(1) A Regional Transport Authority may, on an application made to it under section 77, grant a goods carriage permit to be valid throughout the State, 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 area or route not specified in the application.
(2) The Regional Transport Authority, if it decides to grant a goods carriage permit, may grant the permit 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 vehicle shall be used only in a specified area or on a specified route or routes;
(ii) That the gross vehicle weight of any vehicle used shall not exceed a specified maximum;
(iii) That goods of a specified nature shall not be carried;
(iv) That goods shall be carried at specified rates;
(v) That specified arrangements shall be made for the housing, maintenance, and repair of the vehicle and the storage and safe custody of the goods carried;
(vi) That the holder of the 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;
(vii) 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;
(viii) That the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority;
(ix) Any other conditions which may be prescribed.
(3) The conditions referred to in sub-section (2) may include conditions relating to the packaging and carriage of goods of a dangerous or hazardous nature to human life.
Simplified Explanation
Section 79 of the Motor Vehicles Act details the procedures and considerations involved in granting goods carriage permits by the Regional Transport Authorities (RTAs). This section is critical for regulating the operation of vehicles used in transporting goods, ensuring that such services are safe, efficient, and meet the prescribed standards.
Key Elements in the Granting of Permits
- Assessment of Application: Based on the considerations outlined in Section 78, the RTA evaluates each application to ensure that the applicant meets all necessary requirements, including safety standards, vehicle suitability, and operational capabilities.
- Criteria for Granting Permits:
- Public Need: The permit is granted only if there is a demonstrated need for additional goods transportation capacity in the area, and the service provided by the applicant is expected to meet this need effectively.
- Vehicle Compliance: The vehicle must comply with all relevant safety and environmental regulations. This includes inspections to verify that the vehicle is suitable for carrying the types of goods described in the application.
- Operational Efficiency: The applicant must demonstrate the ability to operate efficiently without causing undue congestion or environmental damage.
- Conditions Attached to Permits:
- Route and Area of Operation: The permit may specify certain routes or areas where the goods carriage can operate, particularly if the operation might impact traffic flow or road safety.
- Types of Goods: There may be restrictions on the types of goods the vehicle can transport, especially if carrying hazardous materials.
- Compliance Requirements: Conditions regarding regular maintenance of the vehicle, adherence to traffic laws, and environmental regulations must be strictly followed.
Decision-Making Process
- Transparent Procedures: The decision to grant or deny a permit must follow transparent procedures, ensuring that all applicants are treated fairly and equitably.
- Public Participation: As part of the decision-making process, input from the public, especially from those potentially affected by the goods carriage operations, is considered.
- Issuance of Permit: If the application is approved, the RTA issues the goods carriage permit detailing all conditions and requirements. The permit will include specifics such as vehicle identification, permitted routes, and operational conditions.
Monitoring and Compliance
- Regular Inspections: The RTA conducts regular inspections to ensure that the terms of the permit are being adhered to and that the vehicles remain in compliance with all safety and operational standards.
- Renewal and Revocation: Permits are subject to periodic renewal, during which the continued suitability of the vehicle and operator is assessed. Permits can be revoked or suspended if the operator fails to comply with the terms.
Impact on Stakeholders
- For Operators: Clear guidelines and defined conditions help operators understand their responsibilities and legal obligations, promoting compliance and efficient operation.
- For the Public and Environment: Ensures that goods carriage operations do not adversely affect public safety or the environment, contributing to overall societal well-being.
Section 79 establishes a structured framework for the issuance of goods carriage permits, essential for maintaining an organized and safe goods transportation system that supports economic activities while protecting public interests.
