(1) Save as provided in sub-section (2), a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorized by the permit.
(2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself:
Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit:
Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder.
(3) The transport authority may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit:
Provided that the transport authority may entertain an application made after the expiry of the said period of three months if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified.
Simplified Explanation
Section 82 of the Motor Vehicles Act deals with the regulations surrounding the transfer of vehicle permits. This is an important provision for ensuring that permits can be legally transferred under certain conditions, such as the sale of a vehicle or the death of the permit holder, without disrupting the continuity of transport services.
Key Aspects of Permit Transfer
- Conditions for Transfer:
- Consent of Authorities: The transfer of any permit requires the prior approval of the Regional Transport Authority (RTA) that originally issued the permit. This ensures that the new permit holder meets all necessary criteria and conditions.
- Notification of Intent: The current permit holder must notify the RTA of their intention to transfer the permit. This notification must include details of the proposed transferee and the reasons for the transfer.
- Criteria for Approval:
- Eligibility of Transferee: The transferee must fulfill the same conditions that were applicable to the original permit holder, including suitability to operate the vehicle, financial capability, and compliance with regulatory requirements.
- Vehicle Condition: The vehicle for which the permit is held must still meet all safety and operational standards as required by the RTA.
- Procedure for Transfer:
- Application: An application for the transfer of a permit must be submitted along with any prescribed fees and necessary documents. This may include proof of sale, death certificate in case of the permit holder’s death, and any other legal documents substantiating the transfer.
- Public Notice: In some cases, the RTA may require that the intention to transfer the permit be published to invite any objections or representations from the public or other stakeholders.
- Impact of Transfer:
- Validity: Upon approval, the transfer does not generally extend the permit’s original expiry date unless specifically reissued or renewed.
- Rights and Responsibilities: The transferee assumes all rights and responsibilities of the permit, including compliance with the terms and conditions under which the permit was issued.
Considerations for Special Cases
- Death of Permit Holder: If a permit holder dies, the permit may be transferred to a legal heir or a person specified in the will, but this still requires approval from the RTA.
- Company Assets: In the case of company-owned vehicles, permits can be transferred to new owners if the company is sold or legally restructured, subject to RTA approval.
Regulatory Compliance and Monitoring
- Documentation and Record-Keeping: Complete and accurate records of the transfer must be maintained both by the RTA and the new permit holder.
- Continuous Monitoring: The RTA continues to monitor the compliance of the new permit holder with all relevant regulations and conditions.
Impact on Stakeholders
- For Operators: The ability to transfer permits legally is crucial for maintaining business operations during transitions such as vehicle sales or inheritance.
- For Regulatory Bodies: Ensuring a seamless transition in permit ownership helps maintain continuous regulatory oversight and service standards.
- For the Public: Effective management of permit transfers contributes to the stability and reliability of transport services.
Section 82 provides a structured legal framework for the transfer of vehicle permits, ensuring that transport services are not disrupted and continue to operate under safe and regulated conditions.
