Page 73 - The Motor Vehicles Act, 1988

SECTION 71 THE MOTOR VEHICLES ACT, 1988 59

(2) Notwithstanding anything contained in sub-section (1), the State Government
may, by notification in the Official Gazette, direct that in the case of any vehicle or
vehicles proposed to be used in two or more regions lying in different States, the
application under that sub-section shall be made to the State Transport Authority of
the region in which the applicant resides or has his principal place of business.
70. Application for stage carriage permit
(1) An application for a permit in respect of a stage carriage (in this Chapter referred
to as a stage carriage permit) or as a reserve stage carriage shall, as far as may be,
contain the following particulars, namely—
(a) the route or routes or the area or areas to which the application relates;
(b) the type and seating capacity of each such vehicle;
(c) the minimum and maximum number of daily trips proposed to be provided
and the time-table of the normal trips.
Explanation: For the proposes of this section, section 72, section 80 and
section 102, “trip” means a single journey from one point to another, and
every return journey shall be deemed to be a separate trip;
(d) the number of vehicles intended to be kept in reserve to maintain the service
and to provide for special occasions;
(e) the arrangements intended to be made for the housing, maintenance and
repair of the vehicles, for the comfort and convenience of passengers and
for the storage and safe custody of luggage;
(f) such other matters as may be prescribed.
(2) An application referred to in sub-section (1) shall be accompanied by such
documents as may be prescribed.
COMMENTS
Even an existing operator has no right to claim that he shall be heard at the time of
consideration of application for the grant of permit.—V. Shyamala v. Kalawati AIR 1992 AP 298
When the R.T.A. is of the opinion that the conditions imposed in the permit are not sufficient
and if it wants to include further conditions enumerated under sub-s. (2) of s. 72, it can do so after
giving notice to the party.—Mohammed v. Regional Transport Authority 1993(2) ACC 322
71. Procedure of Regional Transport Authority in considering application for
stage carriage permit
(1) A Regional Transport Authority shall, while considering an application for a
stage carriage permit, have regard to the objects of this Act:
1 [xxx]
(2) A Regional Transport Authority shall refuse to grant a stage carriage permit if
it appears from any time-table furnished that the provisions of this Act relating to the
speed at which vehicles may be driven are likely to be contravened:
PROVIDED that before such refusal an opportunity shall be given to the applicant
to amend the time-table so as to conform to the said provisions.
(3)(a) The State Government shall, if so directed by the Central Government
having regard to the number of vehicles, road conditions and other relevant
matters, by notification in the Official Gazette, direct a State Transport
Authority and a Regional Transport Authority to limit the number of stage
1 Proviso omitted by Act 54 of 1994, w.e.f. 14-11-1994