Kerala Motor Vehicles Rules, 1989
(1) The owner of the motor vehicle, the insurer and the driver may, and if so required by the Claims Tribunal shall, at or before the first hearing or within such further time as the Claims Tribunal may allow, file a written statement dealing with the claims raised in the application, and any such written statement shall form part of the records. Section Rule 378 of the Kerala Motor Vehicles Rules, 1989 pertains to the appearance, examination, and procedural aspects related to parties involved in proceedings before the Transport Authorities. It establishes the framework for ensuring fair hearings, proper examination of witnesses, and the orderly conduct of cases related to motor vehicle regulation, including licensing, registration, and enforcement actions. Rule 378 mandates that parties involved in proceedings before the licensing or registering authorities must be given notice and an opportunity to be heard. It prescribes the manner of appearance, examination of witnesses, and the procedure for recording statements. It also provides for the examination of the owner of the vehicle, driver, or any other person involved, and specifies that the proceedings should be conducted in a manner that ensures fairness and transparency. Rule 378 applies to all proceedings before the Transport Authorities under the Kerala Motor Vehicles Rules, 1989, including licensing, registration, permit issuance, renewal, and enforcement actions. It ensures procedural fairness and safeguards the rights of the licensees, vehicle owners, drivers, and other stakeholders involved in motor vehicle regulation. Since Rule 378 itself prescribes procedural norms, violations such as denying parties their right to be heard or conducting proceedings in a biased manner can lead to administrative or judicial review. Non-compliance can result in the quashing of orders, procedural nullity, or even disciplinary action against officials for breach of principles of natural justice. However, Rule 378 does not specify criminal or penal sanctions; rather, its breach affects the legality of the proceedings. In summary, Section Rule 378 of the Kerala Motor Vehicles Rules, 1989, is a vital procedural safeguard that ensures fairness, transparency, and legality in all proceedings before the Transport Authorities. Breach of its provisions can lead to the nullification of orders and safeguards the rights of all stakeholders involved in motor vehicle regulation.
(2) No pleading subsequent to the written statement filed under sub-rule (1) shall be presented except by the leave of the Claims Tribunal and upon such terms as the Claims Tribunal thinks fit, but the Claims Tribunal may at any time require a written statement or additional statement from any of the parties and fix a time for presenting the same.
(3) If the owner or the insurer or the driver contests the claim, the Claims Tribunal may, and if no written statement has been filed it shall, proceed to examine the owner, the insurer and the driver upon the claim and shall reduce the substance of the examination to writing.Legal Commentary on Kerala Motor Vehicles Rules, 1989 - Section Rule 378
Introduction
What does Section Rule 378 Say?
Essential Ingredients
Scope of Section Rule 378
Punishment for Section Rule 378
Legal Comments
Upon receipt of intimation under Rule 175, the Transport Authority shall, after making such enquiries as the authority deems fit and after the changed address is recorded in the certificate of registration, enter in the permit the new address and shall intimate the particulars to the Authority of any region in which the permit is valid by virtue of endorsement or extension of validity of the permit.
(1) Report regarding.-- Further to the provisions of sub-section (4) of Section 52 of the Act, the owner of a Transport vehicle shall, at the same time as the report required therein is made to the Registering Authority, forward a copy thereof to the Transport Authority by which the permit relating to the vehicle was granted.
(2) Variation or invalidation of permit.-- Upon receipt of a report under sub-rule (1), the Transport Authority by which the permit was issued, may, if the alteration is such as to contravene any of the provisions of the conditions of the permit--
(a) vary the permit accordingly; or
(b) require the permit holder to produce a substitute vehicle within such period as the authority may specify, and if the holder fails to comply with such requirement, cancel or suspend the permit.
(1) When the holder of a permit desires to transfer the permit to some other person under sub-section (1) of Section 82 of the Act he shall, together with the person to whom he desires to make the transfer, make a joint application in writing to the Transport Authority by which the permit was issued setting forth the reasons for the proposed transfer. The fee for transfer of permit shall be the same as prescribed for the grant or renewal of permits under Rule 164.
(2) On receipt of an application under sub-rule (1) the Transport Authority may require the holder of the permit and the other party to state in writing whether any premium, payment or other consideration arising out of the transfer is to pass or has passed between them and the nature and amount of any such premium, payment or other consideration.
(3) Without prejudice to any other penalty to which the parties may be liable, any transfer of a permit ordered upon an application which to Transport Authority is
(1) Every application for variation of conditions of permit made under sub-section (3) of Section 80 of the Act or otherwise shall be in Form "P.V.A.".
(2) Upon receipt of an application made by the holder of the permit to vary any one or more of the conditions thereof other than those referred to in sub-section (3) of Section 80 of the Act, the Transport Authority which granted the permit may allow the application or for reasons to be recorded in writing disallow the same:
Provided that if the grant of variation would authorise transport facilities materially different from those authorised by the original permit, the Transport Authority shall dispose of the application only after giving the interested persons, if any, an opportunity of being heard.
Explanation.-- For the purpose of this rule, variation of Transport facilities not exceeding 25 per cent of the Gross Vehicle weight or seating capacity in respect of goods carriages and stage carriages
The fee for the variation of permit otherwise than by change of timings and for variation of extension of endorsement of validity of a permit otherwise than by change of timings in respect of vehicles having primary permits in other States, for the unexpired period shall be the fee for the grant of permit.
If a person holds stage carriage permits for two or more routes the Regional or State Transport Authority may, in exceptional circumstances, permit him to use a vehicle in respect of which he holds a valid stage carriage permit on any of such routes, provided that the vehicle shall be used only for the provision of such transport facilities as the owner is authorised to provide in accordance with the terms of the permit which he holds.
It shall be a condition of every stage carriage permit that an operator having seven or more route buses in operation (including stage carriages operating on temporary permits) shall maintain reserve buses calculated at the rate of one reserve bus for every complete unit of seven route buses:
Provided that such operator may at his discretion maintain an additional reserve bus for the residuary fraction in excess of the complete units of seven route buses:
Provided further that an operator of stage carriage having less than seven route buses in operation (including stage carriages operating on temporary permits) may in his discretion maintain one reserve bus.
Explanation.-- Reserve buses are stage carriages permitted mainly to operate substitute services in place of route buses when such route buses are not used for operating the schedule service.
(1) The holder of a permit may at any time surrender it to any Transport Authority and thereupon the permit shall be deemed to have been cancelled with effect from the date of such surrender.
(2) Where the Transport authority to which the permit has been surrendered for cancellation is not the authority which issued the permit, such authority shall forthwith forward the permit to the Transport Authority which issued the permit.
Within fourteen days of expiry of any permit by efflux of time, the holder shall deliver the permit to the Transport Authority by which it was issued and the Transport Authority receiving such permits shall intimate the fact to the Authority or Authorities by which it was endorsed or extended if such endorsement or extension was in force on the date of the expiry of the permit.
The State or Regional Transport Authority may suspend or cancel the permit of any vehicle. When the State or Regional Transport Authority suspends or cancels a permit--
(a) the holder shall surrender the permit or the temporary permit, as the case may be, within seven days of the receipt of a demand in writing by the Transport Authority concerned or any Authority authorised by the Transport Authority;
(b) the holder of the permit shall, if so required by the Regional Transport Authority, intimate to it within 24 hours of the receipt of the order of suspension the place where the vehicle in respect of which the order is passed will be kept during the period of suspension and shall not remove the vehicle from the place so intimated without the prior sanction of the Regional Transport Authority;
(c) the Transport Authority or any authority authorised by the Transport Authority in this behalf shall record in the permit or on the temp
(a) The Transport Authority while passing an order of cancellation or suspension of a permit under clause (a) or clause (b) or clause (c) of sub-section (1) of Section 86 of the Act shall specify--
(i) the sum of money payable by the permit holder in case he agrees for the composition;
(ii) the date by which the permit holder should intimate acceptance of composition;
(iii) the date by which the composition fee should be remitted and the chalan produced; and
(iv) the date from which the suspension or cancellation will take effect in case the composition fee is not paid within the date specified under clause (iii).
(b) The Transport Authority shall, in determining the sum of money to be recovered in lieu of cancellation or suspension of different classes of permit have regard to the following, namely:--
(i) nature, gravity and frequency of the brea
(1) A Transport Authority varying, transferring, suspending or cancelling a permit or allowing another vehicle to be substituted for a vehicle covered by a permit shall intimate the particulars thereof within fifteen days of such variation, transfer, suspension, cancellation or substitution, as the case may be, to the Transport Authority which has countersigned the permit.
(2) The Transport Authority, which has countersigned the permit shall, on receipt of the intimation referred to in Sub-rule (1) above, and on receipt of application with the fee prescribed if any, from the holder of the permit, wherever necessary make appropriate entries in its own records and in the countersignature portion of the permit, but without repeating the procedural formalities already followed under Rules 174, 178 or 179 of these rules, as the case may be, by the Transport Authority which issued the permit.
The State or Regional Transport Authority may require any person employing drivers of transport vehicles to make such time-table, schedule or regulation as may be necessary to fix in advance the hours of work of persons employed by him and upon approval by such Authority of any time-table, schedule or regulation, as aforesaid, it shall be the record of the hours of work fixed for the persons concerned for the purpose of sub-sections (3) and (4) of Section 91 of the Act.
(1) Any time spent by the driver of a vehicle on work other than driving, in connection with the vehicle, or with the load carried or to be carried on the vehicle, including any time spent on the vehicle during a journey save as a passenger in a public service vehicle, shall not be deemed to be an interval of rest for the purposes of clause (a) of sub-section (1) of Section 91 of the Act.
(2) Any time, spent by the driver of a vehicle on or near the vehicle, when it is at rest, when he is at liberty to leave the vehicle for rest and refreshment although required to remain within sight of the vehicle shall be deemed to be an interval of rest for the purposes of clause (a) of sub-section (1) of Section 91 of the Act.
No person shall sit nor shall any goods be placed on the right side of the driver of a transport vehicle fitted with right-hand steering control and on the left side of the driver of a transport vehicle fitted with left-hand steering control.
35[(1) No advertising device, figure or writing shall be exhibited on any transport vehicle, save as may be specified by the State or Regional Transport Authority by general or specific order and on payment of fee of 35C[Rs.5] per 100 centimetre square for an advertisement in writing and 35D[Rs.10] per 100 centimetre square for an electronic advertisement for a period of 35E[one month] or part thereof for each vehicle:]
Provided that in respect of vehicles of the State Transport Undertaking the Government may allow such advertisements subject to the conditions that they may lay down from time to time in this regard.
35A[Provided further that the maximum period for exhibiting advertisement at a time shall be one year and can be renewed for subsequent years or part thereof.]
35B[x x x x]
35A[(2) The matter of each advertisement intended to be exhibited on the vehicle shall be
(1) The owner or operator of any stage carriage may install a Passenger Information System inside the passenger compartment of such vehicle subject to the conditions specified below, namely:--
(i) It shall be exhibited only in a digital screen of a size not exceeding 73 cms X 43cms;
(ii) The advertisements or awareness matters relating to road safety, messages of pandemic or epidemic diseases or such other messages of public interest as may be directed by the Government from time to time, shall be exhibited at such intervals among other information;
(iii) The audio, if permissible, shall not exceed 50 decibel;
(iv) The advertisement, if any, shall be legally permissible and it shall not be of a nature creating any communal, gender or lingual animosity among the people;
(v) The commercial advertisement, if any, shall not exceed 25 seconds in a minute;
(vi) The installation of the system shall not cause to d
(1) No public service vehicle shall be painted in the pattern adopted by the vehicles of the Kerala State Road Transport Corporation with the following combination of colours or with a colour which is the same as the colour with which vehicles regularly used for carrying Government mail by or under a contract with Indian Posts and Telegraphs Department are painted:--
(i) upto window--'Red' and 'Cream' on the top;
(ii) upto window top--'Green' and 'Cream' on the top;
(iii) (a) Limited Stop City Services--Upto window 'Cream' with Green border and 'Cream' on the top;
(b) Ordinary City Services--Upto window 'Cream' with Red border and 'Cream' on the top.
(2) A vehicle carrying Government mail may be painted with a specified colour and exhibited in a conspicuous place upon a plate or plain surface on the vehicle the word 'Mail' in red colour on a white ground, each letter being not less than fifteen centimet
The licensing authority shall, on application by a party, give a certified copy of any order passed under Rule 193 or 194 or of any other relevant document on payment of a fee of five rupees. The application shall be affixed with Court Fee Stamps of the value of rupees five for each such copy of the order or document.
(a) Any person aggrieved by an order made under sub-rules (8), (9) or (10) of Rule 193 or under clauses (k), (i) and (m) of sub-rule (7), sub-rule (9), clause (a) of sub-rule (10) clause (a) or clause (b) of sub-rule (12), sub-rule (13), or sub-rule (15) of Rule 194 or Rule 195 may appeal within 30 days from the date of receipt of such order to the State Transport Appellate Tribunal.
(b) The memorandum of appeal shall be filed as prescribed in Rule 6 of the State Transport Appellate Tribunal Rules, 1988.
(1) No animals shall be carried in Goods Vehicle unless,--
(a) in the case of horned or unhorned animals having body weight up to fifty kilogram minimum floor area of 0.28 square meter per head of such animal, and half of such floor space for young one of such animal is provided in the vehicle;
(b) in the case of horned or unhorned animals having body weight more than fifty kilogram but up to hundred kilogram, minimum floor area of 0.56 square meter per head of such animal and half of such floor space for young one of such animal is provided in the vehicle;
(c) in the case of unhorned animals having body weight more than hundred kilograms but up to two hundred kilograms, a minimum floor area of 0.62 square meter per head of such animal and half of such floor space for young one of such animals is provided in the vehicle;
(d) in the case of horned animals having body weight more than hundred kilograms but up to t
(1) No driver and no conductor of a public service vehicle shall cause or allow to enter into or to be placed or carried in the vehicle any person whom he knows or has reason to believe to be suffering from any infectious or contagious disease or the corpse of any person whom he knows or has reason to believe was suffering from any such disease.
(2) Notwithstanding the provisions of sub-rule (1), the driver and the conductor may, upon application in writing by a Registered Medical Practitioner allow any such corpse or person suffering from an infectious or contagious disease to be carried in a public service vehicle provided that no other person save a person or persons in charge of the corpse or in attendance of the sick person shall be carried in the vehicle at the same time.
(3) When any such corpse or sick person has been carried in a public service vehicle the driver and the conductor shall report the fact to the owner of the vehicle and neither the owner not the
No public service vehicle operating on a permit issued under Section 66 of the Act shall carry at any time persons, luggage or goods in excess of what is specified in the permit by the Transport Authority which granted the permit.
Every conductor of a public service vehicle or if there be no conductor, the driver thereof shall immediately after the completion of any trip or journey, as the case may be, carefully search for any property left in the vehicle and shall, as soon as may be, and in any case within twenty- four hours, if not sooner claimed by the owner, deliver such property to the nearest police station.
(1) When a Regional Transport Authority requires that a motor cab shall be fitted with a taxi-meter, the taxi-meter shall be of a pattern approved by the State Transport Authority and shall be fitted in conformity with any instructions that may be issued by the State Transport Authority in this regard.
(2) A permit holder required to fit a taxi-meter shall produce it fitted to the vehicle before the Inspecting Authority constituted under Chapter IV of the Act so that it may be tested and sealed, and shall produce it for examination subsequently whenever the vehicle to which it is attached is inspected or whenever for any reason it has become necessary to break the seal.
(3) No person shall drive or cause or permit to be driven any motor cab in the permit of which a condition is attached under clause (viii) of sub-section (2) of Section 74 of the Act if the taxi-meter is not fitted to the vehicle and sealed or if he knows or has reason to believe that it is not accurate
The driver of a motor cab shall in the absence of reasonable cause proceed to the destination named by the hirer by the shortest and quickest route.
The drivers at motor cab stands shall observe the following:--
(a) the drivers of the first two motor cabs at the stand shall stay beside their cabs and be ready to be hired at once by any person provided that a hirer wishing to hire any particular cab on the stand may do so,
(b) all motor cabs at the stand shall move up as vacancies occur,
(c) no motor cab engaged for some future time shall remain at the stand unless the driver is willing to accept any intermediate hiring that may be offered,
(d) no disabled motor cab shall remain at the stand unless such disablement is temporary, and can be and is remedied at once, and
(e) every motor cab other than a motor cab referred to in sub-rule (d) which is at the stand shall be ready to be hired and when its turn comes the driver shall accept the first offer of hire which may be made to him irrespective of the length of the journey for which such offer is made.
(1) In the absence of an enforceable contract to the contrary, no hirer shall refuse or omit to pay the legal fare for the hire of a motor cab, nor shall he refuse to give his correct name and address to the driver in the case of dispute in connection with the fare.
(1) No trailer other than the trailing half of an articulated vehicle shall be attached to public service vehicle.
(2) Nothing contained in sub-rule (1) shall be deemed to apply to a trailer on which a charcoal gas producer is mounted.
(3) No person other than the Attendant or Attendants required by rule shall be carried on a trailer:
Provided however that nothing contained in this sub-rule shall apply to a trailer which is being used for the carriage of troops or police.
(4) No trailer other than the trailing half of an articulated vehicle shall be attached to a goods carriage unless the permit of the goods carriage specifically permits the use of such trailer.
(5) Subject to the provisions of sub-rule (1) all the provisions of these rules relating to a goods carriage permit shall apply to any trailer used for the purposes of a goods carriage.
The State or Regional Transport Authority may, if no stopping place has been fixed for stage carriages in accordance with the provisions of any statute, fix such places for such carriages after consultation with such other authority as it may deem desirable. Such stopping places shall be indicated by means of notice boards. The driver of a stage carriage shall stop it at such stopping places when so required by any person wishing to alight or to enter but he need not stop the carriage for a person wishing to enter if the vehicle is already full. Halts for the purpose of setting down or taking up passengers shall be limited to the time reasonably necessary for such purpose. On routes along which stopping places have been fixed no driver of a stage carriage shall stop the vehicle at any place other than such stopping places except--
(a) when failure to stop the vehicle would constitute an offence punishable under these rules or under any law for the time being in force, o
In the case of public service vehicles (other than motor cabs) the State or Regional Transport Authority may, after consultation with such other authority as it may deem desirable, fix such places at the termini of the bus routes and in the course of the routes, as may be necessary, at which the vehicle may stop and wait for picking up or setting down passenger. Where a local authority has provided and maintains a public stand for motor vehicles with facilities for drinking water supply, lighting, latrine and waiting sheds for passengers and convenient parking places, the State or Regional Transport Authority may approve the use of that stand for the purpose of picking up or setting down passengers of public service vehicles (other than motor cabs) and thereafter every vehicle shall make use of that stand. The approval granted by a Transport Authority may be revoked by it, if the facilities provided at the stand cease to be to its satisfaction:
Provided that if bus stan
The State or Regional Transport Authority shall specify in the case of all stage carriage permits the exact place and point from which the daily service shall start and the exact place and point at which the service shall terminate in each trip.
Both termini of the route on which the stage carriage is plying shall be clearly stated in English and in Malayalam and also in such other minority language as may be specified by the Regional Transport Authority issuing the permit, on boards conspicuously placed 39A[at the top on all sides of the vehicle], specifically indicating the terminus to which the stage carriage is actually proceeding in each trip.
39B[Provided that Destination board provided in buses that are registered on or after the 1st day of October, 2017 shall be in accordance AIS 052 (Rev.1)-2008 as amended from time to time.]
The destination board shall be painted in letters not less than five centimetres high on a clear background. It shall be clearly visible and unobstructed and shall be illuminated by a white light from half an hour after sun set to half an hour before sun rise.
In the case of stage carriages the State or Regional Transport Authority shall after such enquiry as it may deem desirable, fix fare stages on all routes. The maximum distance of each such stage shall not ordinarily exceed six kilometres and five hundred metres. When stages are so fixed, fare shall be collected according to stages:
Provided that this rule shall not apply to vehicles of State Transport Undertaking.
Explanation.-- When a passenger gets into or gets down from a stage carriage at a place lying in between two stages, fare shall be collected from him from the stage preceding the place from where he gets into the bus to the stage succeeding the place where he gets down.
(1) The State or Regional Transport Authority may from time to time--
(a) by a general order prescribe a schedule of timings for stage carriages other than those belonging to State Transport Undertakings running on specified routes, or
(b) by a special order prescribe a schedule of timings for each stage carriage other than that belonging to State Transport Undertaking.
(2) The changes ordered by the Transport Authority in the timings of a service shall not be considered as variation of permit under sub-section (3) of Section 80 of the Act.
(3) The State Transport Authority or the Regional Transport authority may, by resolution, delegate to its Secretary the powers conferred on it under this rule subject to any conditions that it may prescribe:
Provided that the State or Regional Transport Authority shall not however vary the timings of a service without giving to the interested permit holders an opportunity to rep
When a schedule of timings has been prescribed under Rule 212 every stage carriage on such route shall run in accordance with it, except--
(a) when prevented by accident or other unavoidable cause, or
(b) when otherwise authorised in writing by the Authority granting the permit or the State Transport Authority.
When a permit holder has more than one vehicle plying exclusively on the same route, he may, notwithstanding that a schedule of timings has been fixed for each vehicle, use temporarily, and in any case for not more than ten days at any one time any one of the other vehicles to maintain all or any of the timings fixed for a particular vehicle on the route:
Provided that--
(a) intimation thereof is sent to the Authority which granted the permit and to the Authority, if any, which has endorsed or extended the permit, within seven days of such use, and
(b) the schedule of timings granted to the other vehicles of the permit holder on the route are not affected.
If at any time a stage carriage is prevented from running in accordance with the schedule prescribed or, where no schedule is prescribed, is prevented from performing the service for which a permit has been granted, the holder of the permit shall forthwith report the fact and reason therefor to the Authority which granted the permit and the Authority, if any, which has countersigned the permit:
Provided that no report need be sent when the difference between the time of actual arrival of a stage carriage plying on mofussil routes and the schedule time of its arrival is not more than five minutes in the case of routes less than sixteen kilometres in length and ten minutes in other cases.
The holder of the permit as well as any other person responsible shall be liable to be punished for a breach of Rule 213.
If the holder of a stage carriage permit proposes to withdraw before the expiry of the permit the services which the vehicle covered by the permit is providing, he shall, unless prevented by unavoidable circumstances, give at least one month's notice of his intention to the Transport Authority which issued the permit, and shall surrender the permit on the date from which the services are withdrawn. Upon receipt of the notice, the Transport Authority shall post a copy of the notice on the notice board of the Authority.
A Checking Inspector of a Stage Carriage, while on duty, shall be cleanly dressed and in the manner in which the Transport Commissioner may specify.
No stage carriage shall be used in any public place without a conductor.
Save when being used as a contract carriage, no corpse shall be carried in a stage carriage.
In computing the number of passengers that may be carried in a public service vehicle and the fares chargeable--
(a) a child of not more than twelve years of age shall be reckoned as one half; and
(b) a child of not more than three years of age shall not be reckoned.
The State or Regional Transport Authority may, by general order, direct that every stage carriage other than a stage carriage belonging to the State Transport Undertaking shall stop at such stations on its routes as the Transport Authority may prescribe, and thereupon the conductor of the vehicle shall correctly enter in the register in Form "TGR" kept in each such station the particulars specified therein.
A complaint book, the pages of which are serially numbered and sealed or signed by the permit holder, shall be kept in every stage carriage on service in a clean and tidy condition by the conductor and notice shall also be displayed in every such stage carriage that a complaint book is available with the conductor. The book shall be made available by the conductor on demand by any passenger for making any entry therein and conductor shall also afford reasonable facilities to the passenger for the purpose. A passenger making an entry in the complaint book shall note at the foot of his entry therein his full name, postal address and the details of the authorisation or ticket he holds for journey in the bus at the time and shall put his signature.
(2) The complaint book shall be produced by the conductor on demand by any authority empowered to inspect stage carriages.
(3) The permit holder of the stage carriage or any person authorised by him in this behalf shall, as soon
The Conductor, or where there is no conductor, the driver of every public service vehicle shall maintain trip sheets in duplicate in Form "TSS" and "TSC", as the case may be, in English or in Malayalam. The Form, "TSS" or "TSC" shall be maintained in bound books each containing not more than thirty-one serially numbered pages in duplicate so that each book may last for one full calendar month. The books shall also be serially numbered and shall be used only in the numerical serial order:
Provided that the Regional Transport Authority may exempt a City or Town bus service from maintaining trip sheets in the form aforesaid subject to the condition that a trip sheet containing the following particulars is maintained in a form approved by the State Transport Authority.
(a) the arrival and departure timings,
(b) the hours of duty of conductors and drivers,
(c) the number of passengers carried in each trip, and
(d) the name
(1) The trip sheet shall--
(a) be carried by the conductor, or in case there is no conductor, by the driver whenever the vehicle is in use,
(b) be duly filled in from time to time as occasion arises by the conductor, or, in case there is no conductor, by the driver, and
(c) be open to inspection by Magistrates, Secretaries to the Regional or State Transport Authorities, Officers of the Motor Vehicles Department not below the rank of Assistant Motor Vehicle Inspector, Police Officers in uniform not below the rank of Sub Inspector.
(2) Every book containing the trip sheets shall be delivered to the permit holder by the conductor or the driver, as the case may be, within seven days from the date of expiry of the period to which it relates. The permit holder shall preserve the book for a period of six months after the expiry of the period to which it relates and shall produce the same for inspection at any time within that per
(1) Every holder of a permit in respect of a public service vehicle shall maintain in English or Malayalam a trip register in Form "TR" in a bound book of which the pages are serially numbered. The trip register shall be posted daily from the trip sheets maintained under Rule 224 and be at all times open to inspection by Magistrates, Secretaries of Regional or State Transport Authorities, any officer of the Motor Vehicles Department not below the rank of Assistant Motor Vehicles Inspector, Police Officers in uniform not below the rank of Sub Inspector.
(2) Every owner of a public service vehicle shall maintain a register in Form "VIR" showing the particulars of persons employed in the vehicle from time to time including the persons engaged for short periods in the absence of regular employees. The register shall be at all times open to inspection by any authority or officer specified in sub-rule (1) above.
(3) The provisions contained in this rule and in Rules 224 and
Rules to be observed by.-- (1) When a public service vehicle is carrying passengers or waiting to pick up passengers, a passenger or intending passengers shall not--
(a) use obscene or offensive language or conduct himself in a riotous or disorderly manner;
(b) enter or alight from the vehicle otherwise than by doors or openings provided for the purpose;
(c) when entering or attempting to enter the vehicle wilfully and unreasonably impede passengers seeking to enter the vehicle or to alight therefrom;
(d) smoke inside the vehicle and also when the vehicle is being re-fueled.
(e) occupy more than one seat or without lawful excuse occupy any seat exclusively reserved for any one or reserved for ladies;
(f) enter or remain in or on the vehicle when requested not to do so by an authorised person for the reason that the vehicle is carrying its full complement of passengers o
The permit shall be produced on demand at any reasonable time by the Secretaries of the State or Regional Transport Authorities, Officers of the Motor Vehicles Department not below the rank of Assistant Motor Vehicles Inspector or Police Officers not below the rank of Sub Inspector:
Provided that if a permit is not at the time in possession of the person to whom demand is made, it shall be sufficient compliance with this rule if such person produces it within ten days at any police station in the State which he specifies to the officer.
Magistrates, Officers of the Motor Vehicles Department not below the rank of Assistant Motor Vehicles Inspector and Police Officers in uniform not below the rank of Sub Inspector may mount any transport vehicle for the purpose of inspecting the permit.
(1) Any of the following persons may at any time when a goods carriage is in a public place call upon the driver of the vehicle to stop the vehicle and to keep it at rest for such time as may be necessary to enable him to make reasonable examination of the contents of the vehicle:
(a) any officer of the Motor Vehicles Department not below the rank of Assistant Motor Vehicles Inspector,
(b) any Police Officer in uniform not below the rank of Sub Inspector,
(c) any Officer of the Central Excise Department in uniform, not below the rank of Inspector;
(d) any officer of the Central Narcotics Department of and above the rank of Sub Inspector authorised in this behalf and carrying on in his person, while on duty, identity card issued by the Narcotics Commissioner,
(e) the District Collector of the respective District, and
(f) any Minister of the Government.
(2) Any Cho
(1) Any of the following persons may, at any time when a public service vehicle is in a public place call upon the driver of the vehicle to stop the vehicle and keep it at rest for such time as may be necessary to enable him to make reasonable examination of the number of passengers and other contents of the vehicle so as to satisfy himself that the provisions of the Act and of these rules and the provisions and conditions of the permit in respect of the vehicle are being complied with.
(a) any officer of the Motor Vehicles Department not below the rank of Assistant Motor Vehicles Inspector,
(b) any Police Officer in uniform not below the rank of Sub Inspector,
(c) any Officer of the Central Narcotics Department of and above the rank of Sub Inspector authorised in this behalf and carrying on in his person, while on duty, identity card issued by the Narcotics Commissioner;
(d) The District Collector of the respec
The officers of the Motor Vehicles Department not below the rank of Assistant Motor Vehicles Inspector and Police Officers not below the rank of Sub Inspector shall have the right to enter and inspect any premises used by permit holders for the purpose of their business.
Any Court convicting the holder of a permit for an offence punishable under the Act or these Rules shall communicate particulars of such conviction in Form "PI" to the Authority which granted or last renewed the permit as the case may be and the authority, if any, which has endorsed or extended the validity of the permit.
(1) Every application for the grant of a permit under sub-section (9) of Section 88 of the Act in respect of a tourist vehicle shall be accompanied by a fee of 40[one thousand rupees] in the case of a tourist motor cab and 40[two thousand rupees] in the case of a tourist omni bus.
(2) On receipt of an application under sub-rule (1) the State Transport Authority shall follow the procedure prescribed for considering an application for the grant of contract carriage permits under the Act and the rules made thereunder and may grant the permit in Form "TVP".
(3) On receipt of the order sanctioning the permit, the grantee shall, within the prescribed period produce the current records of the vehicle including the certificate of registration, certificate of fitness, certificate of insurance, evidence for payment of tax due under the provisions of the relevant Taxation Act and a certificate from the Registering Authority concerned to the effect that the v
41[(1) Every application for the grant of a National Permit in respect of Goods Carriage shall be made to the Regional Transport Authority of the region in which the applicant resides or has his principal place of business, and shall be accompanied by a fee of one thousand and five hundred rupees.]
(2) On receipt of an application under sub-rule (1) the appropriate authority shall follow the same procedure prescribed for considering an application for the grant of a goods carriage permit under the Act and the rules made thereunder and may grant the permit in Form "N.P.Gd.C".
(3) On receipt of the order sanctioning the permit, the grantee shall within the prescribed period, produce the current records of the vehicle including the certificate of registration, certificate of fitness, certificate of insurance evidence of payment of tax due under the provisions of the relevant Taxation Act, a certificate from the Registering Authority concerned to the effect that
Every scheme proposed by the State Government regarding the operation of road transport services by the State Transport Undertaking under Section 99 of the Act shall be in Form "A" and shall be published in the Official Gazette and in not less than one daily newspaper in the regional language circulating in the area involved. A copy of each of every scheme as proposed to be published in the Gazette shall be forwarded to the State Transport Undertaking, to the Secretary of the State Transport Authority and the Regional Transport Authority concerned. Copies of the scheme shall, also be put up on the notice boards of the offices of the State Transport Undertaking, the State Transport Authority and the Regional Transport Authority concerned.
(1) Any person affected by the scheme published under Section 99 of the Act may within 30 days from the date of publication of the scheme in the Official Gazette file his objections thereto before the Secretary to Government, Public Works and Transport Department, Secretariate, Trivandrum and shall simultaneously forward a copy each of the objections to the State Transport Undertaking, the State Transport Authority and the Regional Transport Authority concerned furnishing the following particulars:--
(a) Name and address of the objector;
(b) Memorandum setting forth concisely the grounds of objection, signed by the objector or his authorised agent, and accompanied by six additional copies;
(c) Whether he is an operator along or near the area or route included in the scheme notified by the State Government;
(d) if reply to item (c) is in the affirmative, the following particulars shall be furnished:--
(i) Route wi
(a) The Chief Minister or any other Minister nominated by him or any officer nominated by the Government in this behalf, shall be the authority to consider the objections filed and hear the objectors.
(b) The representatives of the State Transport Undertaking and the objectors or their authorised representative, if they so desire, shall be heard. The place, date and time of hearing shall be communicated to the concerned persons at least fourteen days before the date of hearing.
Any scheme for road transport services as approved or modified under sub-section (2) of Section 100 of the Act shall be notified in Form "B" in the Official Gazette and in one daily newspaper in the same manner as provided in Rule 236.
(1) Every application for a permit by the State Transport Undertaking under Chapter VI of the Act, shall be in the following forms, namely:--
(a) in respect of a pucca permit--Form P.St.S.A. (STU)
(b) in respect of a temporary permit Form P.Tem.A. (STU).
(2) The fee for every stage carriage permit shall be the same as prescribed in Rule 165.
On receipt of an application for a permit under Rule 240, the Transport Authority shall issue the permit, on production of the records relating to the vehicle.
(a) The State or Regional Transport Authority concerned shall, before making an order either cancelling any existing permit under clause (b) or modifying the terms of any existing permit under clause (c) of sub-section (2) of Section 103 of the Act, for the purpose of giving effect to an approved scheme, issue notice in Form "C" informing the affected operators, of the action proposed to be taken and giving them time of not less than thirty days to make representations against the proposed action.
(b) Any person making the representation under clause (a) shall send his representation addressed to the Secretary of the Regional Transport Authority or the State Transport Authority, as the case may be, and simultaneously send a copy to the State Transport Undertaking.
(1) Every person making a representation under clause (a) of Rule 242 shall furnish his correct address along with his representation.
(2) No representation in pursuance of a notice under Rule 242 shall be considered by the State or the Regional Transport Authority, unless it is made in writing before the date specified and unless a copy thereof is furnished simultaneously to the State Transport Undertaking by the person making such representation.
Where a representation under Rule 242 is made, the State Transport Authority or the Regional Transport Authority, as the case may be, shall dispose of the representation at a public hearing at which the State Transport Undertaking and the person making the representation shall be given an opportunity of being heard in person or by a duly authorised representative.
Where in exercise of the powers conferred by clause (b) or (c) of sub-section (2) of Section 103 of the Act any existing permit is cancelled or the terms thereof are modified, the holder of the permit shall submit a statement in Form "D" with the original permits to the State Transport Undertaking and send a copy thereof to the State Transport Authority, or the Regional Transport Authority, as the case may be, within seven days from the date on which the cancellation or modification of the permit became effective.
(a) Any scheme by the State Government under sub-section (1) of Section 102 of the Act to modify an approved scheme shall be in Form "E" and shall be published in the Official Gazette and in not less than one daily newspaper in the regional language circulating in the area involved. A copy of this scheme shall be sent to the State Transport Undertaking and to any other person, who in the opinion of the State Government is likely to be affected by the proposed modification. Copy shall also be sent to the Secretary of the State Transport Authority and the Regional Transport Authority concerned.
(b) The State Transport Undertaking or the other person concerned may, within thirty days from the date of publication of the scheme in the Gazette, file objections thereto, before the Secretary to Government, Public Works and Transport Department, Government Secretariate, Trivandrum. The objection shall be in the form of a memorandum setting forth concisely the grounds of objection, and
Every order under this chapter, except an order made by the State Government either approving or modifying a scheme, shall be served--
(a) by tendering or delivering a copy thereof to the person on whom it is to be served or to his authorised agent; or
(b) by sending it by Registered Post Acknowledgement due, at the last known address of the person on whom it is to be served; or
(c) by fixing it on a conspicuous part of the premises where he last resided or where he had his last place of business, when service according to clause (a) or (b) is not practicable.
(1) Every article found in any transport vehicle operated by the State Transport Undertaking, which is not claimed by its owner, shall be handed over by the conductor concerned along with the ticket collections, to the cashier or other person of the District/Sub-District/Station, who receives the remittance of passenger ticket collections.
(2) The officer receiving the articles shall issue to the conductor a receipt in Kerala State Road Transport Corporation Form No. 17C for the article received.
(3) A "Register of unclaimed articles" shall be maintained in each District/Sub-District/Station in Form "G" appended to these rules, in which details of all unclaimed articles shall be entered simultaneously to the issue of the receipt to the conductor concerned. Particulars regarding disposal of the unclaimed articles shall also be entered into this register at the appropriate time.
(4) In the case of a perishable article, if the owner does not claim the article withi
The State Transport Authority and the Regional Transport Authority shall have the power,--
(a) to impose speed limits including the minimum speed;
(b) to impose limits on the laden weight or axle weight (or dimensions of other matters connected with the construction or design) of motor vehicles and to prohibit or restrict the use of motor vehicles generally or of a particular class or of trailers in a specified area or in respect of any road; and
(c) to designate any road as a main road:
Provided that the power conferred on the Regional Transport Authority by this rule shall be subject to the control of the State Transport Authority:
Provided further that any limit or restriction under clause (b) shall be imposed by the Regional Transport Authority only with the specific concurrence of the State Transport Authority, and if so required by Government or the State Transport Authority, after prior consultation with one or
(1) Restrictions of roads or areas regarding.-- Government or the State Transport Authority may in consultation with the Public Works Department and such other Local Authority as is deemed necessary, approve a list of roads or areas in the State fit for operation by heavy goods vehicles or heavy passenger motor vehicles.
(2) Issue of permits for.-- The State or any Regional Transport Authority shall not issue a permit for regular operation of any heavy goods vehicles or heavy passenger vehicles on any road or area, which is not included in the list referred to in sub-rule (1):
Provided that the above restriction shall not apply in the case of temporary permits issued by any Transport Authority for a limited number of trips on any road or area, not prohibited under Section 115 of the Act:
Provided further that temporary permits may be issued by any Transport Authority on any road or area prohibited under Section 115 of the Act on specifi
Movement of bullet trucks transporting bulk load Liquified Petroleum Gas shall be restricted during peak traffic hours from 8 a.m. to 11 a.m. and 4 p.m. to 6 p.m. in Corporation and Municipal limits:
Provided that the Regional Transport Authority of the region shall impose suitable local time restrictions for goods carriages transporting dangerous or hazardous goods according to local requirements for ensuring road safety, free flow of traffic and movement of vehicles.]
(1) A truck-trailer combination shall not be used--
(a) on ghat roads;
(b) on roads of less than six metres and seventy centimetres width generally, except for small stretches of road with not less than three metres and sixty- five centimetres carriages way and few narrow bridges.
(1) A tractor-semi-trailer combination shall not be used--
(a) on ghat roads where trucks are not permitted to ply;
(b) on roads with single lane carriage way of less than three metres and sixty-five centimetres width;
(c) on narrow roads of not less than three metres and sixty-five centimetres width unless equipped with turn table arrangement and the turning radius is not more than twenty-one metres and thirty-five centimetres.
The State or Regional Transport Authority shall be competent to prohibit or restrict the use of motor vehicles under the provisions of Section 115 of the Act provided that in the case of any prohibition or restriction deemed necessary solely due to the deteriorated condition of any road or bridge, any officer of the Public Works Department not below the rank of an Executive Engineer who is in charge of such road or bridge shall be competent to impose the prohibition or restriction.
Police officers in uniform not below the rank of Sub Inspector, officers of the Motor Vehicles Department not below the rank of Assistant Motor Vehicles Inspector are authorised to require the weighing of goods vehicles and trailers.
A weighing device for the purpose of Section 114 of the Act may be--
(a) a weigh bridge installed and maintained at any place by or under the orders of Government or a Local Authority; or
(b) a weigh bridge installed and maintained by any person and certified by the 72AA[legal metrology authorities] to be a weighing device for the purpose of the Act and these rules; or
(c) a portable wheel--weigher of any kind approved by Government:
Provided that when the weight or axle weight of a motor vehicle is determined by separate and independent determination of the weight transmitted by any wheel or wheels of the vehicle, the axle weight and the laden weight of the vehicle shall be deemed to be the sum of the weights transmitted by the wheels of any axle or by all the wheels of the vehicle, as the case may be.
(1) Save as otherwise provided for in sub-rule (2), and subject to the general instructions of the Regional Transport Authority, the Secretary of the Authority shall be competent to cause or permit traffic signs to be placed or erected in any public place for the purpose of regulating motor vehicle traffic.
(2) Any authority empowered, under any law for the time being in force relating to local bodies such as a Corporation, a Municipality, or a Panchayat, to specify the maximum safe load for a bridge or a culvert, or to close a public road or street may for the purpose of exercising the said power, erect the appropriate traffic signs.
The authorities empowered to erect traffic signs shall be competent to add thereon transcriptions of the words, letters or figures as referred to in sub-section (2) of Section 116 of the Act.
(1) Authority to determine location of.-- The Regional Transport Authority shall, in consultation with the concerned authorities of any Corporation, Municipality or Panchayat, the Executive Engineer and the Superintendent of Police of the District, determine the location of--
(a) bus stands, where from stage carriages start or terminate service; and
(b) parking places wherein motor vehicles in general or of specified description may stand either indefinitely or for a specified period of time:
Provided that in the case of vehicles of the Kerala State Road Transport Corporation, the District Transport Officer or the Assistant Transport Officer may, in consultation with the local authority concerned, fix up stands at the starting points and at the termini of the bus routes and also bus stands and stopping places in the course of the route subject to the following conditions:--
(i) The District Transport Officer or the Assistant
(1) To remove obstruction.-- If any motor vehicle is allowed to stand in any place other than a duly appointed parking place in such a way as to cause obstruction to traffic or danger to any person, any police officer may--
(a) forthwith cause the vehicle to be moved under its own power or otherwise to the nearest place where the vehicle will not cause undue obstruction or danger;
(b) unless it is moved to a position where it will not cause obstruction or danger take all reasonable precautions to indicate the presence of the vehicle; and
(c) if the vehicle has been stationary in one place for a continuous period of twenty-four hours and adequate steps have not been taken for its repair or removal by the owner or his representative remove the vehicle and its contents to a place of safe custody.
(2) After an air raid.-- If after the "Raiders Passed" signal has been sounded after an air raid, a motor vehicle remains in any pub
(1) From mounting or dismounting.-- No person shall mount or attempt to mount on, or dismount from, any motor vehicle, when the motor vehicle is in motion, nor shall the driver or person in charge of such vehicle permit any person to do so.
(2) From taking hold of.-- No person shall take hold of, and no driver of a motor vehicle shall cause or allow any person to take hold of any motor vehicle when in motion for the purpose of being towed or drawn upon some other wheeled vehicle or otherwise.
The head gear to be worn by any person driving or riding on, a motor cycle shall be of the ISI standards.
Any person riding on a motor cycle other than the driver thereof, need not wear a protective headgear.]
Magistrates, Officers of the Motor Vehicles Department not below the rank of Assistant Motor Vehicles Inspector, and Police Officers in uniform not below the rank of Sub Inspector are authorised to demand the production of the certificate of registration and the certificate of insurance of any vehicle and where the vehicle is a transport vehicle, also the certificate of fitness and the permit.
The drivers of fire brigade vehicles belonging to the Kerala Fire Service Department shall be exempt from the provisions of Section 130 of the Act provided that they are in uniform at the time of checking.
Liability of owner to furnish.-- No owner of a motor vehicle shall cause or allow any person to function as a driver or conductor, unless the owner has in his possession a record in writing of the name and address of the driver or conductor as set forth in his licence, the number of the licence and the name of the authority by which it was issued.
73[(1)] Magistrates Police Officers in uniform not below the rank of Sub Inspector, officers of the Motor Vehicles Department not below the rank of Assistant Motor Vehicle Inspector are authorised to:
(a) seize any identification mark carried on, or any document produced by the driver or person in charge of a motor vehicle under the provisions of Section 206 of the Act.
(b) seize, detain and arrange for the temporary safe custody of motor vehicle under the provisions of Section 207 of the Act:
Provided that any officer of the Public Works Department not below the rank of Assistant Engineer is also authorised to exercise the powers under clause (b) when by reason of the unauthorised operation of any motor vehicle, on a route or area under the charge of or within the jurisdiction the officer, such action is due under Section 270 of the Act.
74[(2) Where a motor vehicle is seized under sub-section (1) of Section 207 of
Magistrates, Officers of the Motor Vehicles Department not below the rank of Assistant Motor Vehicles Inspector and police officers not below the rank of Sub Inspector are authorised to inspect any motor vehicle involved in an accident.
The words "Caution Left hand Drive" shall be painted in red on a white back ground on the right hand rear of every vehicle with left hand steering control near the number plate, the letters being not less than four centimetres square each.
(1) On ghat roads.-- On any ghat road and elsewhere on any hill marked by traffic sign No.10 of Part C of the schedule to the Act, no person shall drive a motor vehicle with the engine free, that is to say, with the gear lever in neutral, the clutch lever depressed or with any free wheel or other device in operation which frees the engine from the driving wheels and prevents the engine from acting as a brake when the vehicle is travelling down an incline. On all ghat roads motorists shall proceed with special caution. When a motor vehicle going down-hill meets a motor vehicle going up-hill the former shall stop and allow the latter to pass.
Explanation.-- "Ghat road" means a road notified in the Gazette as such by the Government and indicated by a notice board erected at each end of such road.
(2) While reversing.-- No driver of a motor vehicle shall cause the vehicle to travel backwards without first satisfying himself that he will not thereby cau
Where any road or street is provided with foot-path or tracks reserved for cycles a specified classes of other traffic, no person shall, save with the sanction of police officer in uniform, drive any motor vehicle or cause or allow any motor vehicle to be driven on any such foot-path or track.
(1) Restriction on.-- No vehicle other than mechanically disabled or incompletely assembled motor vehicle, a registered trailer or semi-trailer, or a side-car shall be drawn or towed by any motor vehicle:
Provided that no cycle or motor cycle shall be towed and no cyclist or motor cyclist shall allow himself to be towed by any motor vehicle.
(2) Licensed driver to be in drawn vehicle.-- No motor vehicle shall be drawn or towed by any other motor vehicle unless there is in the driver's seat of the motor vehicle being drawn or towed a person holding a licence authorising him to drive the vehicle or unless one axle of the motor vehicle being towed is firmly and securely supported clear of the road surface by some crane or other device on the vehicle which is drawing or towing it.
(3) 'On Tow' to be displayed.-- When a motor vehicle is being towed by another motor vehicle, the clear distance between the rear of the front vehicle and the fr
(1) Limits of Projection.-- No person shall drive and no person shall cause or allow to be driven in any public place any motor vehicle which is loaded in a manner likely to cause danger to any person or in such a manner that the load or any part thereof anything extends beyond the limits prescribed in sub-rule (7) of Rule 93 of the Central Motor Vehicles Rules, 1989.
(2) Authority competent to exempt or restrict.-- The District Magistrate may with the concurrence of the Regional Transport Authority--
(a) by order in writing exempt any motor vehicle, for such a purpose, for such period, and subject to such conditions as he may specify, from any or all the provisions of sub-rule (1) and (2);
(b) by notification in the Gazette either prohibit, or restrict within specified hours, the transport of projecting loads within such area or on such roads as may be specified in the notification.
(1) Restriction in carrying.-- Except for the fuel and lubricants necessary for the use of the vehicle no explosive, highly inflammable or otherwise dangerous substance shall be carried on any public service vehicle:
Provided that nothing in this rule shall apply to safely packed cartridges for small arms which a passenger may take with him in any such vehicle.
(2) Authority to remove.-- If, in the opinion of any police officer not below the rank of Sub Inspector or of any officer of the Motor Vehicles Department not below the rank of Assistant Motor Vehicle Inspector, any public service vehicle is at any time loaded in contravention of sub-rule (1) he may order the driver or other person in charge of the vehicle to remove the explosive, highly inflammable or otherwise dangerous substance.
(1) Restriction on use of.-- No driver of a motor vehicle shall sound the horn or other device for giving audible warning with which the motor vehicle is equipped, or shall cause or allow any other person to do so to an extent beyond that which is reasonably necessary to ensure safety.
(2) Authority to prohibit.-- The District Magistrate may by notification in the Gazette and by the erection in suitable places of traffic sign No.7 as set-forth in Part A of the Schedule to the Act, prohibit the use of any horn, gong or other device on a motor vehicle for giving audible warning within such locality and during such hours as may be specified in the notification:
Provided that when the District Magistrate prohibits use of any horn, gong or other device for giving audible warning during certain specified hours, he shall cause a suitable notice in English and in Malayalam setting forth the hours within which such use is so prohibited to be affixed below th
(1) Dazzling lights.-- The driver of a motor vehicle shall at all times when the lights of the motor vehicle are in use so manipulate them that danger or undue inconvenience is not caused to any person by dazzling:
Provided that the Inspector General of Police, or the concerned District Magistrate may, by notification in the Official Gazette, and by the erection of suitable notice in English and Malayalam either prohibit or restrict the use of lamps giving powerful or intense light within such areas and such places and for this purpose stipulate the extent to which such lamps may be screened or shroumded.
(2) Parking lamps.-- Save when left within twenty-three metres of the nearest lighted lamp or the side of a public road having a system of lighting by electric lamps no person shall keep stationary any motor vehicle without exhibiting the parking lights thereon within the hours during which lights are otherwise required under these rules.
(3
No illuminated advertisements shall be carried or displayed on any motor vehicle.
No load or any other goods shall be placed on any motor vehicle so to mask or otherwise interrupt vision of any lamp, registration mark or other mark required to be carried by or exhibited on any motor vehicle by or under the provisions of the Act, unless a duplicate of the lamp or mark so masked or otherwise obscured is exhibited in the manner required by or under the Act for the exhibition of the masked or obscured lamp or mark.
All registration and other marks require to be exhibited on a motor vehicle by or under the provisions of the Act shall at all times be maintained in a clear and legible condition.
No person driving or in charge of a motor vehicle shall permit any person to stand or sit, or anything to be placed in such a manner or position as to obscure the driver's vision during day time either directly or rearward through the rearview mirror.
(1) When any line is painted on, or inlaid into the surface of any road at the approach to a road junction or to a pedestrian crossing or otherwise, no driver shall drive a motor vehicle so that any part thereof projects beyond that line at any time when a signal to stop is being given by a police officer or by means of traffic control light or by a traffic sign.
(2) A line for the purposes of this rule shall be not less than five centimetres in width at any part and shall be either in white, black or yellow.
75[x x x x]
The Police Officers engaged in traffic control shall assist blind persons or handicapped persons moving on trolleys, by crutches or by any other means, to cross the road by stopping the vehicles moving on the road.]
(1) When a motor vehicle draws one or more trailers, the following persons, not being less than twenty years of age, and competent to discharge their duties, shall be carried, that is to say--
(a) If the brakes of the trailer or trailers cannot be operated from the motor vehicle.
(i) One person on every trailer competent to apply the brakes, and
(ii) One person placed at or near the rear or the last trailer in such a position as to have clear view of the road in rear of the trailer, to signal to the drivers of overtaking vehicles and to communicate with the driver of the drawing motor vehicle,
(b) If the brakes of the trailer can be operated by some person, other than the driver, carried on that vehicle, such other person in addition to the driver shall be carried on that vehicle and one person on the last trailer in accordance with the provisions of sub-clause (ii) of clause (a), and
(c) If the trailer is
(1) No person shall drive or cause to be driven in any public place any motor vehicle unless there is exhibited on the back of the last trailer, a distinguishing mark in white on a black ground in the form set out in the Second Schedule to these rules.
(2) The mark shall be unobscured and shall be so fixed that--
(a) the letter on the mark is vertical and easily distinguishable from the rear of the trailer,
(b) the mark is either on the centre or to the right-hand side of the back of the trailer, and
(c) no part thereof is at a height exceeding one hundred and twenty-two centimetres from the ground.
(3) This rule shall not apply to the cases referred to in clauses (a), (b), (c) (d) and (f) of sub-rule (2) of rule 366.
Every heavy motor vehicle shall carry not less than one attendant, being a competent person of over twenty years of age, to assist the driver in the management of the vehicle and when the vehicle is in motion to be in a position to give warning of any traffic approaching from the rear.
(1) The Government may, by notification in Gazette, exempt to such extent as may be specified in the notification any motor vehicle or class of motor vehicles from all or any of the provisions of the rules framed under Chapter VIII of the Act.
The owner of a motor vehicle applying for registration or renewal of registration, grant or renewal of permits, issue or renewal of certificate of fitness, transfer of ownership, payment of tax or for any other authority to use a vehicle in a public place by himself or any other person on his order or with his permission shall produce with his application a certificate of insurance complying with requirements of Chapter XI of the Act and valid on the date when such authority comes into operation:
Provided that the owner of a motor vehicle exempted under sub-section (2) of Section 147 of the Act, shall produce, in the place of a certificate of insurance, the certificate prescribed in Rule 148 of the Central Motor Vehicles Rules, 1989.
(1) Every application for payment of compensation shall be made in Form "Comp. A" and shall be accompanied by the fee prescribed therefor in sub-rule (1) of Rule 397.
(2) Any application which is found defective on scrutiny may be returned by the Claims Tribunal for being submitted after curing the defects within a specified time not exceeding two weeks.
(3) An application for compensation shall be numbered as an Original Petition (Motor Vehicles).
75B[(4) Every application for compensation shall be accompanied by,--
(i) attested copies of photo identity card and address proof of the applicant;
(ii) an undertaking in the form of an affidavit that the claimant or claimants have not filed any other application before any other forum in respect of the same cause of action.]
On receipt of an application under Rule 371 the Claims Tribunal may, examine the applicant on oath, and the substance of such examination, if any, shall be reduced to writing.
The Claims Tribunal may, after considering the application and the statement, if any, of the applicant recorded under Rule 372 dismiss the application summarily, if for reasons to be recorded it is of the opinion that there are no sufficient grounds for proceedings therewith.
(1) The High Court may transfer an application from the file of one Claims Tribunal before whom the application is pending to that of any other Claims Tribunal,--
(a) if, the Claims Tribunal before whom the application is pending is personally interested in the application and reports the matter to the High Court; or
(b) if an application for transfer by any party to the application, the High Court is satisfied that there are sufficient grounds for such transfer.
(2) A Claims Tribunal to whom an application is so transferred under sub-rule (1) may, subject to special directions in the order of transfer, proceed either de novo or from the stage at which it is so transferred.
A Claims Tribunal shall transfer an application filed before it to another Tribunal if such application is one which comes within the jurisdiction of the latter.
(1) It shall be the responsibility of the Insurance Company to collect the particulars regarding the registered owner of the vehicle and the driving licence and submit a report thereof to the Claims Tribunal concerned together with other information such as the name of the Insurance Company, the Divisional Office under which the policy has been taken, the number of the Policy/Certificate, the period for which the policy subsists and the nature of the insurance liability, immediately on receipt of information regarding the accident from the parties.
(2) The Insurance Companies may require the Regional Transport Officer/Joint Regional Transport Officer concerned to give the details of the accident in Form "Comp. B" to enable them to submit reports under sub-rule (1) and on receipt of such requisition the regional Transport Officer or the Joint Regional Transport Officer concerned shall provide the necessary details to the Insurance Company.
(1) If the application is not dismissed under Rule 373 the Claims Tribunal shall send to the owner of the motor vehicle involved in the accident, its insurer and its driver a copy of the application together with a notice of the date on which it will hear the application and may call upon the parties to produce on that date any evidence that they may wish to tender:
Provided that in the case of an application for compensation under Section 140 of the Act the owner or insurer or driver, as the case may be, shall be directed to appear not later than 10 days from the date of issue of the notice and the date so fixed shall also be not later than 15 days from the date of receipt of the claim application.
(2) If the insurer is not impleaded as a party to the application as originally filed, or if the name of the insurer is not correctly given therein, it shall be open to the applicant to make an application to the Claims Tribunal for appropriate amendment to the applic
(1) After persuing the application and the written statements, if any, filed under Rule 378 and also the result of the examination if any, under the same rule, of the parties, the Claims Tribunal shall frame issues before the evidence is recorded.
(2) The Claims Tribunal may at any time before pronouncing judgment amend or delete issues already framed or frame additional issues on such terms as it thinks fit.
If an application is presented by any party to the proceeding for the summoning of witnesses, the Claims Tribunal shall, on payment of the expenses involved, if any, issue summons for the appearance of such witnesses unless it considers that their appearance is not necessary for a just decision of the case:
Provided that if in the opinion of the Claims Tribunal, the party is financially poor, it may not insist on the payment of the expenses involved and the same shall be borne by the Government:
Provided further that in cases where the party succeeds in whole or in part, the expenses so incurred by the Government shall be directed to be paid to it by the owner or the insurer, as the case may be, of the motor vehicle.
(1) Any party may appear in person or through a legal practitioner before the Claims Tribunal.
(2) The scale of fees contemplated in the rules regarding fees payable to the advocates in respect of original suits shall apply in the case of applications for compensations.
(1) The Claims Tribunal after giving notice to the parties may, at any time during the course of an inquiry before, it visit the sight at which the accident occurred for the purpose of making a local inspection, or examining any person likely to be able to give information relevant to the proceeding.
(2) Any party to the proceeding or the representative of any such party may accompany the Claims Tribunal for local inspection.
(3) The Claims Tribunal, after making a local inspection, shall note briefly in a memorandum any facts observed, and such memorandum shall form part of the record of inquiry.
(4) The memorandum referred to in sub-rule (3) may be shown to any party to the proceedings who desires to see it and a copy thereof may on application, be supplied to any such party.
The Claims Tribunal, if it considers necessary, make camp and conduct the proceedings anywhere within its jurisdiction.
The Claims Tribunal may, if it thinks fit require the motor vehicle involved in the accident to be produced by the owner for inspection at a particular time and place to be mentioned by it, if necessary in consultation with the owner.
The Claims Tribunal may, if any journey is undertaken for the purpose specified in Rule 382 at the instance of the party, require the party to deposit before hand an amount equivalent to the actual expense likely to be incurred by it and its staff for the purpose, and draw only the amount so deposited by the parties to meet all the incidental expenditure in connection with such journeys.
(1) The Claims Tribunal during a local inspection or at any other time, save at a formal hearing of a case pending before it, may examine summarily any person likely to be able to give information relating to such case, whether such person has been or is to be called as a witness in the case or not and whether any or all of the parties are present or not.
(2) No oath shall be administered to the person examined under sub-rule (1).
The Claims Tribunal may, if it considers necessary, direct any medical officer in a Government Hospital or in a Medical College Hospital or any Board consisting of such Medical Officers to examine the injured and issue disability certificate indicating the degree and extent of the disability, if any, sustained as a result of the accident.
(1) Evidence of each witness including medical witness, if any, shall be recorded in writing by the Claims Tribunal in full, that is word by word, and evidence so written and signed by the Claims Tribunal shall form part of the record.
(2) Where a Claims Tribunal is prevented by death, transfer or other cause from concluding the trial of a claims petition his successor may deal with any evidence taken down under sub-rule (1) as if such evidence had been taken down by him under that sub-rule and may proceed with the claims petition from the stage at which his predecessor left it.]
(1) The Claims Tribunal may, if it thinks fit, co-opt one or more persons possessing special-knowledge with respect to any matter relevant to the inquiry. Such person(s) shall not sit as member(s) if the Claims Tribunal, but shall render such assistance as is required to hold that inquiry.
(2) The remuneration, if any, to be paid to the person(s) co-opted shall in every case, be determined by the Claims Tribunal.
The Claims Tribunal shall maintain the following registers:--
(i) O.P. Register,
(ii) I.A. Register,
(iii) A Diary,
(iv) Posting Register,
(v) Disposal Register,
(vi) Register of Securities.
The Claims Tribunal may, for reasons to be recorded in writing, call upon the respondents to furnish the following information:--
(i) full particulars of all earlier accidents in which the respondents had been involved and in which the claims have been awarded at least in part;
(ii) The amount of compensation paid in such earlier accidents, the name and address of the victims and the name of the insurer who paid the damages; and
(iii) their connection, if any, with the claims.
(1) No Court shall release a motor vehicle involved in an accident resulting in death or bodily injury or damage to property, when such vehicle is not covered by the policy of insurance against third party risks taken in the name of owner or when the owner fails to furnish copy of such insurance policy despite demand by investigating police officer, unless and until the owner furnishes sufficient security to the satisfaction of the Court to pay compensation that may be awarded in a claim case arising out of such accident.
(2) Where the motor vehicle is not covered by a policy of insurance against third party risks, or when the owner of the motor vehicle fails to furnish copy of such policy in circumstance mentioned in sub-rule (1), or the owner fails to furnish sufficient security as provided in sub-rule (1), the motor vehicle shall be sold off in public auction by the Magistrate having jurisdiction over the area where accident occurred, on expiry of three months of the vehic
(1) The Claims Tribunal in passing orders, shall record concisely in a judgment, the findings on each of the issues framed and the reasons for such findings and make an award specifying the amount of compensation to be paid by the insurer, or the owner in the case of vehicles which are not insured and also the person or persons to whom compensation shall be paid.
(2) Where compensation is awarded to two or more persons the Claims Tribunal shall also specify the amount payable to each of them.
(3) The Claims Tribunal shall furnish copies of the judgment as required to be recorded under sub-rule (1) to the Secretary of the Regional Transport Authority, the registering authority and the licensing authority concerned for taking such action has the authorities consider necessary against the drivers, conductors or owners or the vehicle involved in the accident.
(4) Notwithstanding anything contained in sub-rules (1) and (2) the record of judgment shall, in respect of
The Claims Tribunal shall proceed to award the claims under section 140 of the Act on the basis of the following:--
(1) Registration Certificate of the motor vehicles involved in the accident;
(2) Insurance Certificate or policy relating to the insurance of the vehicle against Third party risks;
(3) Copy of the First Information Report;
(4) Post-mortem certificate or certificate of injury from the Medical Officer; and
(5) The nature of treatment given by the Medical Officer, who has examined the victim.
The provisions of Rules 9 to 13 and 15 to 30 of Order V, Rules 16 to 18 of Order VI, Order IX, Rules 3 to 10 of Order XIII, Rules 1 to 21 of Order XVI, Rules 1 to 3 of Order XXIII and Order XXVI of the First Schedule to the Code of Civil Procedure, 1908, shall, so far as may be, apply to the proceedings before the Claims Tribunal.
(1) An appeal against the award of a Claims Tribunal shall be preferred in the form of a memorandum stating concisely the grounds on which appeal is preferred.
(2) It shall be accompanied by a copy of the judgment, the award appealed against, and the fee prescribed in sub-rule (3) of Rule 397.
(1) Every application under sub-section (1) of Section 166 of the Act, for payment of compensation shall be accompanied by a fee of rupee one in the form of Court Fee Stamp, if the claim in a case of accident is confined to special damages and if any further general damages, are claimed, an ad valorem fee shall be charged on the aggregate of the special and general damages claimed on the following scales, namely:--
The rules relating to the issue of certified copies obtaining in the Civil Rules of Practice, Kerala shall mutatis mutandis apply in the case of Claims Tribunal.
The provisions of the Kerala Destruction of Records Act, 1961 (Act 2 of 1962), shall apply to the Motor Accident Claims Tribunals in the State with regard to the disposal by destruction or otherwise of the records in the possession or custody of the Tribunals and the State Government may frame necessary rules in this behalf.]
Police Officers in uniform not below the rank of Sub-Inspector and all Officers of the Motor Vehicles Department not below the rank of Assistant Motor Vehicles Inspector are authorised to recover penalties under sub-section (2) of Section 201 of the Act.
Except when otherwise provided in the Central Motor Vehicles Rules, 1989, subject to the provisions of Rules 401 and 402 the Secretary of the State Transport Authority, or the Secretary of the Regional Transport Authority concerned, may on application sanction the refund of--
(a) the excess, where the amount paid is in excess of the proper fee;
(b) the full fee paid, where the fee was paid by mistake; and
(c) the full fee paid, where the remittance of the fee is not followed by an application for the purpose for which the fee was paid.
No refund of fee for a certificate of fitness shall be made when the inspection of the vehicle in respect of which the certificate was applied for, has been carried out.
(1) No refund of fee paid in excess shall be made if the application for such refund is not made within three months from the date of such excess payment.
(2) No refund of fee paid by mistake shall be made if the application for such refund is not made within one year from the date of the credit of the fee to Government.
(3) No refund of the fee, where the remittance of the fee is not followed by an application for the purpose for which the fee was paid, shall be made if the application for such refund is not made within one year from the date on which the fee was credited to Government.
The fees under these rules shall, unless otherwise provided, be remitted to any of the State Treasuries or any of the offices of the Motor Vehicles Department or FRIENDS Jana Sevana Kendram or by way of e-payment facility introduced as per G.O. (Rt.) No. 06/2012/Tran dated 04/01/2012, where such facility is provided and the original of the chalan or receipt or slip of remittance, as the case may be, attached to the application.]
The registers and other records to be maintained at the offices of the Registering, Licensing and Transport Authorities shall be in the forms prescribed by the State Transport Authority.
(1) For the purpose of Section 213 of the Act, there shall be a Motor Vehicles Department in the State with the Transport Commissioner as the Head of the Department. 78[Additional Transport Commissioner/Joint Transport Commissioner], Senior Deputy Transport Commissioners, Deputy Transport Commissioners, Assistant Transport Commissioner, Regional Transport Officers, Joint Regional Transport Officers, Joint Regional Transport Officer (Administration) in the offices of the Deputy Transport Commissioners, Assistant Secretary to the State Transport Authority, Motor Vehicles Inspectors and Assistant Motor Vehicles Inspectors and all other officers who may, from time to time, be appointed for the purpose of the said section, shall be regarded as officers of the Motor Vehicles Department and shall exercise the powers and perform the duties assigned to them under the Act and the rules and the notifications issued thereunder. They shall carry out the instructions and orders issued
82[(1)] 80[The] Regional Transport Officers, Joint Regional Transport Officers, Motor Vehicles Inspectors and Assistant Motor Vehicles Inspectors of the Motor Vehicles Department shall wear the following uniform while on duty, namely:--
1. Regional Transport Officers --
83[(i) Peak cap-Khaki Gabardine, black beret cap, badge with letters 'KTS' and Ashoka Emblem and embossed buttons with the letters 'KTS' in yellow metal or gilt;]
84[(ii) Shirt and pants of khaki colour-police cut-with nylon buttons in khaki colour. Pants with three belt loops and shirt to be tucked inside the pants;]
(iii) Sam Browne belt 85[with steel buckle and a badge in a monogram similar to cap badge];
86[(iv) Yellow lanyard (double layered) with whistle and carried in the left breast pocket;]
(v) Brown shoes;
(vi) Khaki, nylon or cotton socks;
(vii)
On the commencement of these rules, the Kerala Motor Vehicles Rules, 1961, the Kerala Motor Vehicles (State Transport Undertakings) Rules, 1971 and the Kerala Motor Accidents Claims Tribunal Rules, 1977 shall stand repealed:
Provided that any order made or action taken under the said rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
1[ANNEXURE RESERVATION FEE FOR FANCY NUMBER | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Sl. No. | Fancy Number | Fees (Amount in T) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(1) | (2) | (3) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | 0001 | 1,00,000 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | 0777 | 0999 | 3333 | 4444< S.FORM LTA
S.FORM FA
S.FORM LTI
S.FORM LAD
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