(1) A State Government may make rules to regulate, in respect of stage carriages and contract carriages, the conduct of passengers in such vehicles.
(2) Without prejudice to the generality of the foregoing provision, such rules may—
(a) Authorise the removal from such vehicle of any person contravening the rules by the driver or conductor of the vehicle, or, on the request of the driver or conductor, or any passenger, by any police officer;
(b) Require a passenger who is reasonably suspected by the driver or conductor of contravening the rules to give his name and address to a police officer or to the driver or conductor on demand;
(c) Require a passenger to declare, if so demanded by the driver or conductor, the journey he intends to take or has taken in the vehicle and to pay the fare for the whole of such journey and to accept any ticket issued therefor;
(d) Require, on demand being made for the purpose by the driver or conductor or other person authorised by the owners of the vehicle, production during the journey and surrender at the end of the journey by the holder thereof of any ticket issued to him;
(e) Require a passenger, if so requested by the driver or conductor, to leave the vehicle on the completion of the journey for which he has paid the fare;
(f) Require the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him;
(g) Require a passenger to abstain from doing anything which is likely to obstruct or interfere with the working of the vehicle, to cause damage to any part of the vehicle or its equipment, or to cause injury or discomfort to any other passenger;
(h) Require a passenger not to smoke in any vehicle on which a notice prohibiting smoking is exhibited;
(i) Require the maintenance of complaint books in stage carriages and prescribe the conditions under which passengers can record any complaints in the same.
Simplified Explanation
Section 95 of the Motor Vehicles Act empowers state governments to establish specific rules governing the operation of stage carriages and contract carriages. This provision is critical as it allows for localized control and regulation tailored to the unique needs and conditions of each state, enhancing the management of public and private transport services.
Key Aspects of Section 95
- Scope of Rules:
- Stage Carriages: These are vehicles that operate on a fixed route and pick up passengers at designated stops. The state government can make rules regarding their routes, frequency, fare structures, and standards of service.
- Contract Carriages: These include vehicles hired for specific journeys with defined points of departure and destination, like taxis or rental vehicles. Rules may cover aspects such as fare calculation, booking procedures, and quality standards.
- Rule-Making Authority:
- Fares and Charges: The state can set guidelines on how fares should be calculated and collected, ensuring that they are fair and reasonable.
- Safety and Maintenance Standards: Rules to ensure that vehicles are safe, well-maintained, and suitable for carrying passengers.
- Driver Qualifications: Regulations concerning the qualifications, training, and conduct of drivers to ensure safe and professional service.
- Service Quality: Standards for the quality of service provided, including cleanliness, timeliness, and customer service.
Procedures for Rule-Making
- Consultation Process: Typically, the state government will consult with various stakeholders, including transport operators, passenger groups, and local authorities, to gather input before finalizing the rules.
- Notification: Proposed rules are usually published as a draft to allow for public comments before they are finalized, ensuring transparency and community involvement in the rule-making process.
Legal and Regulatory Framework
- Implementation and Enforcement: Once established, these rules are enforced by regional and state transport authorities, which may conduct inspections, issue fines, and take other actions to ensure compliance.
- Penalties for Non-Compliance: Specific penalties for violating these rules are typically outlined, which can include fines, permit suspensions, or revocations.
Impact on Stakeholders
- For Transport Operators: Clear guidelines help operators understand their responsibilities and the standards they need to meet, facilitating compliance and planning.
- For Passengers: Ensures that passengers receive safe, reliable, and fair transportation services.
- For Local Governments: Empowers local authorities to manage and regulate transport services effectively, addressing the specific transportation needs of their populations.
Section 95 of the Motor Vehicles Act is essential for the decentralized management of transport services, allowing state governments to adapt rules to local conditions and needs, thus improving the overall effectiveness and efficiency of public and private transport within their jurisdictions.
