(1) A Regional Transport Authority shall, while considering an application for a stage carriage permit, have regard to the objects of this Act:
1 * * * * *
(2) A Regional Transport Authority shall refuse to grant a stage carriage permit if it appears from any time-table furnished that the provisions of this Act relating to the speed at which vehicles may be driven are likely to be contravened:
Provided that before such refusal an opportunity shall be given to the applicant to amend the time-table so as to conform to the said provisions.
(3)
(a) The State Government shall, if so directed by the Central Government having regard to the number of vehicles, road conditions, and other relevant matters, by notification in the Official Gazette, direct a State Transport Authority and a Regional Transport Authority to limit the number of stage carriages generally or of any specified type, as may be fixed and specified in the notification, operating on city routes in towns with a population of not less than five lakhs.
(b) Where the number of stage carriages are fixed under clause (a), the Government of the State shall reserve in the State a certain percentage of stage carriage permits for the scheduled castes and the scheduled tribes in the same ratio as in the case of appointments made by direct recruitment to public services in the State.
(c) Where the number of stage carriages are fixed under clause (a), the Regional Transport Authority shall reserve such number of permits for the scheduled castes and the scheduled tribes as may be fixed by the State Government under sub-clause (b).
(d) After reserving such number of permits as is referred to in clause (c), the Regional Transport Authority shall, in considering an application, have regard to the following matters, namely:—
(i) Financial stability of the applicant;
(ii) Satisfactory performance as a stage carriage operator, including payment of tax if the applicant is or has been an operator of stage carriage service; and
(iii) Such other matters as may be prescribed by the State Government:
Provided that, other conditions being equal, preference shall be given to applications for permits from—
(i) State transport undertakings;
(ii) Co-operative societies registered or deemed to have been registered under any enactment for the time being in force;
(iii) Ex-servicemen;
[or]
[(iv) Any other class or category of persons, as the State Government may, for reasons to be recorded in writing, consider necessary;]
Explanation.—For the purposes of this section, “company” means any body corporate, and includes a firm or other association of individuals; and “director”, in relation to a firm, means a partner in the firm.
Simplified Explanation
Section 71 of the Motor Vehicles Act details the procedural steps that a Regional Transport Authority (RTA) must follow when considering an application for a stage carriage permit. This section ensures that the process is systematic, fair, and transparent.
Key Procedural Steps
- Review of Application: Upon receiving an application for a stage carriage permit, the RTA first ensures that all required documents and details are properly submitted. This includes route details, vehicle specifications, and the applicant’s credentials.
- Public Notice: The RTA publishes the details of the application to invite public comments. This publication usually specifies a period during which objections or representations regarding the application can be submitted by the public or other stakeholders.
- Consideration of Representations: The RTA reviews all public representations received within the specified period. This step is crucial as it allows the authority to gauge public sentiment and potential impact on existing transport services.
- Public Hearing: If necessary, especially in cases where significant objections are raised, the RTA may hold a public hearing. This provides a forum where the applicant and objectors can present their cases in detail.
- Assessment of Public Interest: The RTA assesses whether granting the permit would serve the public interest. This includes considerations such as:
- Need for Service: Whether there is a public demand for the new service.
- Adequacy of Existing Services: How well current services are meeting public needs.
- Traffic Conditions and Safety: Whether the new service would affect traffic conditions or road safety.
- Environmental Impact: Consideration of the environmental impact of adding new buses to the route.
- Decision Making: Based on the evidence and representations, the RTA makes a decision. It may grant the permit with specific conditions, modify the application’s terms, or deny the application. Conditions might relate to the route, frequency of trips, fare structure, and quality of vehicles.
Additional Considerations
- Coordination with Other Authorities: In cases where routes cross into the territories of multiple RTAs, coordination with other regional authorities may be necessary to ensure uniformity of regulations.
- Timeliness: The entire process is time-bound to ensure that decisions are made promptly, thereby preventing unnecessary delays in the implementation of new or revised transport services.
Impact on Stakeholders
- For Transport Operators: Clear understanding of the application process increases the predictability and fairness of obtaining permits. Operators are also able to adjust their business plans based on the conditions set by the RTA.
- For the Public: Ensures that the community’s transport needs are considered and that any new service will contribute positively to the local transport infrastructure.
Section 71 effectively outlines the responsibilities and procedures for RTAs, promoting transparency and accountability in the management of public transport services, and ensuring that decisions are made with due consideration to public needs and safety.
