered. (4) When the State Transport Authority suspends or cancels any pemit: the holder shall surrender permit within seven days of the receipt of a demand in writing by the State Transport Authority; the State Transport Authority shall send intimation to any other authority by which the permit has been countersigned. 62. Validity_of the_permit issued bY_gther_Region (1) There shall be no Regional Transport Authority for the Union Tertory of A & N Islands_ There shall be only one State Transport Authority for the whole of Union Territory of A&N Islands;
5 · Every public service vehicle shall at all times be furnished with an efficient jack ad otl tools necessary to change the weel or rim or tyre and with the equipment necessary t0 rep the puncture, including the followings, namely: Spanners to fit every nut of the vehicle; One screw driver; One pair of pliers; One hammer; Two tyre levers; vi) Tyre repair outfit; (vii) Tyre pump; (viii) Wheel jack; (ix) One spare headlight bulb and one spare rear lamp bulb; (x) A supply of spare fuses: 68. Number_ofpassengers_to be carried in 2 stage Or contract cariage: (1) Save with the spec permission of the State Transport Authority , no pemission or countersignature on a permit st authorize of conveyance of more than a number of passengers as authorized in the registrat certificate in any stage carriage or contract carriage; (2) Notwithstanding with the provisions contained in the sub-rule (1), vehicle of the St= Transport Service may carry standing passengers upto the prescribed limits by the St Transport Authority; (3) Notwithstanding anything contained in these rules, no public service vehicles other thar motor car shall be registered for a number of passengers in excess of the numbers contair by subtracting 120 Kilograms from the difference in Kilograms between the registered Iad and unladen weight of the vehicle and dividing the resulting figure by 70 in case of a sin decked vehicle ad 60 in case of double decked vehicle, or such number of passengers when the vehicle is loaded in the nomal manner, the axle weight of any axle will exceed registered axle weight for that axle_ 67 . Carriage of_children and infants _in a public service vehicle: In relation to the number of persons permitted to be carried in a public service vehicle: a child of not more than twelve years of age reckoned as a half , and a child of not more than three years of age shall not be reckoned. 68. Carriage_of goodsin stage and contract carrage: (1) No goods shall be carried on the top the deck 0f the double-decked stage caniage. (2) No goods liable to foul the interior of the vehicle or render it in sanitary shall be caried at time in any stage carriage or contract caririage. (3) The State Transport Authority may specify in any perit the goods, which shall not be car in any stage carriage or a contract carriage or the conditions subject to which certain class of goods may be s0 carried. (4) Subject to the provisions of the preceding sub-rules, goods may be carried in the stz carriage or contract carrage at any time in accordance with the conditions specified in permit; provided that the obligation of the holder to carry passengers in accordance with tems of the permit is discharged. (5) If the holder of the stage carriage permit uses a vehicle authorized by the perit for carriage of the goods for the detriment of the public convenience by failing thereby to m demand for passengers transport; the State Transport Authority may after giving the holder opportunity of being heard, declare that the breach of conditions of the permit has occUN and may thereafter proceed under the provisions of the Act: (6) When goods are carried in a stage carriage in addition to passengers the goods shall be such a nature and shall be so packed and secured on the vehicle that no dang inconvenience or discomfort is caused to any passenger: Such number of seats as may specified in the permit shall be kept free ad unimpeded for the use of passengers and access to the entrance and exit from the vehicle required under the rule shall unobstructed: The weight in kilograms of goods (other than the luggage and personal effects allowed un sub-rule (8) of this rule) carried in a stage carriage or motor cab shall not exceed (N-X) the letters in the formula signifying, N-the maximum numbers of passengers for which vehicle might be registered under these rules; X-the number of passengers carried on vehicle or the number of passengers for whom the seats are kept free and unimpeded goods whichever is greater: (8) Except as permitted by sub-rule (7) of this rule not more than 14 kilograms of luggage personal effects for each passenger shall be carried in each stage carriage
far TTJ9A Andaman And Nicobar Gazette 3HRU EXTRAORDINARY Mfuq 7 santrrimt Published by Authority 7 79 , 7e 3,… — The Motor Vehicles Act, 1988 (1988) — Roop's Law Assist Statutes