The Motor Vehicles Act, 1988
66. Necessity for permits.
- No owner of a motor vehicle shall use or permit the use
of the vehicle as a transport vehicle in any public place whether or not such
vehicle Is actually carrying any passengers or goods save in accordance with
the conditions of a permit granted or countersigned by a Regional or State
Transport Authority or any prescribed authority authorising him the use of the
vehicle in that place in the manner in which the vehicle is being used:
Provided that a stage carriage permit shall, subject to any
conditions that may be specified in the permit, authorise the use of the
vehicle as a contract carriage:
Provided further that a stage carriage permit may, subject
to any conditions that may be specified in the permit, authorise the use of the
vehicle as a goods carriage either when carrying passengers or not:
Provided also that goods carriage permit shall, subject to
any conditions that may be specified in the permit, authorise the use of the
vehicle for the carriage of goods for or in connection with a trade or business
carried on by him.
- The holder of a goods carriage permit may use the vehicle,
for the drawing of any public or semi-trailer not owned by him, subject to such
conditions as may be prescribed.
- The provisions of sub-section (1) shall not apply--
- To any transport vehicle owned by the Central Government or a
State Government and used for Government purposes unconnected with any
commercial enterprise;
- To any transport vehicle owned by a local authority or by a
person acting under contract with a local authority and used solely for road
cleansing, road watering or conservancy purposes;
- To any transport vehicle used solely for police, fire brigade
or ambulance purposes;
- To any transport vehicle used solely for the conveyance of
corpses and the mourners accompanying the corpses;
- To any transport vehicle used for towing a disabled vehicle
or for removing goods from a disabled vehicle to a place of safety;
- to any transport vehicle used for any
other public purpose as may be prescribed by the State
Government in this behalf;
- to any transport vehicle used by a person who
manufactures or deals in motor vehicles or builds bodies for attachment to
chassis, solely for such purposes and in accordance with such conditions as the
Central Government may, by notification in the Offical Gazette, specify
in this behalf;
- to any transport vehicle owned by, and used solely
for the purposes of, any educational institution which is recognised by the
Central or State Government or whose managing committee is a society
registered under the Societies Registration Act, 1860 (21 of 1860.) or under
any law corresponding to that Act in force in any part of India;
- to any goods vehicle, the gross vehicle weight of which
does not exceed 3,000 kilograms;
- subject to such conditions as the Central
Government may, by notification in the Official Gazette,
specify, to any transport vehicle purchased in one State
and proceeding to a place, situated in that State or
in any other State, without carrying any passenger or goods;
- To any transport vehicle which has been temporarily
registered under section 43 while proceeding empty to any place for the purpose
of registration of the vehicle;
- To any transport vehicle used for such purposes (other than
plying for hire or reward) as the Central Government may, by notification in the
Official Gazette, specify;
- to any transport vehicle which,
owing to flood, earthquake or any other natural calamity,
obstruction on road, or unforeseen circumstances is required to be
diverted through any other route, whether within or outside the State,
with a view to enabling it to reach its destination;
- to any transport vehicle used for such purposes as the
Central or State Government may, by order, specify;
- to any transport vehicle which is subject
to a hire-purchase, lease or hypothecation agreement and which owing to the
default of the owner has been taken possession of by or on behalf of, the
person with whom the owner has entered
into such agreement, to enable such motor vehicle to reach its
destination; or
- To any transport vehicle while proceeding empty to any place
for purpose of repair.
- Subject to the provisions of sub-section (3), sub-section (1)
shall if the State Government by rule made under section 96 so prescribes, apply
to any motor vehicle adapted to carry more than nine persons excluding the
driver.