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Provisions Regarding Permits and Forms Used for Granting Permits

 


Introduction

A permit is an official authorization granted by the State Transport Authority (STA) or Regional Transport Authority (RTA), allowing a vehicle to operate for specific transport purposes. The permit system ensures the regulation of transport services, safety compliance, and controlled operation of vehicles on public roads.

The provisions regarding the permit system in India are primarily governed by the Motor Vehicles Act, 1988, along with the Central Motor Vehicle Rules, 1989 and state-specific transport rules. Various forms are prescribed for applying and granting permits for different vehicle types.

Legal Provisions Regarding Permits Under the Motor Vehicles Act, 1988

1. Section 66 – Necessity of Permits

  • No motor vehicle shall be used as a transport vehicle without a valid permit.
  • Transport vehicles require a permit issued by the State or Regional Transport Authority.

2. Section 67 – Power of Government to Control Road Transport

  • The government has the authority to regulate transport services, fare structures, and permit issuance.

3. Section 68 – Transport Authorities and Their Functions

  • State Transport Authority (STA): Grants permits for inter-state transport.
  • Regional Transport Authority (RTA): Grants permits for intra-state transport.

4. Section 69 – Procedure for Applying for a Permit

  • Application must be made to the RTA or STA with required documents.

5. Section 70 to 75 – Grant, Refusal, and Renewal of Permits

  • The authority may grant or refuse a permit based on public interest, traffic conditions, and applicant qualifications.
  • Permits can be renewed before expiry with a prescribed fee.

6. Section 76 to 80 – Types of Permits and Their Conditions

  • Special provisions for stage carriages, contract carriages, goods vehicles, and temporary permits.
  • Conditions of permits include compliance with taxes, vehicle fitness, insurance, and driver qualifications.

Types of Permits in India and Their Provisions

Type of PermitDescriptionRelevant Section
Goods Carriage PermitIssued for transport of goods within or across states.Sections 66, 77
National PermitAllows goods transport vehicles to operate across multiple states.Section 88
Stage Carriage PermitIssued for buses operating on fixed routes with multiple stops.Section 72
Contract Carriage PermitRequired for taxis, cabs, school buses, and private tourist vehicles.Section 74
Temporary PermitIssued for a short duration for specific events, fairs, or emergencies.Section 87
Tourist Vehicle PermitIssued for tourist buses and taxis operating in different states.Section 88
Special PermitGranted for vehicles carrying hazardous materials, ambulances, and emergency services.Section 92

Forms Used for Granting Permits

1. Application Forms for Permits

Form NumberPurpose
Form 45Application for a permit for a transport vehicle.
Form 46Application for a National Permit.
Form 48Application for the renewal of a permit.
Form 49Application for a temporary permit.
Form 50Application for the replacement of a permit.

2. Issuance and Renewal Forms

Form NumberPurpose
Form P.Co.PIssuance of contract carriage permit.
Form P.St.PIssuance of stage carriage permit.
Form P.Gd.PIssuance of goods carriage permit.
Form P.Tem.PIssuance of a temporary permit.
Form P.Nat.PIssuance of a National Permit.
Form P.Ren.PRenewal of an expired permit.

Procedure for Granting a Permit

  1. Application Submission

    • The applicant must submit the prescribed permit application form along with the necessary documents.
    • Forms such as Form 45, Form 46, or Form 49 are used depending on the type of permit.

  2. Document Verification

    • Vehicle Registration Certificate (RC)
    • Insurance Certificate
    • Pollution Under Control (PUC) Certificate
    • Vehicle Fitness Certificate
    • Tax Payment Receipts

  3. Fee Payment

    • The applicant pays the applicable permit fee as prescribed under the transport rules.

  4. Processing by Transport Authority

    • The STA/RTA examines the application and verifies compliance with rules.
    • If the authority is satisfied, the permit is granted and issued.
    • If rejected, the reason for refusal is communicated.

  5. Granting of Permit

    • The permit is issued in the prescribed Form P.Co.P, P.St.P, P.Gd.P, or P.Nat.P, based on the vehicle type.
    • The permit mentions validity, area of operation, conditions, and restrictions.

  6. Renewal of Permit

    • The permit holder must apply for renewal before expiry using Form 48.

Conditions and Restrictions on Permits

  1. Vehicle Usage Restrictions

    • Vehicles must operate only within the permitted routes or areas.
    • Cannot exceed the prescribed seating or loading capacity.

  2. Compliance with Safety Regulations

    • Must adhere to pollution norms and fitness requirements.
    • Drivers must hold a valid driving license for commercial vehicles.

  3. Transfer and Suspension of Permits

    • Permits cannot be transferred without government approval.
    • Authorities can suspend or cancel permits for violations of rules.

Consequences of Violating Permit Rules

ViolationPenalty/Fine
Operating without a valid permit₹10,000 fine + vehicle seizure
Carrying more passengers/goods than allowed₹5,000 fine + suspension of permit
Operating outside the permitted area₹5,000 fine + permit cancellation
Using a personal vehicle for commercial purposes₹10,000 fine + vehicle impoundment

Conclusion

The permit system under the Motor Vehicles Act, 1988 ensures the organized and regulated operation of transport vehicles. Different types of permits are issued based on the nature of transport, and the process involves submission of applications, verification, fee payment, and compliance with conditions. The use of prescribed forms such as Form 45, Form 46, and Form 48 helps in streamlining the process. Strict enforcement of permit regulations is necessary to prevent illegal transportation activities and ensure road safety.

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