(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) The form in which any proposal regarding a scheme may be published under section 99;
(b) The manner in which objections may be filed under sub-section (1) of section 100;
(c) The manner in which objections may be considered and disposed of under sub-section (2) of section 100;
(d) The form in which any approved scheme may be published under sub-section (3) of section 100;
(e) The manner in which application under sub-section (1) of section 103 may be made;
(f) The period within which the owner may claim any article found left in any transport vehicle under section 106 and the manner of sale of such article;
(g) The manner of service of orders under this Chapter;
(h) Any other matter which has to be, or may be, prescribed.
Simplified Explanation
Section 107 of the Motor Vehicles Act grants the state government the authority to make specific rules to implement and regulate the provisions of the Act within the state. This section allows the state governments to adapt the Act’s general framework to address local needs and conditions, ensuring that transport laws are effectively enforced and tailored to regional requirements.
Key Aspects of Section 107
- State Government Rule-Making Authority:
- The state government is empowered to formulate, amend, and enforce rules related to various aspects of motor vehicle operation, transport services, and road safety within its jurisdiction.
- These rules provide detailed guidelines on how the provisions of the Motor Vehicles Act will be applied in the state, filling in the specifics that may not be covered in the central Act.
- Scope of Rule-Making: The rules made by the state government can cover a wide range of areas related to road transport, including:
- Issuance of Permits: Rules regarding the procedure for issuing, renewing, or cancelling permits for different types of vehicles, such as passenger vehicles, goods vehicles, and contract carriages.
- Vehicle Safety Standards: Rules to enforce safety standards for vehicles, such as requirements for vehicle maintenance, safety equipment, and inspections.
- Driver Qualifications: Regulations regarding driver licensing, training, and conduct, ensuring that drivers meet the required standards for operating vehicles.
- Road Safety Measures: Rules to promote road safety, such as speed limits, restrictions on driving hours, traffic regulations, and penalties for violations.
- Public Transport Services: Rules governing the operation of State Transport Undertakings (STUs), including the management of routes, fares, and service quality.
- Environmental Standards: Rules regarding vehicle emissions and environmental protection, such as pollution control measures for motor vehicles.
- Disposal of Lost Property: Rules regarding the procedure for handling lost articles found in public transport vehicles, as outlined in Section 106.
- Adapting to Local Needs:
- The state government can adapt the central provisions of the Motor Vehicles Act to better suit local conditions. For example, a state with a large rural population might create specific rules for the operation of transport services in remote areas.
- This flexibility allows state governments to address unique challenges, such as managing urban congestion, improving rural connectivity, or enforcing stricter pollution control measures.
- Public Consultation and Notification:
- Before implementing new rules or amendments, the state government typically publishes a draft of the proposed rules for public consultation, allowing stakeholders to provide feedback.
- Once finalized, the rules are published in the official state gazette, making them legally binding.
Impact on Stakeholders
- For State Governments:
- This section gives state governments the necessary power to regulate transport services and enforce road safety measures tailored to their region’s specific needs.
- States can implement more stringent or region-specific rules if they feel it’s necessary to improve transportation safety, efficiency, or sustainability.
- For Transport Operators:
- Operators need to stay updated with state-specific rules, which may vary from the national framework. Compliance with local rules is essential for obtaining permits and running services smoothly.
- For instance, the process for acquiring permits or the environmental standards that vehicles must meet may differ from state to state.
- For Drivers and the Public:
- Drivers and the public benefit from clear and locally relevant transport regulations that ensure safety, reduce road accidents, and promote efficient transportation services.
- Drivers may have specific licensing or safety requirements in one state that differ slightly in another, depending on the rules the state government puts in place.
Example of Application
A state government might decide to introduce stricter rules for pollution control and vehicle emissions in urban areas to tackle air quality issues. Using the authority granted by Section 107, the state can establish specific regulations regarding emissions testing for vehicles, penalties for non-compliance, and incentives for using cleaner, greener vehicles.In summary, Section 107 of the Motor Vehicles Act empowers state governments to make rules necessary for implementing and enforcing the provisions of the Act at a local level. This flexibility ensures that transport laws are adapted to meet the specific needs of each state, promoting road safety, environmental sustainability, and efficient public transportation systems.
