(1) Subject to the provisions of section 71, a Regional Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
Provided that no such permit shall be granted in respect of any route or area not specified in the application.
(2) The Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:—
(i) That the vehicles shall be used only in a specified area, or on a specified route or routes;
(ii) That the operation of the stage carriage shall be commenced with effect from a specified date;
(iii) The minimum and maximum number of daily trips to be provided in relation to any route or area generally or on specified days and occasions;
(iv) That copies of the time-table of the stage carriage approved by the Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area;
(v) That the stage carriage shall be operated within such margins of deviation from the approved time-table as the Regional Transport Authority may from time to time specify;
(vi) That within municipal limits and such other areas and places as may be prescribed, passengers or goods shall not be taken up or set down except at specified points;
(vii) The maximum number of passengers and the maximum weight of luggage that may be carried on the stage carriage, either generally or on specified occasions or at specified times and seasons;
(viii) The weight and nature of passengers’ luggage that shall be carried free of charge, the total weight of luggage that may be carried in relation to each passenger, and the arrangements that shall be made for the carriage of luggage without causing inconvenience to passengers;
(ix) The rate of charge that may be levied for passengers’ luggage in excess of the free allowance;
(x) That vehicles of a specified type fitted with a body conforming to approved specifications shall be used:
Provided that the attachment of this condition to a permit shall not prevent the continued use, for a period of two years from the date of publication of the approved specifications, of any vehicle operating on that date;
(xi) That specified standards of comfort and cleanliness shall be maintained in the vehicles;
(xii) The conditions subject to which goods may be carried in the stage carriage in addition to or to the exclusion of passengers;
(xiii) That fares shall be charged in accordance with the approved fare table;
(xiv) That a copy of, or extract from, the fare table approved by the Regional Transport Authority and particulars of any special fares or rates of fares so approved for particular occasions shall be exhibited on the stage carriage and at specified stands and halts;
(xv) That tickets bearing specified particulars shall be issued to passengers and shall show the fares actually charged and that records of tickets issued shall be kept in a specified manner;
(xvi) That mails shall be carried on the vehicle subject to such conditions (including conditions as to the time in which mails are to be carried and the charges which may be levied) as may be specified;
(xvii) The vehicles to be kept as reserve by the holder of the permit to maintain the operation and to provide for special occasions;
(xviii) The conditions subject to which the vehicle may be used as a contract carriage;
(xix) That specified arrangements shall be made for the housing, maintenance, and repair of the vehicle;
(xx) That any specified bus station or shelter maintained by the Government or a local authority shall be used and that any specified rent or fee shall be paid for such use;
(xxi) That the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority;
(xxii) That the Regional Transport Authority may, after giving notice of not less than one month,—
(a) Vary the conditions of the permit;
(b) Attach to the permit further conditions:
Provided that the conditions specified in pursuance of clause (i) shall not be varied so as to alter the distance covered by the original route by more than 24 kilometers, and any variation within such limits shall be made only after the Regional Transport Authority is satisfied that such variation will serve the convenience of the public and that it is not expedient to grant a separate permit in respect of the original route as so varied or any part thereof;
(xxiii) That the holder of a permit shall furnish to the Regional Transport Authority such periodical returns, statistics, and other information as the State Government may from time to time prescribe;
(xxiv) Any other conditions which may be prescribed.
Simplified Explanation
Section 72 of the Motor Vehicles Act outlines the conditions and guidelines under which stage carriage permits are granted by Regional Transport Authorities (RTAs). This section is pivotal for regulating public transport vehicles that operate on fixed routes and pick up and set down passengers at designated stops.
Key Guidelines for Granting Permits
- Assessment of Application: Following the procedures outlined in Section 71, the RTA assesses each application based on the needs of the area, the adequacy of existing transport services, and the potential impact on traffic and environmental conditions.
- Criteria for Granting Permits:
- Public Convenience: The primary consideration is whether the service will meet the public’s transport needs and improve convenience.
- Route Coverage: Ensuring the proposed service covers routes that are underserved or where there is significant demand for public transport.
- Operator Competence: Evaluating the applicant’s financial stability, experience, and ability to provide a reliable service.
- Conditions Attached to Permits:
- Operational Conditions: These may include specified routes, timings, frequency of trips, fare structure, and the types and conditions of vehicles used.
- Safety Standards: Compliance with safety standards for vehicles and driving staff.
- Environmental Compliance: Adherence to environmental regulations, particularly regarding vehicle emissions.
- Service Quality: Ensuring that the service provided meets certain quality standards, including cleanliness and maintenance of vehicles.
Decision-Making Process
- Priority System: If there are multiple applications for the same route, the RTA may prioritize applications based on specific criteria, such as the quality of service proposed, financial backing, and past performance of the applicants.
- Transparency: The decision to grant a permit, along with the reasons and conditions, must be communicated clearly to the applicant and made publicly available to ensure transparency.
- Appeal Mechanism: Applicants who are denied a permit or who disagree with the conditions imposed can appeal the decision, typically to a State Transport Appellate Tribunal.
Impact on Stakeholders
- For Operators: Clarity on the permit process and conditions helps operators align their operations with legal and regulatory requirements, promoting fair competition and service quality.
- For the Public: Ensures that public transport services are safe, efficient, and responsive to the needs of the community, enhancing overall public mobility and satisfaction.
Implementation and Compliance
- Monitoring and Enforcement: RTAs are responsible for monitoring compliance with permit conditions and can take corrective actions, including the revocation of permits for serious breaches.
- Periodic Review: Permits are subject to periodic review and renewal, during which compliance with conditions and service quality are reassessed.
Section 72 establishes a structured framework for the granting of stage carriage permits, which is essential for managing public transport effectively and ensuring that it serves the best interests of the public and contributes to an organized transport system.
