(1) Except as may be otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that other region, and a permit granted in any one State shall not be valid in any other State unless countersigned by the State Transport Authority of that other State or by the Regional Transport Authority concerned:
Provided that a goods carriage permit, granted by the Regional Transport Authority of any one region, for any area in any other region or regions within the same State shall be valid in that area without the countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned:
Provided further that where both the starting point and the terminal point of a route are situated within the same State, but part of such route lies in any other State and the length of such part does not exceed sixteen kilometres, the permit shall be valid in the other State in respect of that part of the route which is in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State:
Provided also that—
(a) Where a motor vehicle covered by a permit granted in one State is to be used for the purposes of defence in any other State, such vehicle shall display a certificate, in such form, and issued by such Authority, as the Central Government may, by notification in the Official Gazette, specify, to the effect that the vehicle shall be used for the period specified therein exclusively for the purposes of defence; and
(b) Any such permit shall be valid in that other State notwithstanding that such permit has not been countersigned by the State Transport Authority or the Regional Transport Authority of that other State.
(2) Notwithstanding anything contained in sub-section (1), a permit granted or countersigned by a State Transport Authority shall be valid in the whole State or in such regions within the State as may be specified in the permit.
(3) A Regional Transport Authority when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit and may likewise vary any condition attached to the permit by the authority by which the permit was granted.
(4) The provisions of this Chapter relating to the grant, revocation, and suspension of permits shall apply to the grant, revocation, and suspension of countersignatures of permits:
Provided that it shall not be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where the permits granted in any one State are required to be countersigned by the State Transport Authority of another State or by the Regional Transport Authority concerned as a result of any agreement arrived at between the States after complying with the requirements of sub-section (5).
(5) Every proposal to enter into an agreement between the States to fix the number of permits which is proposed to be granted or countersigned in respect of each route or area, shall be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in the regional language circulating in the area or route proposed to be covered by the agreement together with a notice of the date before which representations in connection therewith may be submitted, and the date not being less than thirty days from the date of publication in the Official Gazette, on which, and the authority by which, and the time and place at which, the proposal and any representation received in connection therewith will be considered.
(6) Every agreement arrived at between the States shall, in so far as it relates to the grant of countersignature of permits, be published by each of the State Governments concerned in the Official Gazette and in any one or more of the newspapers in the regional language circulating in the area or route covered by the agreement and the State Transport Authority of the State and the Regional Transport Authority concerned shall give effect to it.
(7) Notwithstanding anything contained in sub-section (1), a Regional Transport Authority of one region may issue a temporary permit under section 87 to be valid in another region or State with the concurrence, given generally or for the particular occasion, of the Regional Transport Authority of that other region or of the State Transport Authority of that other State, as the case may be.
(8) Notwithstanding anything contained in sub-section (1), but subject to any rules that may be made under this Act by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority, may, for the convenience of the public, [grant a special permit to any public service vehicle including any vehicle covered] by a permit issued under section 72 (including a reserve stage carriage) or under section 74 or under sub-section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contract, and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be.
(9) Notwithstanding anything contained in sub-section (1) but subject to any rules that may be made by the Central Government under sub-section (14), any State Transport Authority may, for the purpose of promoting tourism, grant permits in respect of tourist vehicles valid for the whole of India, or in such contiguous States not being less than three in number including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86 [clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply in relation to such permits.
(11) The following shall be conditions of every permit granted under sub-section (9), namely:—
(i) Every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standards of comfort, amenities and other matters, as the Central Government may specify in this behalf;
(ii) Every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be specified by the Central Government; and
(iii) Such other conditions as may be prescribed by the Central Government.
(12) Notwithstanding anything contained in sub-section (1), but, subject to the rules that may be made by the Central Government under sub-section (14), the appropriate authority may, for the purpose of encouraging long-distance inter-State road transport, grant in a State, national permits in respect of goods carriages and the provisions of sections 69, 77, 79, 80, 81, 82, 83, 84, 85, 86 [clause (d) of sub-section (1) of section 87 and section 89] shall, as far as may be, apply to or in relation to the grant of national permits.
(14)
(a) The Central Government may make rules for carrying out the provisions of this section.
(b) 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:—
(i) The authorization fee payable for the issue of a permit referred to in sub-sections (9) and (12);
(ii) The fixation of the laden weight of the motor vehicle;
(iii) The distinguishing particulars or marks to be carried or exhibited in or on the motor vehicle;
(iv) The color or colors in which the motor vehicle is to be painted;
(v) Such other matters as the appropriate authority shall consider in granting a national permit.
Explanation.—In this section,—
(a) “appropriate authority”, in relation to a national permit, means the authority which is authorized under this Act to grant a goods carriage permit;
(b) “authorization fee” means the annual fee, not exceeding one thousand rupees, which may be charged by the appropriate authority of a State to enable a motor vehicle, covered by the permit referred to in sub-sections (9) and (12), to be used in other States subject to the payment of taxes or fees, if any, levied by the States concerned;
(c) “national permit” means a permit granted by the appropriate authority to goods carriages to operate throughout the territory of India or in such contiguous States, not being less than four in number, including the State in which the permit is issued as may be specified in such permit in accordance with the choice indicated in the application.
Simplified Explanation
Section 88 of the Motor Vehicles Act provides the framework for the use of vehicles with permits issued in one region to legally operate in another region. This provision is critical for facilitating seamless inter-state or inter-regional transport, enabling vehicles to cross regional boundaries without the need for multiple permits, thus promoting economic and social integration.
Key Features of Inter-Regional Permit Validation
- Reciprocal Recognition: Permits issued in one region are often recognized in another, based on reciprocal agreements between different Regional Transport Authorities (RTAs). This mutual recognition ensures that vehicles can operate across regions without needing additional permits.
- Application for Validation:
- Procedure: Permit holders wishing to operate their vehicle in a region other than the one where the permit was originally granted must apply for validation of their permit in the new region.
- Documentation: This application typically requires documentation proving that the vehicle and operator comply with the standards and regulations of both the originating and the destination region.
- Terms and Conditions:
- Validity Period: The validation of a permit for use outside the region where it was granted is subject to a validity period, which might be limited to the duration of the need to operate outside the region.
- Operational Restrictions: Specific conditions and operational restrictions may be applied depending on local traffic laws and regulations in the destination region.
- Agreements and Compacts:
- Inter-State Agreements: Many states enter into formal agreements to allow the mutual recognition of permits without requiring additional formalities.
- National Permits: For goods vehicles, national permits may be issued that allow operation across all states under a single permit, simplifying logistics and transport operations on a national scale.
Regulatory Compliance and Monitoring
- Compliance Checks: Vehicles operating under an out-of-region permit are subject to compliance checks to ensure they adhere to local traffic rules and permit conditions of the destination region.
- Renewal and Extension: Validation for out-of-region operation may be renewed or extended based on ongoing agreements or changes in regulations.
Impact on Stakeholders
- For Transport Operators: Enables broader operational scope without the bureaucratic burden of obtaining new permits for each region, facilitating smoother and more efficient logistics.
- For Regulatory Authorities: Helps maintain regulatory oversight across regions, ensuring that vehicles operating out-of-region comply with local regulations.
- For the Economy and Public: Enhances connectivity and mobility across regions, supporting economic activities and providing the public with more comprehensive transport services.
Section 88 is instrumental in supporting the mobility of goods and passengers across different regions, thereby enhancing the efficiency of the transport system and supporting national economic integration. This section lays the groundwork for more unified and cooperative transport regulations across different regional jurisdictions.