THE TAMIL NADU MOTOR VEHICLES RULES, 1989

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3,1THE TAMIL NADU MOTORVEHICLES RULES, 1989No. SRO A-78 (b-l)/S9In exercise of the powers conferred by sections 28, 38, 65, 95, 107, 311 and 138 read with section 211 ofthe Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Governor of Tamil Nadu hereby makes thefollowing rules, the draft of the same having been previously published as required by subsection'(1) ofsection 212 of the said Act.CHAPTER IPRELIMINARY1. Short title and application.— (a) These rules may be called the Tamil Nadu Motor VehiclesRules, 1989.(b) They extend to the whole of the State of Tamil Nadu.2. [.]3.Definitions,— In these rules, unless there is anything repugnant in the subject or contextfa) "Act" means the Motor Vehicles Act, 1988 (Central Act 59 of 1988);(b) "Agent or Canvasser" means any person other than a conductor who engages directly orindirectly —(i) in the sale of tickets for travel by any public service vehicle; or in persuading any person,soliciting or attempting to persuade any person to travel in a public service vehicle; and(ii) includes an agent who engages directly or indirectly in the business of all or any of the followingnamely, collecting, forwarding and distributing goods carried by goods carriages;c. "agent's licence" means a licence granted under rule 234 or 235;d. "autorickshaw" means a motor vehicle constructed, adapted or used to carry not more than threepassengers excluding the driver for hire or reward and having less than four wheels;(da) "Share autorickshaw" means a motor vehicle constructed, adapted or used to carry five passengersexcluding the driver for hire or reward and having less than four wheels.(e) "City and Town Service" means a service plying in a city or a Municipal Town or any builtup place notified in the Tamil Nadu Government Gazette as "City" or "Town" for this purpose by theTransport Authority concerned with the prior concurrence of the State Transport Authority. No routeshall lie entirely outside, but atleast one -terminus of it shall be within the limits of municipal town ora city or any built up place notified for the purpose. The aggregate distance of a "town" or "City Service"route lying partly within and partly outside the limits of a municipal town or city or any built up place,notified for the purpose shall not exceed 35 kilometres in all districts except Chennai.Provided that nothing contained in the definition shall by itself affect a service which has been termed"City" or "Town" service and already in existence on the 15th August 1989:Provided further that the aggregate distance of 35 kilometres shall be extended to"40 kilometresin'respect of extension of city and town service routes to villages not served with stage carriage and having apopulation of not less than one thousand as per 2001 census;f. "Complementary authority" means the Regional Transport Authority of the region in which orthrough which a portion of the route or area with reference to which the primary authority is determinedlies or passes;g. "Complementary region" means the territorial jurisdiction of a complementary authority;C—1

3-23TAMIL NADU MOTOR VEHICLES RULES[R.(h) "double trip" or "round trip" or "return trip" means one to and fro journey from terminus toterminus of a route;(i) "Express Service" means a ser ice plying on route covering a distance of not less than 120kilometres, the permit for which prescribes that on an average the stage carriage shall stop to pick up or setdown passengers only once for ;very 25 kilometres of the total distance covered by its route, the starting andterminal places being excluded for this purpose:Provided that nothing contained in the definition shall by itself affect a service which has been termed"Express" and already in existence on the 1st April 1965:Provided further that metropolitan service may also be plied as "Express Service" within the MadrasMetropolitan area if so authorised by the transport authority in the permit, subject to such conditions as itmay specify:Provided also that a stage carriage can also be plied as Express Service in City or Town Service, as thecase may be, if the permit for which prescribes that the stage carriage shall stop to pick up and set downpassengers only on such stop' daring such hours as may fce specified in the conditions of Permit;(j) "form" means a Form appended to these rules;(k) "Government" means the Government of Tamil Nadu;(1) "Inspecting Officer of the Transport Department" means any Officer of the Transport Departmentnot below the rank of Motor Vehicles Inspector Grade II;(m) "Magistrate" means a salaried Magistrate in the State of Tamil Nadu;(n) "Metropolitan Service" means a service plying exclusively in the Madras Metropolitan area definedand notified under clause (4) of section 2 of the Tamil Nadu Motor Vehicles Taxation Act, 1974 (Tamil NaduAct 13 of 1974);(o) "Mini-bus" means a stage carriage constructed on a wheel base of not exceeding 390 cms. andcarrying or adapted to carry more than six passengers but not more than twenty-five passengers excludingthe driver and the conductor;(p) "Ordinary Service" means a service plying in an area other than the Madras Metropolitan area androutes other than City and Town service routes and excludes an Express Service;(q) "Passenger-Cum-goods carriage" means a stage carriage carrying or adapted to carry not more than30 passengers excluding the driver and conductor with provision for racks to carry goods within the motorvehicle;(r) "Passenger" for the purpose of these rules, means any person travelling in a public service vehicleother than the driver or thte conductor or any employee of the permit holder while on duty;Explanation.— An employee of the permit holder other than the driver or conductor, while travellingin a stage carriage on duty, shall carry with him an identity card or authorisation issued to him by the permitholder permitting him to travel in the stage carriage on duty and shall produce it for inspection wheneverrequired;(s) "primary authority" means the Regional Transport Authority competent to entertain and dispose ofapplication in respect of any specific route or specific area within the meaning of section 69; , (t) "primaryregion" means the territorial jurisdiction of the primary authority;(u) "Public stand" means any stand maintained by the Government, local authority or any StateTransport Undertaking or other body and notified under rule 245 by the Regional Transport Authority as apublic stand for the use of stage carriages, contract carriages or goods carriages, as the case may be; '(v) "road length" means the actual distance of any road as a physical track;(w) "rules" means the Tamil Nadu Motor Vehicles Rules, 1989;

R.5]TAMIL NADU MOTOR VEHICLES RULES3-3(x) "Section" means the section of the Motor Vehicles Act, 1988;(y) "shuttle trip" or "cut trip" means a single journey on a portion of a route;(z) "Shuttle double trip" or "shuttle round trip" or "shuttle return trip" means one to and fro journey ona part of a route;(aa) "State" means the State of Tamil Nadu(bb) "State Transport Appellate Tribunal" or "Tribunal" means the person appointed by the StateGovernment to hear appeals under section 89 or a revision under section 90;(cc) "taxi-meter" means any approved mechanical or electronic device attached to a motor cab or thecalculation and legible exhibition of fares and other charges due from passengers therein;(cc) "Transport Commissioner" means any officer appointed by the State Government to perform thefunctions of the Transport Commissioner, Tamil Nadu State, under these rules and the rules made by theCentral Government under the Act and includes a Joint Transport Commissioner or, as the case may be, aDeputy Transport Commissioner.(dd) "Transport Department" means the Motor Vehicles Department established under section 213;(ee) "trip" or "single trip" means a single journey from one terminus to the other of a route;(ff) "trip distance" means — (i) in relation to the service performed by a vehicle on a route, the total distancein all its trips, including shuttle trips, if any, performed by the vehicle in a day;(ii) in relation to several vehicles on a route, the total distance performed in a day by all the vehiclesin all the trips if any, on a route;(in) in relation to vehicles on different routes, the total distance performed, in a day by all the vehicleson all the routes in all the trips including shuttle trips if any;(gg) "trunk road" means any highway declared by or under the National Highways Act, 1956 (CentralAct 48 of 1956) to be a National Highways or any road notified as a State Highways in the Tamil NaduGovernment Gazette by the State Government.AmendmentsClause (da) inserted by SRO A-48/2007 dated 28-11-2007. In clause (e), the second proviso inserted bySRO A-117/93 dated 5-8-1993; in clause (e), the expression "35 kilometres in all districts except Chennai"substituted by SRO A-2/2007 dated 4-1-2007; in clause (e), in the second proviso, the expression "distance of35 kilometres . 40 kilometres" and "2001 census" substituted by SRO A-2/2007 dated 4-1-2007; clause (i)substituted by SRO A-154/89 dated 26-9-1989; in clause (z), sub-clause (cc) inserted by SRO A-l 10/90 dated5-7-1990.3-A. The General Clauses Act, 1897, shall apply to the interpretation of these rules as it applies to theinterpretation of the Act.3-B. Unless there is anything repugnant in the subject or context, the definitions in rule 3 shall apply tothe interpretation of the notifications issued under the Act.CHAPTER IILICENSING OF DRIVERS OF MOTOR VEHICLESLicensing authorities.— The Regional Transport Officer or the Additional Regional Transport Officer, asthe case may be within his jurisdiction, shall be the Licensing Authority for the issue of Driving Licences.Assistant licensing authorities.— The Motor Vehicles Inspectors, Grade I and Grade II shall

3-45TAMIL NADU MOTOR VEHICLES RULES[R.be the Assistant Licensing Authorities in respect of such areas as may be specified by the LicensingAuthorities. The Personal Assistants to Regional Transport Officers and the Superintendents shall be theAssistant Licensing Authorities in respect of such cases, where no testing of candidate is involved: Providedthat the Assistant Licensing Authorities shall exercise their powers subject to such conditions or restrictionsas may be specified by the licensing authority from time to time.Section 3(1) not to apply to driver of road-roller,— Sub-section (1) of Section 3 shall not apply to thedriver of a road-roller.Application for authorisation.— The holder of a driving licence may, at any time, apply to thelicensing authority in Form LTVA for the grant of an authorisation to drive a transport vehicle [Such application shall be accompanied by the driving licence and appropriate fee as specified in the Tableunder rule 49.].Licensing authority may make enquiries.— Upon the receipt of an application for an authorisation todrive a transport vehicle, the licensing authority may make such enquiries as may be reasonably necessary toestablish the identity of the applicant and to ascertain that the applicant is not disqualified or liable to bedisqualified for holding a driving licence.Summoning of applicant.— The authority to which application is made under rule 7 may, if it thinks fitby notice in writing summon the applicant to appear before it at such time and place as the authority mayappoint to examine the applicant's knowledge of the provisions of the Act and the rules regarding the dutiesand functions of a driver of a transport vehicle.Issue of authorisation.— The Licensing Authority granting an authorisation to drive a transport vehicleshall allot a Badge number sign the driving licence accordingly and return the same to the holder thereof andshall if it is not the authority which issued the licence at the same time, send intimation in form LTV'to theauthority by which the driving licence was issued.Reasons for rejection to be given.— If the Licensing Authority rejects an application for anauthorisation, it shall inform the applicant in writing giving its reasons and shall return the driving licence tohim.Authorisation by owner.— Every driver of a transport vehicle shall, in addition to the driving licence,carry an authorisation issued by the owner of the vehicle in the prescribed form AVT.Testing officer.— The test of competence to drive as set forth in the rules prescribed by the CentralGovernment under sub-section (3) of section 9 shall be conducted by the licensing authority or by a personauthorised by such authority.Driving test.-— Subject to sub-section (6) of section 9, the applicant shall produce a serviceable vehicleof the class to which the application refers and present himself for the test at such time and place as may bespecified by the licensing authority or the testing officer.Appellate authority.— The Deputy Transport Commissioner concerned shall be the appellate authorityto hear appeals under sub-section (8) of section 9, sub-section (2) of section 17 and subsection (3) of section19.Limitation Act — not to apply.— The provisions of the Limitation Act 1963 (Central Act 36 of 1963)will not be applicable to appeals preferred under rule 15.Form of appeal.— An appeal under sub-section (8) of section 9, sub-section (2) of section 17 or subsection (3) of section 19 shall be in the form of a memorandum setting forth concisely the grounds ofobjection to the order which is the subject of appeal and shall be accompanied by the original

R.25]TAMIL NADU MOTOR VEHICLES RULES3-5or a certified copy of that order. A fee as specified in the Table under rule 49 shall be paid in respect of eachappeal,Re-presentation of appeal.— Where an appeal referred to in rule 15 is presented within thirty days ofthe date of receipt by the person aggrieved of the order appealed against, but returned by the appellateauthority for re-presentation in the prescribed manner and if such appeal is re-presented in the prescribedmanner and within the date if any specified by the appellate authority for the re-presentation of the appeal, itshall be deemed to have been presented within the prescribed time,Certified copy,— The Licensing Authority or the appellate authority, as the case may be, may in hisdiscretion give any person interested in an appeal referred to in rule 15 a certified copy of the order appealedagainst or of the copy of the appeal petition or of any other relevant documents on payment of a fee asspecified in the Table under rule 49 for each such copy of an order, petition or document.Fee for medical certificate.— The fee payable for the issue of a medical certificate under subsection (3)of section 8 shall be Rupees ten,Name plate.— The driver of a transport vehicle shall while on duty, display on his left chest pocket awhite plastic plate of size 8 cms. 2cms. inscribed with his name in bold black letters of size 0.5 cms. both inEnglish and in Tamil with badge number and the name of the District as set forth below:8 cm2 cmThe cost of the name Plate shall be borne by the driver himself.Sealing of photograph.— The photograph of the holder when affixed to a driving licence shall bear thesignature and seal of the licensing authority in such a manner that part of the signature and impression of theseal is upon the photograph and part on the licence.Demand for recent photograph.— If at any time it appears to a licensing authority that the photographaffixed to the driving licence has ceased to be a clear likeness of the holder, the licensing authority mayrequire the holder to surrender the driving licence forthwith and to furnish two clear copies of a recentphotograph of himself and the holder shall within such period as the licensing authority may specify, appearin person before the licensing authority and present the photographs accordingly. If the holder fails to complywith a requisition by the licensing authority under this rule the driving licence shall cease to be valid from theexpiry of the said period.Duplicate licence with new photograph.— Upon receipt of the copies of photographs as proyided inrule 23 the licensing authority shall issue a duplicate driving licence with the new photographs affixed theretoand shall destroy the original driving licence. The fee for a duplicate driving licence issued under this ruleshall be as specified in the Table under rule 49.Licences lost or destroyed — intimation.— If at any time a driving licence is lost or destroyed theholder of the driving licence shall forthwith intimate the fact in writing in Form LLD in duplicate to theLicensing Authority having jurisdiction over the area in which he has his place of residence at the time.

3-6TAMIL NADU MOTOR VEHICLES RULES[R.2626. Duplicate licence.— Upon the receipt of the intimation specified in rale 25 the licensing authorityshall, if satisfied after making such enquiries as it thinks fit that a duplicate driving licence may properlybe issued, issue a duplicate driving licence. The fee for a duplicate driving licence issued under thisrule shall be as specified in the Table under rule 49:Provided that where the driving licence concerned was issued by some other licensing authority, theparticulars of the driving licence and of any endorsement thereon shall be obtained from that authority beforeissuing the duplicate driving licence.Licence lost — delivery.— When a duplicate driving licence has been issued upon representation that adriving licence has been lost and the licence is afterwards found by the holder, it shall be delivered to thelicensing authority. Any other person finding a driving licence shall deliver to the holder of the licence or tothe nearest police station.Driving licence defaced or torn — impounding.— If at any time it appears to a licensing authority that alicence held by a person is so torn or defaced in any way as to cease to be reasonably legible, or if the drivinglicence is completely written up arid there is no space for making fresh endorsements, the licensing authoritymay impound the driving licence and issue a duplicate.Driving licence — furnishing of copies of photographs.— The holder of the driving licence shallfurnish to the licensing authority with two clear copies of recent photographs of himself, one of which shall beaffixed to the duplicate driving licence and sealed and the other shall be recorded by the authority by which thedriving licence is issued. The fee for a duplicate driving licence issued under this rule shall be as specified inthe Table under rule 49.Duplicate to he stamped.— When a duplicate driving licence is issued it shall be clearly stamped"DUPLICATE" in red and shall be marked with the date of issue of the duplicate and the seal of the licensingauthority.Intimation to issuing authority.— If the licensing authority which issues a duplicate driving licence isnot the authority by which the driving licence was issued it shall intimate the fact to that authority.Disqualification procedure.— A licensing authority taking possession of a driving licence under clause(a) of sub-section (2) of section 19 shall, if the licence was issued by another licensing authority, intimate thefact to that authority.Endorsement of disqualification.— A licensing authority shall communicate particulars of driverspermanently or temporarily disqualified for holding a driving licence and particulars of persons convictedunder section 182 of the Act, to all other licensing authorities in the State.Endorsement of licence by court.— The court making or causing to be made an endorsement on adriving licence under section 24 shall send intimation in Form LE to the licensing authority by which thedriving licence was issued and to the licensing authority by which it was last renewed.Intimation to original authority.— A licensing authority renewing a driving licence under the provisionsof sub-section (6) of section 15, shall intimate the fact to the licensing authority by which the driving lice

functions of the Transport Commissioner, Tamil Nadu State, under these rules and the rules made by the Central Government under the Act and includes a Joint Transport Commissioner or, as the case may be, a Deputy Transport Commissioner. (dd) "Transport Department" means the Motor Vehicles Department established under section 213;