Page 910 - The Central Motor Vehicles Rules, 1989
P. 910
882 MOTOR VEHICLE AGGREGATOR GUIDELINES, 2020
15. Aggregation of non-transport vehicles by Aggregators
(l) In furtherance of the Central and State Government’s objective of reduction
in traffic congestion and automobile pollution, and effective asset utilizations,
non-transport vehicle pooling may be provided by Aggregator unless prohibited
by the State Government. Rationale for such prohibition shall be specified in
writing and accessible on the transport portal of the State Government.
(2) ln addition to the compliances mentioned above in these guidelines, as
may be applicable, the following shall be complied with by the Aggregator seeking
to aggregate non-transport vehicles:
(a) A maximum of four ride-sharing intra-city trips on a calendar day
and a maximum of 2 ride-sharing inter-city trips per week shall be
permitted for each vehicle with the driver, integrated with the
Aggregator.
(b) The vehicle integrated under this Clause 15 shall obtain an insurance
of at least Rs. 5 lakhs for the ride-sharers in the vehicle, other than
the owner or driver integrated with the Aggregator.
16. Suspension of Aggregator License
(1) Suo moto or on a complaint made to the Competent Authority, subsequent
to providing the Aggregator with an opportunity of being heard within fifteen
(15) days from date of such complaint or Suo moto action, suspend the license for
a period, by way of a reasoned order in writing, which shall not be less than 10
days and which shall not exceed 6 months at a time (“Suspension Order”) if,—
(a) there exists a systemic failure by the Aggregator to ensure safety of
the Rider and/or the Driver and the same may be evidenced by an
analysis of quarterly Ratings with regard to the relevant parameter;
(b) there exists repetitive instances of financiaI inconsistencies with
regard to the fares charged to Riders, unjustified imposition of Surge
pricing, non-compliance with the proportionate division of fares
between the Drivers and the Aggregator, unsubstantiated imposition
of charges on the Drivers, all of which may be determined by Ratings
and/or examination of the financial records pertaining to the
Aggregator’s operations, in compliance with powers granted to the
State Government under Clause 18(1);
(c) the Aggregator fails to comply with the contractual obligations
towards the Drivers;
(d) the Aggregator fails to comply with any of the requirements or
conditions of these Guidelines amounting to minor, moderate or gross
offences, as may be determined by the State Government. The
following parameters may be considered by the State Government
while categorising the offences of non-compliance with these
Guidelines:
(e) effect on health and safety of Riders and/or Drivers which may have
been averted by complying with these Guidelines;