Motor Vehicles Act: Section 66 – Necessity for permits

No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used:
Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage:
Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not:
Provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the holder to use the vehicle for the carriage of goods for or in connection with a trade or business carried on by him.

The holder of a goods carriage permit may use the vehicle, for the drawing of any trailer or semi-trailer not owned by him, subject to such conditions as may be prescribed:
Provided that the holder of a permit of any articulated vehicle may use the prime-mover of that articulated vehicle for any other semi-trailor.

The provisions of sub-section (1) shall not apply—

1. to any transport vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise;
2. to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes;
3. to any transport vehicle used solely for police, fire brigade or ambulance purposes;
4. to any transport vehicle used solely for the conveyance of corpses and the mourners accompanying the corpses;
5. to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety;
6. to any transport vehicle used for any other public purpose as may be prescribed by the State Government in this behalf;
7. to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such conditions as the Central Government may, by notification in the Official Gazette, specify in this behalf;
8. —
9. to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms;
10. subject to such conditions as the Central Government may, by notification in the Official Gazette, specify, to any transport vehicle purchased in one State and proceeding to a place, situated in that State or in any other State, without carrying any passenger or goods;
11. to any transport vehicle which has been temporarily registered under section 43 while proceeding empty to any place for the purpose of registration of the vehicle;
12. —
13. to any transport vehicle which, owing to flood, earthquake or any other natural calamity, obstruction on road, or unforeseen circumstances, is required to be diverted through any other route, whether within or outside the State, with a view to enabling it to reach its destination;
14. to any transport vehicle used for such purposes as the Central or State Government may, by order, specify;
15. to any transport vehicle which is subject to a hire-purchase, lease or hypothecation agreement and which owing to the default of the owner has been taken possession of by or on behalf of the person with whom the owner has entered into such agreement, to enable such motor vehicle to reach its destination; or
16. to any transport vehicle while proceeding empty to any place for purpose of repair.

Subject to the provisions of sub-section (3), sub-section (1) shall, if the State Government by rule made under section 96 so prescribes, apply to any motor vehicle adapted to carry more than nine persons excluding the driver.

Simplified Explanation

Section 66 states that no person can operate or allow a transport vehicle (such as buses, trucks, taxis, autorickshaws, etc.) to be used in a public place unless a valid permit has been issued by the relevant authority. This ensures that transport vehicles meet the necessary safety, environmental, and legal standards before they are allowed to carry passengers or goods.

Key Points

1. Requirement for Permits:
   • Transport vehicles (vehicles used for carrying passengers or goods for hire or commercial purposes) are required to have a valid permit issued by the relevant Regional Transport Authority (RTA) or State Transport Authority (STA).
   • The permit serves as legal authorization for the vehicle to operate for specific purposes (such as carrying passengers or goods) and on designated routes or areas.
2. Types of Vehicles That Need Permits:
   • Vehicles that typically require a permit include:
     • Goods vehicles (trucks, lorries, etc.) carrying goods for commercial purposes.
     • Passenger vehicles (buses, taxis, autorickshaws) used to transport passengers for hire or reward.
     • Contract vehicles (like tourist buses or vans used for group bookings or contract hire).
   • Private vehicles that are used solely for personal purposes do not need permits.
3. Types of Permits:
   • There are different types of permits based on the nature of the vehicle’s use:
     • Goods carriage permit: For vehicles carrying goods for commercial purposes.
     • Stage carriage permit: For buses operating on fixed routes with designated stops (such as public buses).
     • Contract carriage permit: For vehicles hired on a contract basis, such as taxis, tourist vehicles, or school buses.
     • National permit: For goods vehicles operating across multiple states.
     • Temporary permit: For vehicles operating for a short duration or for a specific event or purpose.
4. Conditions for Obtaining a Permit:
   • The Regional Transport Authority (RTA) or State Transport Authority (STA) issues permits based on certain conditions:
     • The vehicle must meet safety and emission standards.
     • The vehicle must be registered and have valid insurance and pollution under control (PUC) certificate.
     • The operator must demonstrate that they will operate the vehicle responsibly and within the legal framework.
   • The authorities may impose conditions on the permit, such as specific routes, areas of operation, and timings.
5. Exemptions from Permits:
   • Government vehicles or vehicles used for defense purposes may be exempt from the requirement for permits.
   • Certain types of private vehicles, agricultural vehicles, or vehicles used for non-commercial purposes do not require permits under this section.
6. Validity and Renewal:
   • Permits are usually valid for a specific period (e.g., 1 to 5 years) and must be renewed before they expire.
   • The renewal process involves verifying that the vehicle continues to meet all necessary conditions, such as roadworthiness and compliance with regulations.
7. Penalties for Non-Compliance:
   • Operating a transport vehicle without a valid permit is a violation of the law. If a vehicle is found operating without a permit, it can be:
     • Fined or penalized by the authorities.
     • Seized or impounded in serious cases.
   • The driver or owner may also face legal action for not adhering to the legal requirement of having a valid permit.

Example Scenario

Suppose a company owns a fleet of goods vehicles that transport goods from Mumbai to Delhi. The company must obtain a national permit from the State Transport Authority (STA), allowing the vehicles to legally carry goods across state borders. If the company operates these trucks without a permit, they would be violating Section 66 of the Motor Vehicles Act, leading to penalties or seizure of the vehicles.

Similarly, if an individual wants to run a taxi service in Bangalore, they must apply for a contract carriage permit from the local RTA to legally operate their taxi for hire. Without the permit, they cannot operate the taxi for commercial purposes.

Importance

This section is crucial for regulating the commercial use of vehicles and ensuring that transport vehicles meet safety and environmental standards. The permit system helps authorities monitor and control the operation of public transport and goods vehicles, contributing to safer roads and better transport services.

Conclusion

Section 66 of the Motor Vehicles Act makes it mandatory for transport vehicles to have valid permits to operate on public roads. This includes goods vehicles, buses, taxis, and other vehicles used for commercial purposes. The permit system ensures that vehicles are operated legally and safely while contributing to effective transport regulation.