1[(1) The hours of work of any person engaged for operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961 (27 of 1961).]
(2) A State Government may, by notification in the Official Gazette, grant such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which could not be foreseen.
(3) A State Government or, if authorised in this behalf by the State Government by rules made under section 96, the State or a Regional Transport Authority may require persons employing any person whose work is subject to any of the provisions of sub-section (1) to fix beforehand the hours of work of such persons so as to conform to those provisions, and may provide for the recording of the hours so fixed.
(4) No person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons under sub-section (3).
(5) A State Government may prescribe the circumstances under which and the period during which the driver of a vehicle, although not engaged in work, is required to remain on or near the vehicle and may be deemed to be an interval for rest within the meaning of sub-section (1).
Simplified Explanation
Section 91 of the Motor Vehicles Act sets forth regulations to limit the working hours of drivers of commercial vehicles, including buses and trucks. This measure is crucial for ensuring the safety of drivers, passengers, and other road users by preventing fatigue-related accidents.
Key Provisions of Section 91
- Maximum Working Hours: This section stipulates the maximum number of hours a driver can legally operate a vehicle within a given period (daily, weekly, and sometimes monthly). These limits are designed to ensure drivers have sufficient rest.
- Mandatory Breaks: The law requires that drivers take breaks at regular intervals for rest and meals. These breaks are not counted as part of the driving hours, ensuring that drivers are adequately rested.
- Record Keeping: Employers are required to maintain detailed logs of drivers’ working hours, including driving time, breaks, and rest periods. These records must be available for inspection by relevant authorities.
- Night Driving Restrictions: There may be additional restrictions on the number of hours a driver can work at night, recognizing the increased risk of fatigue during these hours.
Enforcement and Penalties
- Regular Inspections: Enforcement agencies routinely inspect driving logs and other records to ensure compliance with these regulations. Inspections may occur at checkpoints, during routine stops, or as part of broader compliance audits.
- Penalties for Non-Compliance: Employers and drivers who fail to adhere to these regulations can face penalties, including fines and suspension of driving privileges. In severe cases, non-compliance could lead to criminal charges, especially if it leads to an accident.
Impact on Stakeholders
- For Drivers: Ensures they have adequate rest and are not overworked, reducing the risk of accidents due to fatigue. This is crucial not only for their safety but also for their long-term health.
- For Employers: Encourages better management of work schedules and promotes safer driving practices within their fleet operations. Compliance helps avoid legal penalties and enhances the reputation of the business.
- For the Public and Road Users: Reduces the risk of accidents caused by driver fatigue, contributing to safer roads for everyone.
Compliance Measures
- Training and Awareness: Employers must train their drivers and scheduling managers on the importance of these regulations and the correct way to maintain logs.
- Technological Aids: Many companies use digital log devices that automatically record driving hours, helping to ensure compliance and simplify record-keeping.
Section 91 of the Motor Vehicles Act is a critical component in promoting road safety and ensuring that the commercial driving sector operates under safe working conditions. By regulating the hours that drivers can work, the law helps to mitigate one of the significant risk factors in road safety—driver fatigue.
