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;
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