Central Library, Visva-bharati
The Motor Vehicles Act
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तमसो मा ज्योतिर्गमय
XX
SANTINIKETAN
VISWA BHARATI
LIBRARY
346.9
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THE
MOTOR VEHICLES ACT,
BY
NRIPENDRA NATH DHAR, B. L.
Vakil, High Court, Calcutta.
CALCUTTA.
M. C. Sarkar & Sons
90/8A, HARRISON ROAD
1927
Published by
S.C. SARKAR OR M. C. SANKAR & SONS
golan, Harrison Road, Calcutta.
Printed by
RAMESH CHANDRA CHAKRABUKTTY,
METCALFE PRINTING WORKS,
34, Mechuabasar Street, Calcutta.
CONTENTS. I III IX XVI Intiroduction Bummary of the Act The Indian Motor Vehicles Bill Statement of Objects and Reasons Proceedings of the Council of Governor General of India Report of the Select Committee The Indian Motor Vehicles Act, 1914 XV ... .. ... XX 1 APPENDIX 1 ... ... I The Motor Vehicles International Circulation Rules, 1915 II The Motor Vehicles (Native States) Rules, 1916 9 ... ... • 12 24 III Bengal Motor Vehicles Rules IV Calcutta & Howrah Motor Vehicles Rules V Madras Motor Vehicles Rules VI United Provinces Motor Vehicles Rules V Bombay Motor Vehicles Rules 52 68 ... 88 ERRATA Add the words another Bye-law framed by Govern" between the last line of page 10 and firsti line of page 11. [Sec. 11.)
TABLE OF CASES. Aklu and another Emp. Lorrymore v. Purnendu Das 8, 14 viii ... v. Baidyanath Bose Emp. Madan Mohan Rainą u. Emp. 12 .. ... 8 .. Barwick v. English Jonit Stock Bank vii Said Mahammad Emp. v. 12 Blyth 0. Birmingham Waterworks Co. vi ... Mahammad Emp. Surity Singha v. 14, 18 Charan Emp. 5, 19 Maksuddin Mistry Emp. Dekhlia Kumbi v. Emp. 8, 20 18 ... ... Nalini K. Sen Gupta v. Corporation of Calcutta 15 ... Emp. v. Baker 18 Emp. v. Babappa 6, 18, 20 Emp. v. Cooverji 18 Emp. 0. Khodabux 3 Emp. v. Sperton 13 ... Rathnam v. Emp. 13 .. ... Reg v. Nidamarti Mutteh Khan Secy. of State v. Garapati Somayya Gul Mahommad 15 ... H. C. Bayne 4 Sohan Singh v. Emp. ... 13 E. W. Smith 6 ... Indian Motor Taxi-Cab Co. v. Corporation of Calcutta Sudhamoy v. Chairman, Krisnagar Municipality 14 ... ... 11 Varaj Lall v. Emp. 12 Jehangir, D. Davar, In John W. J. Rees Young 7 Krishnaswami Iyer, G. In TB 12 ... ... Wayde v. Lady Carr vij Leivre y. Gould, In vi Yar Mahomed v. Emp.
INTRODUCTION. more as an now an Thirty years ago the sight of a motor car in India inspired wonder and admiration, and it was looked upon object of luxury than of utility. To day one notices all sorts of motor vehicles plying the big thoroughfares of capital cities and their suburbs, nay even the unmetalled roads of " isolated villages situated several milos away from the railway line. It is no longer regarded as an object of luxury : it is article of indispensable necessity. It has supplanted to a considerable extent the pre-existing methods of transport in the country which failed, totally or partially, to reach the innermost recesses of the inhabited area. It is in fact a matter of évery day experience that the need of a motor vehicle and the appreciation of the service rendered by it are very much in evidence in places situated far away from the railway line or the river. It fills our heart with joy and relief to find motor buses and lorries eagerly waiting at almost every railway station and steamer ghat to convey sojourners from distant lands to their destination with the least expense and delay. Not only to doctors and lawyers, morchants and businessmen, but in fact to all to whom Time is Money, the possession of a motor car is an invaluable asset. It is now as useful as the telephone or the telegraph system. In moving for leave to introducc "the Bill to consolidate and amond the Law of Motor Vehicles in India" in the Imperial Council, the Hon'ble Mr. Wheeler observed : “The use of motor cars is extend. ing rapidly as is shown by the custom statistics of the value of the motor vehicles imported. Thus, to take the last five years only, we find that in 1908-9 this was roughly 43 lakhs; in the succeeding year there was a small, advance to Rs. 47} lakhs; 1909-11 a large jump to Rs. 731 lakhs, while the figures in the next year went up to one crore, and in 1912-13 to over Rs. 11 crores. That is very marked and speedy development. More people are using cars every year, and see in the papers motor journeys throughout the country are growing in popularity...... It seems probable that outside tourists will resort in growing numbers to this mode of locomotion." The above depicts the quinquennial progress that the motor trade made in Britisk Indian territories fourteen year ago. The value of motor cars imported into India from abroad during the seven months, 1st April to 31st October, was in 1924, 1925 and 1926, Rs. 1,21,10,755, Ra. 1,30,18,540, and Rs. 1,52,36,495 respectively, The cars came from U.S.A., Canada, the United Kingdom, Belgium, France, Italy and other countries, the largest exporters being U.S.A., Canada and U.K. Of the cars Bengal took 30 p. c. Bombay 29 p. c. Sind 15 p. c., Madras 15 p. c. and Burma 11 p. c. Besides car, during the same seven months in 1924, 1925 and 1926 motor cycles were imported into India of the total value of Rs. 5,41,741, Rs. 4,67,108, and Rs. 6,07,623 respectively." In recent years motor cabe have proved a great boon, and with the taximeter, are yielding very profitable returns to their proprietors. There has also been a remarkable increase in the number of motor vonicles used for industrial, business and military purposes. The placing of large number of motor omnibunes in service was had the saw ar we can + Bome THE MOTOR VEHICLES AOT. . a on offect of dislocating street traffic somewhat, and the risk of life resulting from this traffic in the chief cities of India is a serious monace to public safety. To meet all classes of contingencies consequent jupon the very rapid development of the motor traffic the existing laws of the country were found inadequate, and the present Act was passed. A perusal of the "Statement of Objects and Reasons" of the Bill and the speech of the Hon'ble Mover of the Bill in the Imperial Council will give the reader clear insight of the circumstances necessitating the passing of the present Act. The papers named above together with the Draft Bill as originally presented to the Council, and the Report of the Select Committee appointed to consider it, have been incorporated in the present work. A Bill to amend the existing law of motor vehicles in England will, it is said, be shortly introduced in the British Parliament. In view of the fact that new models of cars with new appliances and machinery are being daily imparted into India requiring the framing of new rules for their construction, equipment and management, it is probable that in near future the Indian law may have to be revised in the line of the English Law when that is passed. In justice to the manufacturers and dealers of motor vehicles in America and the Continent, it must be acknowledged that their supply of this blessed article of conveyance is quite in keeping with its daily increasing demand. To suit the purse of a person of moderate income who finds it advantageous to keep a car of his own but can ill afford to cut down his daily bill, manufacturers have not only reduced the price of the machine but bave offered to sell it on the terms of easy payment system by small monthly instalments. Although the present work is primarily intended as a reference book for Judges and lawyers, it has been so arranged as to meet the requirements of the owners, drivers, manufacturers and dealers, and even of the prospective buyers of motor vehicles. It has been deemed advisable, therefore, to give a bird's eye view of the existing law of motor vehicles in India elucidated by concrete cases devoid of technical complexities. It is hoped that this summary of the law will be of considerable use to persons who wish to acquire a tolerable knowledge of the motor vehicular law and have not the time and patience to go through the whole book. The cases decided by the various High Courts in India and published in official and non-official reports have been collected up to the year 1927 and cited in their appropriate places under the sections of the Act. References to English have also been given, wherever necessary. As the Rules framed by the Government of India under Bection 14 of the Indian Motor Vehicles Act, 1914, and those framed by the Local Governments of India under section 11 of the Act "have effect as if enacted in the Act” they have been fully reproduced in the Appendix. A valuable index with cross references has been added to enhance the utility of the work. Hooghly. 16th April, 1971. N. N. D. cases SUMMARY OF THE ACT. . A Bird's eye view of the Law of Motor Vehicles in India deduced from the Act and supported by concrete cases, The Legislature have taken great care in framing rules relating to the selection and eligibility of the driver of a motor vehicle. In the first place it lays down that no person under the age of eighteen years shall drive a motor vehicle in any public place(1). To ensure a greater amount of care and responsibility on the part of the driver, the law insists that no person shall drive a motor vehicle in a publie place unless he is licensed in a prescribed manner(2). It has been further enacted that the driver of a motor vehicle shall produce his license on demand by a police officer (3). Of course, there is no prohj. bition against the driving of a car by a properly licensed person who has not got his license with him. What is an offence under the Act is the non-production of the license on demand by any police officer(4). If a person driving al motor vehiclc does not produce his license immediately when called upon to do so by a police officer, he is guilty under the Act. The fact that the driver has taken out a lioense but left it at home is not sufficient to exonerate him from the offence. "The words 'upon demand' are clear and can have only one meaning, namely, at once, directly the demand is made. The reason of the rule is obvious; if a person driving a car has not his license and cannot produce it immediately and if he be allowed to go away, it will be open to any body to evade the Act and at once depart and never be seen any more by the police officer concerned. The number on the car will only inform the police as to the uwnership of the car, but it would not inform them who was the driver(5).” Although the Act does not specifically lay down that a driver shall have his license on his person when driving a car but the requirement of the law that driver shall produce his license demand pre-supposes that the license must be on the person of the driver. Again, the law says that the holder of a license shall not allow it to be used by any other person (6). Now, if a properly licensed driver be excused when he says, on demand, that although he has taken out a license he has left it at home, it is not improbable that his license may meanwhile be utilised by another person who has not taken out a license under the Act: the transferability of a license may thus be indirectly encouraged. on (1). 5.3, Act VIII of 1914. The English law prescribes an age limit of 17 years in the case of drivers of motor cars, with a lower limit of 14 years in the case of motor cycles. (2). 8.6, ibid (3). 8.8, ibid. (4). Dekhlia Kumbi 0. Emp., 65 I.C. 425. (5). Madan Mohan Raina v. Emp., 18 A:L:J! 933 : (6). 8.7, Act VIII of 1914, .
THE MOTOR VEHICLES ACT, W&S a SO. It has been held that a police officer can ask the driver for his licenne even in the private grounds of a person(1). But it observed by the Judges in this case that "it is a harsh way of administering the law to institute a prosecution against a properly licensed chauffeur simply because he may have not got the license on his person. The offence, if at all, is a technical one and does not merit prosecution." Local Governments have been empowered by S.11 of The Indian Motor Vehicles Act, 1914, to make rules which shall have the same force of law as the Act itself, and drivers must con. form to these rules in their respectivo Provinces in all matters relating to the subject. For example it has been distinctly laid down in Assam Rules (2) that "Eevry driver of a motor vehicle shall carry his license and permit on the motor cab and produce it....... Now a breach of the above rule in Assam will be an offence punishable under the Act. Under the Englísh law a police constable may arrest without warrant driver who refuses to produce his license on drmand, but under the Indian law he is not permitted to do The gragting of a license and the fee payable for its renewal, etc., ara regulated by the rules made by the Local Governments in this behalf. It may be noted here that driving licenses which are current in one Province are accepted as valid also in other Provinces. In the case of persons receiving instructions in driving, it is generally held ar a sufficient compliance with the law if they accompanied by licensed drivers on their side; and for the purpose of driving on public places, the Local Governments have fixed certain hours during which, and certain area within which such driving is prohibited, The owner of every motor vehicle shall cause it to be registered in the manner provided by rules of his Province(3). It is also necessary that every transfer of ownership of a motor vehicle must forth with be reported to the registering authority by the registered owner and by the transferee(4). Certificates of registry granted in one Province are accepted as valid in other Provinces. Certain Native States have been granted reciprocity in matters of licensing and registration in this respect(5). The offences under the Indian Motor Vehicles Act are not at all punishable with imprisonment, but with fine only. For contravention of any of the provisions of this Act, or of any rule made thereunder, the maximum limit of fine that can be imposed on conviction is rupere one hundred for the first offence, and rupees two hundred when there is a previous conviction (6). But when person is convicted of reckless and negligent driving the Court is empowered to fine are a (1). Aklu and another v. Emp., 27 Cr.L.J. 1072 : (2). Vide Assam Motor Vehicles Rules, Part II, Rule 22 Cl. (4). (3). Vide S. 10, Act VIII, of 1914. (4). Vide Provincial Rules. (5). Vide The Motor Vehicles (Native States) Rules, Appendix. (6). 8.16 Act VIII of 1914.
THE MOTOR VEHICLES ACT. on an means. was op 'to the maximum limit of five hundred(1). The Bombay High Court remarked (2) that "& fine inflicted accusede person should not be excessive, having regard to his pecuniary In their opinion “the best way to stop dangerous driving of motor cars is for the Court, on a conviction of the offender under 8.5 of the Indian Motor Vehicles Act, instead of imposing a fine disproportionate to the pecuniary means of the latter, to exercise its powers under sub-sec. (2) of s.18 of the Act, and to cause particuları of the conviction to be endorsed on the license held by the offender, and to cancel or suspend that license, or to declare the offender dis qualified for obtaining a license either permanently or for such period as it thinks fit," the reason being that the exercise of such power "is likely to have a deterrent effect, especially if the accused earns his livelihood by driving motor cars.” But where an accused fined Rs. 50 and his license was ordered to be cancelled by the trying Magistrate for rash and negligent driving, the Allahabad High Court observed that "having regard to the fact that the accused had never boen previously convicted for bad driving the sentence passed on him was "too severe," and that the order of the Magistrate directing the license of the accused to be cancelled ought to be set aside(3).” Under the Indian Penal Code the punishment provided for rash and negligent driving is imprisonment of cither description extending up to six month, or fine up to rupees one thousand (4). Where the accused, while driving a motor car on the wrong side of the road at blind corner between two roads of considerable traffic came in colli. sion with a motor bicycle and caused damage to the side car of the bicycle, it was held that the accused was guilty of an offence under S.279, I.P.C., and the sentence of three months' rigorous imprisonment passed on the accused by the lower Court was upheld(5). It us urged on behalf of the accused in this case that a more appropriate section would be 8.5 of the Indian Motor Vehicles Act. But the Judges remarked "that the offence of the accused is more serious than that contemplated by that section. That section seems rather to refer to a person who is driving a car in a Dianner which would in ordinary circumstances be proper, but owing to the special condition of the road at the time he is riding on it is improper. It does not cover the case where 18 not on the right side of the road, which is always and in every condition improper.” It may be noticed in this connection that although an offence is expressly made punishable by a special or local law, yet it is punishable under the Penal Code, if the acts come within the definitions of the Code(6). If the accused is guilty of a specific offence under the Indian Penal Code, he should be convicted under the Code if the punishment under the Special Act is not adequate(7). a man (1). S.5, Act VIII of 1914. (2). Emp. v. Basapa, 27 Bom. L. R. 1056: 26 Cr. L.J. 1536. (3). Charan Singh v. Emp., 23 A.L.J. 790: 26 Cr. L.J. 1256. (4). S.279, I.P.C. (5). Yar Mahomed v. Emp., 26 Cr. L.J. 253. (8). Gul Mahammed P. R. No. 26 of 1915. (7). Futteh Khan (1874), P. R. 11 of 1874.
THE MOTOR VEHICLES AOT, & to ог In a Bombay case(1), however, it was held that “where thore to Special Statute, such as the Bombay Motor Vehicles Act (Bombay Aot II of 1904) which penalises the rash driving of a motor, the punishment should be under such Statute." But a person cannat be punished both under the Special Act and the Indian Penal Code for the same offence. What constitutes reckless and negligent driving is to le determined by the circumstances of each particular case. “If a man is driving along a road, it is his duty not to do that which may injure another person whom he meets on the road, or to his horse, or his carriage......... If a man is driving at Salisbury Plain and no other person is near him, he is at liberty to drive as fast and as recklessly as he pleases. But if he sees another carriage coming near to him, immediately a duty arises not to drive in such a way as is likely ta cause an injury to that other carriage. So too, if a man is driving along a street in a town, a similar duty not drive carelessly arises out of contiguity neighbourhood (2)." Negligence has been defined to be "the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do(3). Calpable rahsness is acting with the consciousness that the mischievous and illegal consequences may follow, but with the hope that they will not, and often with the belief that the actor has taken sufficient precautions to prevent their happening. The imputability arises from acting despite the consciousness. Culpable negli. gence is acting without the consciousness that the illegal and mischievous effect will follow, but in circumstances which show that the actor has not exercised the caution incumbent upon hiin, and that, if he had, he would have the consciousness. The imputability arises from the neglect of the civio duty of circumspection ()." It is apparent from the definitions quoted above that various facts have to be taken into consideration for convicting a person of rash and negligent driving. Generally speaking, a driver of a motor vehicle is bound to obey the rule of the road; but "a deviation from it may upon occasion be not only justified but actually necessary (5). Where a person who was driving his motor car late at night, found a horse carriage, a little ahead of him, crossing from the left to the right of the road, seeing that it was safe to pass the carriage in front on the left, he tried to pass it on the left; but, as he was doing so, the carriage in front suddenly swerved again to the left, with the result that the motor into it. The person was on these facts >> ran (1). H. C. Bayne, (1906), 8 Bom. L. R. 414. (2). Per Esher, M. R., in Le Licore v. Gould, (1893), I. Q. B. 491, 497. (3). Bhyth Birmingham Waterworks Co., (1856) 11 781, 784. (4). Reg. v. Nidamarti, (1872), 7 Mad H. C. 219, Holloway, J. (5). In re Jehangir D. Daver, 13 Bom. L.R. 126.
THE MOTOR VEHICLES ACT. convicted and sentenced by the Chief Presidency Magistrate for driving his motor recklessly and nogligently. It was held by the High Court that the carriage driver having first directed his carriage towards his right was not justified in so suddenly changing his course back to the left as to place the overtaking motor in the position of difficulty which he did; and that, therefore, he could not be said to have been reckless and negligent in driving his car within the meaning of the Act(1). "The mere passing of another vehicle on the left is no doubt primarily evidence of negligence, but the inference arising from this solitary circumstance may be rubutted by other circumstances appearing in the case(2)." But drivers of motor cars should not attempt to pass a car in front of them by going on to the wrong side of the road, unless they can see the road in front is so absolutely clear of traffic coming from the opposite direction, that they can get back again on to the proper side of the road without any risk of accident. It is only when the road is so clear that there can be no possible chance of any accident that any attempt may be made to pass the car in front of the driver(3).' To sum up, reckless driving includes the driving of "a motor vehicle in a public road or place recklessly or negligently, or at a speed or in a manner which is likely to endanger human life, or to cause hurt or injury to any person or animal or damage to any vehicle or property, or which is otherwise than reasonable and proper, having regard to all the circumstances of the case, including the nature and condition of the road, and to the amount of traffic which is actually it at the time, reasonably be expected to be it." A master is generally answerable for every Buch wrong of his servant committed in the course of the service though no express command or privity of the master be proved(4). Although the particular act which gives the cause of action may not be authorised, still, if the act is done in the course of employment which is authorised, the master is liable for the act of his servant. Where the accused was the owner of a motor taxi-cab in Calcutta and his driver improperly drove the car into a drain, thereby injuring the passengers, he was held liable for the contravention of the rules committed by his licensee or servant during the period of the license(5). In this case, the driver absconded and he could not be traced. Proceedings were taken, therefore, against the owner under Rule 3 of the Calcutta Motor Vehicles Rules the owner "having caused or permitted" the action of the driver. Now the question arises whether a master is liable for criminal acts of his servant done without his knowledge, but in the course of his employ. ment. It is a recognised principle of civil liability that the master is liable for all tortious acts of his servant done in the course of his employment and for the master's benefit. But he is not criminally rosponsible for the unauthorised acts of his servants. Where on or which may on as (1). In re Jehangir D. Davar, 13 Bom. L.R: 126. (2). Batchelor, J. in ibid case. (3). Wayde v. Lady Carr, (1823) 2 Dowand Ry, 255, followed in the in re Jehangir D. Davar. (4). Barwick 0. English Joint Stock Bank, (1867). (5). Baidyanath Bose V. Emp., 22 C.W.N, 72, ... THE MOTOR VEHICLES ACT. was car car was rear or chaufeur lelt the car in the street in charge of the cleaner, who was fo.bidden to drive, and went to a neighbouring workshop, while the cleaner started the car and drove it against & Corporation lamp post breaking it to pieces, it was held that the master could not be held liable merely on the ground that the cleaner was his servant, for the reason that driving the car lay outside the scope of cleaner's employment(1). Again, where the owner of a motor lorry drove it at an excessive speed and where the owner had cautioned the driver not to exceed the regulation speed and to drive with due care and caution, it was held that driver alone liable(2). Or again, where the driver drove the without lights after lighting up time in Mhe absence of the master, it was held that the master was not liable(3). A similar view was taken by the Burma High Court where a driven by the chauffeur of the accused (who was the owuer of the car) without a proper rear light, the facts being that though provision had been made for a light, yet the illumination on the particular occasion was not sufficient to render the registered number legible at a reasonable distance, it was held that the owner was not responsible(4). Although there can be no civil action for negligence if the negligent act omission has not been attended by any injury to any person, bare negligence involving the risk of injury is punishable criminally though nobody is actually hurt by it. When any hurt is actually caused to any person by the negligent act of another person, the injured party has his remedy both in a Civil and in a Criminal Court. For the tortious act of the wrongdoer the Civil Court orders him to compensate the injured party, and in a Criminal Court the State punishes the offender in the interests of society. In case of collision or injury arising out of rash driving the aurnal driver and not the owner of the carriage is liable(5); whereas, in a Civil suit the injured party has an option to suc any or both of them. In a suit for damages in a collision case it is specially necessary that the plaintiff in framing his statement of claim, should set out the circumstances of the collision, so far as they are known to him with clearness and accuracy to enable his adversary to know the case he has to meet; he should also state in specific terms the particular acts of negligence which according to him, caused the collision (6). It seems guit for compensation for injury caused by an offence under the Indian Motor Vehicles Act is excepted from the cognisance of a Court of Small Causes(7). In a criminal action the accused will, be liable even thougb there has been contributory negligence on the part of the prosecutor which would incapacitate him from bringing a civil suit. a V. (1). Nalini Ranjan Sen Gupta Corporation of Calcutta 29 C.W.N. 815. (2). Varaj Lall v. Emp. 28 C.W.N. 854 : 51 Cal. 348. (3). Sohan Singh v. Emp., 19 Cr:L:): 198. (4). Mahomed Surity v. Emp. 25 Cr. L.J. 196: (5). Lorrymore v. Purnedu Deo, (1870), 14 W.R. 32. (6). W. J. Rees v. John Young, 25 C.W.N. 519. (7). Vide Sch. II, Art. 35, Sub-cl. (ii) Provincial Small Cause Courts Act, INDIAN MOTOR VEHICLES BILL. Government of India. Legislative Department. was The following Bill introduced in the Council of Governor Genoral of India for the purpose of making Laws and Regulations on the 17th September, 1918. No. 12 of 1913. A Bill to consolidate and amend the law relating to Motor Vehicles įn British India; It is hereby enacted as follows:- PART I. Preliminary. called the Indian Short title. extent commencement. and 1. (1) This Act may be Motor Vehicles Act, 19. (2) This Act, except Part III thereof, extends to the whole of British India including British Beluchistan, the Sonthal Parganas and the Pargana of Spiti. Part III extends in the first instance only to the Provinces of Madras, Bombay, Bengal, the United Provinces of Agra and Oudh, the Punjab, Burma, Bihar and Orissa, and the North Western Frontier Province. The Local Government may, by notification in the local official Gazette, extend Part III to any othor part of British India. come (3) It shall into foroe on such date as the Governor General in Council, by notification in the Gazette of India, may direct. 2. "Motor Vehicle" includes a vehicle, carriage or other means of conveyance propelled, or which may be propelled, on a road by definitions, electrical mechanical power either entirely or partially. or "Public Place" means & road, street, way or ather place, whether a thoroughfare or not, to which the public are granted access or over which they have a right to pass.
case or PART II. Provisions of General Application. Prohibition 3. (1) No driving the person under ago of sistoon motor vehiyears shall drive a motor vehicle in any public cles by persons place. under 16. (2) No owner or person in charge of a motor vehicle shall permit or allow any person under the age of sixteen years to drive the same in any public place; and in the event of a contravention of sub-section (1), the onus of proving that the motor vehicle was driven without his permission or consent, shall rest on the owner or person in charge of the vehicle. 4. The person in charge of a motor vehicle shall cause Mho Duty to stop vehicle to stop and to remain stationary so long vehicle for regulating traas may reasonably be necessary fic and in the of accident. (a) When requested to do so by any police officer for the purpose of regulating traffic ascertaining his name or address with a view to prosecuting such person under this Act or for any purpose connected with the enforcement of the provisions of this Act or the rules thereunder, or (b) When requested to do so by any person having charge of a horse or other animal (whether led, driven or ridden) if such person apprehends that the animal is, or will be, alarmed by the motor vehicle, or (c) When he knows or has reason to believe that an accident has occurred to any person or to any animal vehiole in charge of a person owing to the presence of a motor vehicle on the road, and he shall also, if so required, give his name and address and the name and address of the owner of such motor vehicle. Penalty for 5. Whoever contravenes the provisions of contravention of tion 3 or 4 shall be punishable with fine which may sections 3 and extend to two hundred rupees. 6. Whoever drives a motor vehicle in public place recklessly or nogligently, or at a speed or in a manner which is dangerous to the Rockless public, having regard to all the circumstances of driving. the case, including the nature, condition and uso of the place and to the amount of traffic which actually is at the time, or which might reasonably be expected to be, in the place, shall, on conviction, be punished with fine which may extend to two hundred rupen. or Sec- PART III. Licensing and control. 7. No person shall drive a vehicle in a public place unlou ho is Licensing of licensed for the purpose, and no person shall employ drivers, allow any person who is not 80 licensed, to drive a motor vehicle: or . Provided that, subject to rules made by the Local Government in this behalf, this section shall not apply to a person receiving instrugtion in driving a motor vehicle 8. The holder of a license shall not lend it to, nor allow to be Transfer license. of used by, any other person. 9. The driver of a motor vehicle shall produce his license upon Production demand by any police officer above the rank of license. a constable. Extent of 10. Every license to drive a motor vehicle validity of shall be valid in such area license as may be specified to drive, therein : Provided that no license shall specify any area outside the provinse in which it is granted, unless it is issued by such authority and in accordance with such conditions and restrictions as the Governor General in Council may prescribe. 11. (1) The Local Government may, subject to the control of the Governor in Council and to the condition of previous publication, make Power rules consistent with this Act for regulating, in Local Govern the whole or any part of the territories under its ment to make administration, the use of motor vehicles or any rules. class of motor vehicles in public places. (2) In particular, and without prejudice to the generality of the foregoing powers, the Local Government may make rules for all or any of the following purposes, namely :- (a) providing for the registration of, and the conditions under which motor vehicles may be registered, the fee payable for registration and the notification of changes of ownership; (b) providing for facilitating the identification of motor vehicles by the assignment of distinguishing numbers to motor vehicles and the displaying of number and name platen thoreon, or in any other manner;
THE MOTOR VEHICLES AOT. (*) proscribing the authority by which, and the conditions under which, drivers of motor vehicles or any class of suoi driver may be licensed, the fees payable for such licenses, and (subject to the provision 10), the area within which, and the duration for which, license shall be valid; or (d) prohibiting the letting plying for hire of any motor vehicle except under such condition as may be prescribed ; (*) prescribing the precautions to be observed when motor vehicles are standing in any public place; (f) the speed at which motor vehicles may be driven generally or in any particular public place; (9) regulating the construction and equipment of motor vehicles including the provision and use of lights, bells, horns, brakes, speed indicators or other appliances; (h) prohibiting or regulating the driving of motor vehicles in public places, where their use may be attended with danger or inconvenience to the public; and (i) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property, or of obstruction to traffic. (3) All rules made under the section shall be published in the local official Gazette; and, on such publication, shall have effects if enacted in this Act. 12. Such authority as the Local Government may direct shall give public notice, in such a manner as may be presoribed, of any rule, made by the Local Government under Section 11, Posting of prohibiting or regulating the use of motor vehicles notices. in any public place, or limiting the speed of motor vehicles in any such place; and, for the purpose of giving effect to any such rule, shall display conspicuous notices at or near the place to which the rule refers. 13. Whoever contravenes the provisions of sections 7, 8 and 9 of any rule made under section 11, shall be punishable with fine which Penalty. may extend to fifty rupees, and in the event of such person having been previously convicted of an offence under this Act, or any rule made thereunder, with fine which may extend to one hundred rupees. 14. The Local Government may, by notification in the Local Official Gazette, exclude any area specified in such notification from Power the operation of this Part; and may, by . Local Govern. like notification, exempt either generally or ment for a specified period any motor vehicle or clan olude areas of motor vehicles from the operation of all or motor vehicles from the Part any of the provisions of this Part. to or PART IV. Motor Vehicles temporarily leaving or visiting British India, Power of 15. (1) The Governor General in Connoll Sovernor may make rules for all or any of the follow general to make rules. ing purposes, namely: (i) for the grant and authentication of any travelling passen, certificates or authorities for the use of persons temporarily taking their motor vehicles out of British India, or to drivers of such vehiclog when proceeding out of British India for the purpose of driving snon vehicles, and, (ii) prescribing the conditions subject to which motor vehiclos brought temporarily into British India by persons intending to mako & temporary stay there may be possessed, used and driven. (2) All rules made under this section shall be published in the Gazette of India; and, on such publication, shall have effect as it enacted in this Act. or 16. Nothing in this Act any rule made under Part III Saving. relating to:- (a) the registration of motor vehicles, (b) requirements as to construction, identification or equipment of such vehicles, or (c) the licensing or qualifications of drivers of such vehicles, shall apply in the case of any motor venicle such as is referred to in clause (ii) of sub-section (1) of section 15, or of any person possessing, using or driving the same, provided that the requirements of any rule made under the said clause and applicable to such vehicle or person are complied with. PART V. Miscellaneous, 17. (1) Any police-officer may, without an order from a Magistrate and without a warrant, arrest any person found committing breasla Arrest of of the provisions of this Act or any rule made there oi en der. under, if the name and residence of such person u without warrante unknown to such officer and cannot be ascertained by him then and there.
THE MOTOR VEHIOLAS AOT. (3) When any such arrest has been made, the provisions of non- Sion 67, sub-sections (2) and (3) and sections 60 to 18 of the Code at Criminal Procedure, 1898, shall apply. 18. No Court inferior to that of a Presidency Magistrate or Cogninno. at Magistrate of the second class shall try any offence arenoj punishable under this Act any rule made thereunder. or 19. (1) The Local Government may in its discretion Cancellation (i) cancel or suspend any license granted unада suspender this Act, and sion of license (ii) declare any person disqualified for obtainand disqualilicense ing under this Act either fication for obtaining permanently or for such period as it thinks license. fit. 8 (2) Any Court by which any person is convicted of an offence against the provisions of this Act or any rule made thereunder, or of any offence in connection with the driving of a motor vehicle may, in respect of such person and of his license, if any, exercise the like powers are conferred by sub-section (1) on the Local: Government, and it such person holds a license, shall cause particulars of the conviction to be endorsed thereon. (3) Any Court before which the holder of a license under this Act is accused of any offence mentioned in sub-section (2) may suspend such license until the termination of the proceedings before it. (4) A copy of every order of cancellation, suspension and disqualification made under this section in respect of a license or the holder of a license shall be endorsed on the license, & copy of every endorsement, in accordance with the provisions of this section, shall be sent to the authority by which such license has been granted. (5) Every holder of a license shall, when called upon to do so, produce his license to any authority acting under this section, (6) A person whose license is suspended in accordance with the provisions of this section shall, during the period of suspension, be disqualified for obtaining a license. (7) No person whose license has been endorsed shall apply for, or obtain, a license without giving particulars of the endorsement. OT 20. The enactments mentioned in the Schedule are repealed to the extent specified in the fourth column thareof: Provided that any appointment, notification, order, rule, for Repeale, license made or issued under any of the said Acta, shall, so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been issued under the provisions of this Act, unless and until it is superseded by any appointment, notification, order, rule, form or license made or imanod vnder thin Ae TO MOTOR VEHIOLES Aor. SCHEDULE. (SEE SECTION 20.) Enactments Repealed. Year." No. Short title. Extent of ropoal I.-Act of the Governor General in Council" 1912 XII The Motor Vehicles international Circu- The wholt lation Act, 1912. II. -Madras Act. I The Madras Motor Vehicles Act, 1907 . 1907 The whole III.-Bombay Act. 1904 II The Bombay Motor Vehicles Act, 1904 The whole IV.-Bengal Act. The Bengal Motor Car and Cycle Act, 1903 The whole 1903 III 1911 II V.-United Provinces Act. The United Provinces Motor Vehicles | The wholo Act, 1911. VI.-Punjab Act. The Punjab Motor Vehicles Act, 1907 1907 II The wholo VII.-Burma Act. 1906 II The Burma Motor Vehicles Act, 1906 Tho whole STATEMENT OF OBJECTS & REASONS. The development of the use of motor vehicles as the result of the Madras Act increasing number of persons who seek to travel by I of 1907. this means both within and outside the limits of Bombay Act individual provinces, hag emphasised the desirability II of 1904. Bengal of re-examining the Indian Legislation on the sub- Act ject. At present the law is contained III of 1903. in six The United separate provincial Acts, which thogh exhibiting Provinces Act no important differences of principle, are not identi- II of 1911. cal in form. In the interests of simplicity, and The Punjab in order that owners of motor cars may be saved Act II the inconvenience of reference to different provincial 1907. Acts, it is thought that the time has now come when Burma Aot II of 1906. the law on the subject may usefully consolidated. 2. The present Bill has accordingly been drafted with the intention of introducing uniform provisions on important matters of principle and embodying the best local features in the different Acts, while so far as possible, avoiding any substantial departure from the several provincial Acts which it will replace. Subsidiary matters will still be governed by local rules suitable to the varying conditions of different provinces, but under the procedure of one general Act, it is probable that such regulations will be framed on more uniform lines than is at present the case. In particular, power is conferred to grant licenses valid in more than one province, provided, they are issued in accordance with such conditions and restrictions as the Governor General in Council may prescribe. The object of the Bill, in short, is to promote the convenience of motorists and to give increased facilities for motor travel. The Motor Vehicles International Circulation Act, 1912 (XII of 1912), was the first step in this direction, and its provisions are re-enacted in the present Bill. 3. The following are the more noticeable provisions of the Bill:- Clause 1.-As regards the extent of the Act, Part III, which deals with licensing and control, has been extended in the first instance only to those provinces in which or in parts of which such provisions already exist, but it will be open to other Local Governments to notify itu extension within their jurisdiction, while under clause 14 thoy can similarly exclude specified areas from its operation. Clause 3.-Prohibits the driving of motor vehicles by persons under 16 years of age; the English law prescribes an age limit of 17 years in the case of drivers of ordinary motors with a lower limit of 14 in the case of motor cycles. It is considered the the complication of two limits may usefully be avoided by the adoption of a general minimum which the circumstances of this country would appear to justify. Clauses 4 and 6.-These clauses are intended to afford the proteotion to the public everywhere against reckless and inconsiderate driving to which it would appear to be entitled, STATEMENT OF OBJECTS AND REASONS. xvii Clause 7.-Provides for a licensing system in those province to which this part of the Act applies, although it would be observed that a person receiving instructions in driving, subject to any rules made in this behalf, is exempt from this requirement. Clause 10.-Enables licenses. to be granted with validity beyond the province in which they are granted, while reserving power to the Governor General in Council to regulate the grant of such licenses. Clause 11.-Confers a rule making power upon Local Governments on the different points which the examination of the various provincial Acts indicates as actually arising in practice. Clauses 15 & 16.- Follow the Motor Vehicles International Cir culation Act, 1912. Clause 17.-Confers a power of arrest without warrant which is a necessary condition of the efficient regulation of traffic of this description. Clause 18.-Limits the trial of offences under the Act to Courts not inferior to those of a Presidency Magistrate or a Magistrate of the second class. Clause 19.-Empowers the Local Government to cancel or suspend any license, declare any person disqualified for obtaining a license, thus protecting the public against incompetent or unsuitable drivers. A Court, trying the holder of license for any offence under the Act, may also suspend the license pending the termination of the proceedings. Clause 20.--Repeals the Motor Vehicles International Circulation Act 1912, and the different existing provincial Acts on the subject of motor vehicles. Sd/-R. H. Craddock. The 9th September, 1913. sd/-W. H. Vincent. Secretary to the Government of India. Or to a PROCEEDINGS OF THE COUNCIL OF THE GOVERNOR GENERAL OF INDIA. 9th January, 1914. The Hon'ble Mr. Wheeler moved for leave to introduce a Bill to consclidate and amend the law relating to Motor Vehicles in British India. He said :- My Lord, it may at first sight appear that the Bill now to be introduced is somewhat inconsistent in principle with that which the Hon'ble Home Member has just explained to the Council, since in place of six existing Provincial Acts current in Madras, Bombay, Bengal, the United Provinces, Punjab and Burma, it is sought to 3 xviii TELE MOTOR VEHIOLES ACT. - an use cars as was mabutitute one general Imperial Act dealing with the international circulation of motor vehicles, which was passed by this council at the last Simla Session. But the justification of this course is to be found in the circumstances of the development of the motor traffic in this country. This has been gradual and the dates of the Provincial Acts, which range from 1903 to 1911 seem to point to the manner in which the need of legislation was felt in different provinces as time went on. In the early days of motor cars there was good reason for allowing each local Council to legislate on the subject according as Act was found to be necessary or not; experience was thus gained and no very great inconvenience was felt. But conditions are now changing. The of motor is extending rapidly is shown by the custom statistics of the value of the motor vehicles imported. Thus, to take the last five years only, we find that in 1908-09 this roughly Rs. 43 lakhs; in the succeeding year there was a small advance to Rs. 473 lakhs; 1909-11 saw a large jump to Rs. 734 laks, while the figures in the next year went up to one crore, and in 1912-13 to over Rs. 14 crores. That is very marked and speedy development. More people are using cars every year, and can see in the papers motor journeys throughout the country are growing in popularity. There is also the international aspect of the case as exemplified by last year's Bill to which I have refered. It seems probable that outside tourists will resort in growing numbers to this mode of locomotion, and they will naturally ask for reasonable facilities. Motor cars now recognise no provincial boundaries and it seems in every way desirable, both from the point of view of the public and the traveller, that the main features of the law on the point should be embodied in one Act and not governed by different provisions in different provinces. In detail it is not intended that there should necessarily be absolute uniformity as these must be influenced largely by local conditions, and a wide rule making power is reserved to Local Governments with this in view; but there are certain provisions which may well be of general application, and an important power is taken in clause 10 to grant licenses which will be valid in more than one province, provided that they are in accordance with such restrictions and conditions as the Governor General in Council may prescribe. That clause should prove of considerable convenience to those who desire to tour. we "In framing the Bill, we have proceeded upon the basis of existing Acts and endeavoured to embody what was best in them. The Bill is divided into five parts. Part II comprises those provisions which are of general application and which are designed broadly for the protection of the public. They cover the minimum age at which & person shall be allowed to drive, the duties of motor-vehicles in stopping for the proper regulation of traffic and the penalties of breaches of these regulations and for reckless driving. The public every where would to be entitled to the benefit of these restrictions. It will be seen that the minimum age limit for drivers has been put at sixteen and that is a point on which the advice of Local Governments is particularly invited. In the majority b? Provinsial seem STATEMENT OF OBJEOTS AND REÄSONS. xix on more as Acts, the age is 18, and that is the limit in the rules made under the Motor Vehicles International Circulation Act. In England the age limit is 17 for ordinary motor cars and 14 for motor cycles. Eighteen may be unnecessarily high in this country, while 14. seems undesirably low. The Hon'ble Maharaj Kumar of Tikari, who has much experience of hese matters, téHs me that the limit of 14 was intended to meet the case of cycle companies in cadet corps. I have not been able to verify this, but the limit is curious, and it opens up a prospect of youthful scorches on motor cycles, which is somewhat disquieting, Part III deals with licensing and control, and I have already referred to one important point in clause 10. Otherwise, Local Governments are given power, after previous publication, to make rules for all the important contingencies governing the traffic which are indicated in the existing Acts. It is true that the details of these rules may vary, but if framed under one Act, they are more likely to be similar lines than is the case at present. Part IV follows the Motor Vehicles International Circulation Act of last year and Part V COR. tains miscellaneous provision to the arrest of offenders, tho cognizance of offences and the cancellation and suspension of licol.nes. The extent of the Act will be general, except as regards Part III, which is confined in the first place to the areas in which a licensing system is already in force. Other local Governments may extend it to their own jurisdictions, if they see fit, and conversely under clause 14, Local Governments may exclude specified areas or specified vehicles from operation of Part III. Most of the present Acts extend throughout the province to which they relate, but some of them, for instance, the Bengal and Burma Acts, do not, and the power of exemption is intended to meet special cases which apparently may arise. "Such briefly is the main intention of the Bill, the object of which is to ensure greater simplicity in the law and to promote the convo nience of motorists generally, while safe-guarding the rights of the public. As I have already said it is the outcome of a comparison of the various Provincial Acts, and no doubt its examination in the provinces will show how far its provisions are adequate for local noods or require to be amplified or modified. “I accordingly beg for leave, My Lord, to introduce the Bill." Th. Hon'ble Sir, Ibrahim Rahimtoola said: "Your Excellency, I do not know why the Hon'ble Mover, in his observations, said that he was taking a new departure from what was taken in the previous Bill of the Hon'ble Home Member in asking that legislation should be allowed amalgamating Acts now in force in the different provinces. If Your Excellency will permit me, I should like to say that I think the procedure that the Hon'ble Mover is now adopting is, to my mind, ideal in many instances. The different provinces in India could not possibly attain a uniform degree of enlightenment or progress,' and, therefore, legislation in different provinces has to be based on the circumstances of each province. It is largely due to that Provincial Legislative Councils are maintained and legislation is undertaken by sach provincial Council suitable to the requirements of the provinor and the advancement to which it may have reached.
THE MOTOR VEHICLES AOT. "It is for that reason, Your Excellency, that I welcome procedure of this kind under which legislation in regard to motor vehicles was undertaken and carried through in the different provinces, and now a Government of India Act is put before the Imperial Legislative Council to try and have a uniform law for the whole of India, based on experience gained by the actual working of provincial legislation on these lines. I trust, Your Excellency, that the wholesome procedure adopted on the present occasion will be encouraged by the ulfimate legislation which the Government of India may contemplate will be suitable to the whole of India. "With these words I support the measure. The motion was put and agreed to. The Hon'ble Mr. Wheeler introduced the Bill and moved that the Bill together with the Statement of Objects and Reasons relating thereto, be published in he Gazette of India in English, and in the local official Gazettes in English and in such other languages as Local Governments think fit. The motion was put and agreed to. The Hon'ble Sir Reginald Craddock moved that the Bill to consoli. date and amend the law relating to Motor Vehicles in British India be referred to a Select Committee consisting of the Hon'ble Sir Ali Imam, the Hon'ble Maharaj-Kumar Gopal Saran Singh, the Hon'ble Mr. Monteath, the Hon'ble Mr. Arthur, the Hon'ble Mr. Arbuthnott, the Hon'ble Sardar Daljit Singh, the Hon'ble Mr. Pandit, the Hon'ble Mr. Asad Ali, the Hon'ble Sir William Vincent, the Hon'ble Mr. Wheeler, the Hon'ble Maharaja Manindra Nandi, the Hon'ble Raja Kushal Pal Singh, the Hon'ble Mr. Cobb, the Hon'ble Mr. Rice and the mover. The motion was put and agreed to. REPORT OF THE SELECT COMMITTEE The Hon'ble Mr. Wheeler said:"Sir, I beg to present the Report of the Select Committee on the Bill to consolidate and amend the law relating to Motor Vehicles in British India. Various interesting opinions have been received on the Bill, and after considering them the Select Committee have made certain changes; these are mostly explained in the Report, but there are one or two which may be mentioned as of general interest. When the bill was introduced it was specially mentioned that the question of the age limit for drivers was a debateable point, and in the Bill, as first circulated, this was fixed at 16; but in view of the decided opinion of practically all the major Local Governments, the Committee propose to raise it to 18 which also is the limit in most of the existing provincial Acts. Another point on which an attempt has been made to meet the opinion expressed is in regard to the registration of cars, which various people desire tu seo recognised outside the province in which registration was effected. In respect of driving licenses it will be possible, under rules to be REPORT OF THE SELEOT COMMITTEE. game we ON now framed bereafter, to issue such a general license and the Committee suggest a similar provision in the matter of registration, which will enable a registration number to be accepted outside the province in which it was given, subject to such conditions and restrictions as the Governor General in Council may impose. Another change that has been made is in respect of penalties. It has been represented that the punishment for reckless driving should be raised, and we have accordingly enhanced the permissible fine from Rs. 200 to Rs. 500; at the time have redrafted the penalty clause and slightly widened it. Lastly in respect of the powers of the Courts to cancel or suspend licenses on conviction, a limit of one year within which such an order would be effective has been inserted in response to & certain amount of opinion to the effect that it has not been expedient that, for instance, a Magistrate of the second class should have an unrestricted power of cancellation or suspension." The following Report of the Select Committee on the Bill to consolidate and amend the law relating to Motor Vehicles in Britisk India was presented to the Council of the Governor General of India for the purpose of making laws and regulations the 4th February, 1914:- We, the undersigned, Members of the Select Committee to which the Bill to consolidate and amend the Law relating to Motor Vehicles in British India was referred, have considered the Bill and the papers noted in the margin, and have the honour to submit this our Report, with the Bill as amended by us annexed thereto. Papers No. 1.--From Government, Bengal, No. 8585.P, dated the 29th November, 1913; from Chief Commissioner, Central Provinces, No. C. 27, dated the 29th November, 1913; and Chief Commissioner, Ajmer. Merwara, No. 1214 C, dated the 30th November, 1913. Papers No. 2.-From Chief Commissioner, Delhi, No. 8280, dated the 6th November, 1913; from Chief Commissioner, Coorg, No. 2803 dated the 10th November, 1913 and from Chief Commissioner, North West Frontier Province, 1987 C, dated the 25th November, 1913. Papers No. 8.--From Chief Commissioner, Assam, No. 8041, dated the 4th December, 1913 and enclosures; from Government of Bombay, No. 8634 A. dated the 5th December, 1913 and enclosures; from Registror, High Court, Calcutta No. 4423 dated the 5t11 December, 1913 and from Agent to Governor General and Chief Commissioner, Beluchistan No. 3648 dated the 6th December, 1913. Papers No. 4.- -From Government, United Provinces, No. 2635-871 M., dated the 16th December, 1913 and from Government, Punjab No. 1120 (C. & I.) dated the 16th December, 1913 and enclosures, .
xxii THE MOTOR VEHICLES AOT. Papers No. 5.-From Government, Bihar & Orissa, No. 1025J : datod 12th December, 1913. Papers No. 6. From Government, Madras, No. 2596, dated the 13th December, 1913 and enclosures. Papers No. 7.-From Government, Burma, No. 1923-3496, dated the 23rd December, 1913 and enclosures. 2 We have amended clause 3 of the Bill as introduced by providing that no person under the age of 18 years shall drive a motor vehicle. This modification of the Bill is made in deference to the decided opinion expressed by various Local Governments that it is unsafe to allow boys of sixteen to drive such vehicles. 3. We have deleted clauses 5 and 13 of the Bill as introduced and substituted for them general penal clause (clause 16) for contravention of any provisions of the Act if such contravention is not otherwise specially provided for. All such violations of the Act or any rule made thereunder are punishable with a fine of rupees one hundred on a first conviction and rupees two hundred for any subsequent conviction. 4. We have modified Clause 6 of the Bill as introduced 80 as to provide for a maximum fine of rupees five hundred in cases of rash or negligent driving, which we regard as a serious offence. 5. We have amended clause 9 of the Bill as introduced by providing that a police officer of the rank of a constable may call upon : motor driver to produce his license. We apprehend that in many places the only police officers who will be available to see that the provisions of the Act are complied with will be constables on duty in the public streets and we do not think, having regard to the class of persons who use and drive motor cars, that there is any danger of the powers conferred by this section being abused. 6. In response to the suggestion from more than one quarter that provision should be made for the recognition of registration generally, have added a clause to the Bill as introduced providing that registration of a car in one province if made in conformity with condi. tions to be prescribed by the Governor General in Council shall be effective beyond the limits of the province in which such registration is effected. 7. We have amended clause 11 of the Bill as introduced by providing that the Local Government may make rules prescribing the fees to be levied from owners of motor vehicles which are let for hire in public places. 8. We have excised clause 17 of the Bill which authorised police officers under certain circumstances to arrest persons accused of offences under the Act as we think that the powers of police officers in such cascs should be limited to those conferred by the general law relating to non-cognizable offences. 9. We have amended Clause 19 of the Bill as introduced by providing that no order of a Court suspending or cancelling a license, or declaring a person disqualified for obtaining a license, shall have effect for a period exceeding one year. The opinion has been expressed that it is not desirable to give an unrestricted power to the Courts. we REPORT OF THE SELECT COMMĪTTEE xxiii 10. The remaining changes in the Bill are not of such importanco as to necessitate reference to them. They are chiefly verbal or consoquential on the modifications referred to above. 11. The publication ordered by the Council has been mado follows: In English. Gazette of India 20th September, 1913. Fort St. George Gazette 7th October, 1913. Bombay Government Gazette Sind Official Gazette 2nd October, 1913. Calcutta Gazette 1st October, 1913. Bihar & Orissa Government Gazette 1st October, 1913. United Provinces of Agra & Oudh Govt. Gazette 27th September, 1913. Punjab Govt. Gazette ... 26th September, 1913. Burma Gazette Alth October, 1913. Assam Gazette .. 1st October, 1913. Central Provinces Gazette ... 27th September, 1913. Coorg District Gazette 2nd October, 1913. North-West Frontier Gazette 3rd October, 1913. ... ... ... ... ... ... In the vernaculars. Province. Date. Language. Tamil Telugu Hindustani Kanarese Malayan Madras 11th November, 1913. Bombay Marathi Gujrati Kanarese Sindhi 6th November, 1913. Sindh Sindhi 20th November, 1913, United Provinces of Agra and Oudb Urdu 22nd November, 1913. Burma Burmese 8th November, 1913. Coorg Kanarese 1st December, 1918,
xxiv
THE MOTOR VEHICLES AOT.
12. We think that the Bill has not been so altered as to require
republication, and we recommend that it be passed 28 now amended.
R. H. Craddock,
Syed Ali Imam,
Gopal Saran Singh,
S. R. Arthur,
J. C. Artbuthnott,
Daljit Singh,
V. R. Pandit,
Mir Asad Ali,
W. H. Vincent,
6. Wheeler,
Manindra Chandra Nandi,
Kushal Pal Singh,
W. H. Cobb,
W. F. Rico,
The 3rd February, 1914.
The Hon'ble Mr. Monteath did not attend the meetings of the
Select Committee and did not therefore sign the Report.
THE MOTOR VEHICLES ACT ACT NO. Vill OF 1914. PASSED BY THE GOVERNOR-GENERAL OF INDIA IN COUNCIL. (Received the assent of the Governor-General on the 28th February, 1914.) An Act to consolidate and amend the law relating to Motor Vehicles in British India. WHEREAS it is expedient to consolidate and amend the law relating to motor vehicles in British India; It is hereby enacted as follows: PART I. PRELIMINARY. Short title, 1. (1) This Act may be called the Indian oxtent and Motor Vehicles Act, 1914. commencement This Act, except Part III thereof, extends to the whole of British India, including British Baluchisfan, the Sonthal Parganas and the Pargana of Spiti. Part III extends, in the first instance, only to the Provinces of Madras, Bombay, Bengal, the United Provinces of Agra and Oudh, the Punjab, Burma, Bihar and Orissa, the North-West Frontier Province and Delhi. The Local Government of any other Province may, by notification in the local official Gazette, extend Part III to the whole or any part of such province. (3) It shall come into force on such date as the Governor- General in Council, by notification in the Gazette of India, may direct. Extension of the Act :The Act has been extended to all the Shan States. (Vide Fangoon Gazette, April 23, 1915.) Commencemont of the Act:-The Act came into force on and with effect from the 1st April, 1915. (Vide, Government of India Notification No. 1065C, Delhi, 25th February, 1915.) 4 A THE MOTOR VEHICLES ACT. [ Ss. 3-4 a 2. "Motor vehicle" includes a vehicle, carriage or other means of conveyance propelled, or which may be propelled, on road by electrical or mechanical power Definitions. either entirely or partially; "prescribed" means prescribed by rules under this Act; "public place" means a road, street, way or other place, whether a thoroughfare or not, to which the public are granted access or over which they have a right to pass. PART II. PROVISIONS OF GENERAL APPLICATION. % a Prohibition of (1) No person under the age of driving motor cighteen years shall drive a motor vehicle in vehicles by any public place. persons under 18. (2) No owner or person in charge of motor vehicle shall allow any person under the age of eighteen years to drive the same in any public place; and in the event of a contravention of sub-section (1), the Court may presume that the motor vehicle was driven with the consent of the owner or person in charge. English law :-The English law prescribes an age limit of 17 years ir the case of driver of motor cars, with a lower limit of 14 in the case of motor cycles. person case of Duty to stop 4 The in charge of a motor vehicle for regulating vehicle shall cause the vehicle to stop and to traffic and in remain stationary so long as may reasonably accident. be necessary (a) when required to do so by any police-officer for the purpose of regulating traffic or of ascertaining his name and address with a view to prosecuting such person under this Act or for any purpose connected with the enforcement of the provisions of this Act or the rules thereunder, or (b) when required to do so by any person having charge of any animal if such person apprehends that the animal is, or will be, alarmed by the motor vehicle, Q S8. 4-5) PROVISIONS OF GENERAL APPLICATION. (c) when he knows or has reason to believe that an acci. dent has occurred to any person or to any animal or vehicle in charge of a person owing to the presence of the motor vehicle and he shall also, if so required, give his name and address and the name and address of the owner of such motor vehicle. Provincial Rules :-Under the Rules framed by the various Local Governments, it is incumbent upon drivers of motor vehicles to obey the directions of police officers on duty, and promptly to report all occurrences of accidents to the nearest police station (Vide Appendix). Deviating from line of traffio if amounts to rash driving :-The mere fact of deviating from a line of traffic does not necessarily amount to negligently, recklessly or dangerously driving a car; it depends on the circumstances set out in S.4 of the Motor Vehicles Act. Emperor o. Khodabux, 28 Bom. L.R. 1066=97 I.C. 973, 5. Whoever drives a motor vehicle in a public place recklessly or negligently, or at a speed, or in a manner which is dangerous to the public, having regard to all Rockless drivthe circumstances of the case, including the ing. nature, condition and use of the place and the amount of traffic which actually is at the time, or which might reasonably be expected to be, in the place, shall, on conviction, be punishable with fine which may extend to five hundred rupees. Criminal Negligence and Criminal Rashness :-"Criminal rashness is bazarding a dangerous or wanton act with the knowledge that it is and that it may injury but without intention to injury or knowledge that it will be probably caused. The criminality lies in running the risk of doing such with recklessness or indifference as to the consequence." "Criminal negligence" is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an individual in particular, which, having regard to all the circumstances out of which the charge arises, was the imperative duty of the accused person to have adopted."- (1881) Reg. v. Idu. Beg. I.L.R. 3 All. 776,779, Straight, J. Rash and Negligent driving of a motor car on the wrong side of the road :-1,P.C. 8.279-S. 5 of the Indian Motor Vehicles Act refers tu & person, who is driving a car in a manner which would under ordinary circumstances be proper, but, owing to the special condition of the road at the time he is riding on it is improper. It does not BO cause cause 8n 1 THE MOTOR VEHIOLES AOT. [ S. 5 can V. come cover the case where a man is not on the right side of the road, which is always and in every condition improper. When the accused was driving his motor car on the wrong side and rashly and dangerously in the manner described under S.279 I.P.C., he be prosecuted under S.279, I.P.C. (1925) Yar Mahomed Emp., 26 Cr. L. J. 253=84 Ind. Cas. 243-16 S. L. R. 147. Local and Special laws :-Although an offence is expressly mado punishable by a special or local law, yet it is punishable under the Penal Code, if the acts within the definitions of the Code. (Put Mahammad, P. R. No. 26 of 1915). If the accuscd is guilty of a specific offence under the Indian Penal Code he should be convicted under the Code if the punishment under the Special Act is not adequato (Futteh Khan, P. R. No. 11 of 1874). In a Bombay case, however, it was held that “where there is a Special Statute, such as the Bombay Motor Vehicles Act (Bombay Act II of 1904) which penalises the rash driving of a motor, the punishment should be under buch Statute. 1. C. Bayne, (1006), 8 Bom. L. R. 414. But a person cannot be punished both under the special Act and the Indian Penal Codo for the same offence. Reckless driving-Rule of the Road :-"The applicant who was driving his own motor car late at night, found a horse carriage a little ahead crossing from the left to the right of the road. As it was safe to pass the carriage in front on the left he tried to pass it on the left, but, when he was doing so, the carriage in front suddenly swerved again to the left, with the result that the motor ran into it. Thereon the applicant was convicted under S.2 of the Bombay Motor Vehicles Act, 1904, for drizing his motor recklessly or negli. fently; Held that the carriage driver having first directed his carriage towards his right was not justified in so suddenly changing his course back to the left as to place the overtaking motor in the position of difficulty which he did, and that, therefore, the applicant could not be said to be reckless or negligent in driving his car within the meaning of the Act. The mere passing of another vehicle on the left is no doubt primarily evidence of negligence, but the inference arising from this solitary circumstance may be rebutted by other circumstances appearing in the case. The rule of the road is not an indariable inflexible rule, and a deviation from it may upon occasion be not only justified but actually necessary. (1911) In re Jehangir D. Davar, 13 Bom. L. R. 126=9 Cas. 945=12 L. J. 167. OT Ind. Cr: Provincial Rules: A few of the rules and courtesies of the road to which special attention has been drawn in the Rules framed by the various Local Governments may be summarised below:
S. 5) PROVISIONS OF GENERAL APPLICATION, 5 same (a) Keep to the left when passing vehicles coming from the opposite direction, and to the right when overtaking vehicles; (6) Sound the horn before passing any vehicle; (c) Do not pass any motor car going in the direction unless is stopping or slowing down; (d) Keep to the left and sound the horn when rounding "blind" corners; (e) Draw up, and, if roquested, stop the engine for restive horses; (f) Stop and help a car in distress; (9) Report accidents to the nearest police station; (h) Signals (as devised by the Commissioners of Police) should be carefully observed and used when necessary to do 60; (i) When entering a main road from a branch or side road drive slowly, give way to the vehicles travelling on the main road and sound horn. (j) Whenever necessary give audible and sufficient warning of the approach or position of the vehicle by sounding horn, (Vide Provincial Rules reproduced in Appendix.) Driving car in negligent and dangerous manner cancellation of license when should not be ordered-severe punishment :- The applicant was found guilty of an offence under S.5 of the Indian Motor Vehicles Act. He was convicted and fined Rs. 50 and his license was ordered to be cancelled by the trying Magistrate. The Sessions Judge, in revision, held that although the applicant's conduct came within the purview of S.5 of the Indian Motor Vehicles Act, the sentence passed on him was too severe. But having regard to the fact that the applicant had never been previously convicted for bad driving and held the driving license since 1912, he referred the case to the High Court, with the recommendation that the order cancelling the license te quashed. Held, that the view taken by the Sessions Judge was correct, and the order of the Magistrate directing the license of the applicant to be cancelled ought to be set aside (1925). Charan Singh Emp., 23 A. L. J. 790=26 Cr. L. J. 1254=88 Ind. Cas. 998=A.I.R. 1925 All 798, Banerji, J. winni Endorsement of conviction on license-the best way of stopping rockless driving of motor cars-A fine inflicted on an accused person should not be excessive, having regard to his pecuniary means : -The best way to stop dangerous driving of motors is for the Court, on 3 conviction of the offender under 3.5 of the Motor Vehicles Act, instead of imposing a fine disproportionate to the peouniary means 6 THE MOTOR VEHICLES ACT. [S. 5 a > of the latter, to exercise its powers under sub-sec. (2) of 8.18 of the Act, and to cause particulars of the conviction to be endorsed or the license held by the offender and to cancel or suspend that license or to declare the offender disqualified for obtaining a license either permanently or for such period as it thinks fit. The power of cancelling or suspending a license or declaring the aocused dişqualified for obtaining license under S. 18(2) is de substantial power, the exercise of which is likely to have a deterrent effect, specially if the accused earns his livelihood by driving motor cars. (1925). Emp. V. Basappa, 27 Bom. L. R. 1056= Bom. Cr: Cas. 100=A. I. R. 1925 B: 526=90 Ind. Cas. 320=26 Cr. L.J. 1536: Fawcett and Madgavka, JJ. Driving on a road closed to traffic whether rash and negligent act :- Where a person driving at night a motor car along a portion of road which was closed to traffic for repairs ran over and killed two coolies who were sleeping on the road with their bodies covered except for their faces, held, that the accused was not liable for having caused their death by rash and negligent act. (1926) H. W. Smith v. Emp., 30 C.W.N. 66. Cumming and Mukerji, JJ. Arrest without warrant :- Under the English Law any police constable may apprehend without warrant the driver of any car who commits an offence of reckless driving within his view, if he refuses to give his name and address or produce his license an demand, or if the motor car does not bear the mark or marks of identification; tut, in India, the powers of police officers in such cases are limited to those conferred by the general law relating to non-cognisable offences. Collision caseSuit for damages : In a suit for damages in the case of a collision caused between a motor car and a motor cycle with the result that the plaintiff sustained severe injury owing to the negli. gent driving of the defendant, it was held by the High Court that the determination in a cause should be founded upon a case either to be found in the pleadings or involved in or consistent with the case thereby made. The fact that the plaintiff cannot be permitted to follow a line of attack which the defendant had no opportunity to meet, is of special importance in collision cases, where the accident happens very often in an entirely unexpected manner, and in an extremely short space of time, thus rendering an accurate observation of the incident difficult in the highest degree. In this class of cases, it has consequently been considered Ss. 6-8) LICENSING AND CONTROL. 7 specially necessary that the plaintiff, in framing his statement of claim, should set out the circumstances of the collision', so far as they aro known to him, with clearness and accuracy to enable his adversary to know the case he has to meet; he should also state in specific terms the particular acts of negligence which, according to him, caused the collision. In order to reverse the decision of the court below upon a point where there is a clear conflict of testimony, the Court of Appeal should, pot only entertain doubts whether the decision below is right, but be convinced that it is wrong. W. J. Rees v. John Young, 25 C.W.N. 519=34 C.L.J. 178, Mukerjee and Buckland, JJ. PART III. LICENSING AND CONTROL. 6. No person shall drive a motor vehicle in a public place unless he is licensed in the prescribed manner, and no owner Licensing of or person in charge of a motor vehicle shall drivers. allow any person who is not so licensed, to drive it: Provided that, subject to rules made by the Local Government in this behalf, this section shall not apply to a person receiving instruction in driving a motor vehicle. A person receiving instruction in driving : Under the Rules framed by the Local Governments in this behalf it is necessary that a person receiving instruction in driving a motor vehicle must be accompanied by a properly licensed driver who will be held responsible in case any accident occurs. In addition to this precaution some of the Local Governments have declared certain fixed hours and specified area for such driving by learners. Vide Appendix), Fees, etc. payable for the license: Fees, etc., payable for licenses area for such driving by learners. Vide Appendix). Transfor of 7. The holder of license shall not license, allow it to be used by any other person. Production of 8. The driver of a motor vehicle shall license. produce his license upon demand by any officer. Upon demand, meaning of :- If a person driving a motor vehicle does not produce his license immediately when called upon to do so by a police officer he is guilty under this section. The fact that the driver had taken out a license but left it at home is not suficient to a 8 THE MOTOR VEHICLES AOT. [Ss. 8-9 exonerate him from the offence. The words "upon demand” are clear and can have only one meaning, namely at once directly the demand is made. The reason of the rule is obvious: If a person driving a vehicle has not his license with him and cannot produce it imme. diately and if he be allowed to go away, it will be open to any body to evade the Act and at once depart and never be seen any more by the police officer concerned. The number on the vehicle will only inform the police as to the ownership of the car, but it would not inform them who the driver was. Madan Mohan Nath Raina v. Emp., (1920), 18 A.L.J. 933=58 Ind. Cas. 148=43 All. 123=21 Cr. L.J. 724 Tudball, J. Non-production of license on demand : There is no prohibition against the driving of a car by a properly licensed person who has not got his license with him. What is an offence is the non-production of the license upon demand by any police officer. (1922) Dekhlia Kumbi v. Emp., 65 Ind. Cas. 425= 23 Cr. L.J. 73=1922 Nag: 71. Halifax, A.J.C. Driving license, demand of-Car standing in private premises License not on person of Chauffeur- Prosecution whether proper :,-A police officer can ask the driver of a inotor vehicle for his license even in the private grounds of a person. Aklu v. Emp., 7 Pat. L.T. 12= 97 I.C. 48=27 Cr. L.J. 1072. It is a harsh way of administering the law to institute a prosecution against a properly licensed chauffeur simply because he may have not got the license on his person. The offence, if at all, is a technical one and does not merit a prosccution. Aklu and another v. Emp. (1926) 27 Cr. L.J. 1072=97 Ind. Cas. 48: Patna, Buckoill, J. Extent of vali- Every license to drive a motor vehicle dity of liconse shall be valid in such area as may be specified to drive. therein: Provided that no license shall specify any area outside the province in which it is granted, unless it is issued by such authority and in accordance with such conditions and restricjions as the Governor General in Council may impose. Provincial Rules:-- Under the rules framed by the Local Government of any province a driving license current in such province is Accepted as valid under the corresponding rules of other provinces of India. (Vide Appendix.) Certain Native States have been granted reciprocity in matter of registration under the Motor Vehicles (Native States) Rules, 1916. (Vide Appendix).
Ss. 10-11] LICENSING AND CONTROL. 9 Registration of 10. (1) The owner of every motor motor vehicles. vehicle shall cause it to be registered in the prescribed manner. (2) Such registration shall be valid in such area as may, be specified in the certificate of registration : Provided that no certificate of registration shall be valid outside the province in which it is granted unless it is issued in accordance with such conditions and restrictions as the Governor-General in Council may impose. Provincial Rules:- Under the rules framed by the Local Government of any Province a certificate of registry granted by such province is accepted as valid under the corresponding rules of other provinces of India. (Vide Appendix). Certain Native States have been granted reciprocity in matter of registration under the Motor Vehicles (Native States) Rules, 1916. (Vide Appendix). 11. (1) The Local Government, subject to the condition of previous publication, shall make rules for the purpose of Power of Local carrying into effect the provisions of this Act Government to and of regulating, in the whole or any part inako rules. of the territories under its administration, the use of motor vehicles or any class of motor vehicles in public places (2) In particular, and without prejudice to the generality of the foregoing powers, the Local Government may make rules for all or any of the following purposes, namely: (a) providing for the registration of motor vehicles, and the conditions subject to which vehicles may be registered, the fees payable in respect of and incidental to registration, the issue of certificates of registration, the notification of any changes of ownership and (subject to the provisions of section :0) the area in which and the duration for which certificates of registration shall be valid. (b) providing for facilitating the identification of motor vehicles by the assignment of distinguishing numbers to such vehicles and the displaying of number and name plates thereon, or in any other manner; (c) regulating the construction and equipment of motor vehicles, including the provision and use of lights, bells, horns, brakes, speed-indicators or other appliances; (d) prescribing the authority by which, and the condi. 5 10 THE MOTOR VEHICLES AOT. [ S. 11 tions subject to which, drivers of motor vehicles or any class of such drivers may be licensed, the fees payable in respect of such licenses, and (subject to the provisions of section 9) the area within which, and the duration for which, licenses shall be valid; (dd) prescribing the authority by which and the conditions and limitations subject to which licenses may be suspended or cancelled. (e) prescribing the conditions subject to which and the fees (if any) on payment of which, motor vehicles may be let or plied for hire in public places, generally or in any particular public place : (f) prescribing the precautions to be observed when motor vehicles are standing in any public place; (9) limiting the speed at which motor vehicles may be driven generally or in any particular public place; (h) prohibiting regulating the driving of motor vehicles in public places, where their use may, in the opinion of the Local Government, be attended with danger or inconvenience to the public; and (1) providing generally for for the prevention of danger, injury or annoyance to the public or any person, or of dangeer or injury to property, or of obstruction to 'traffic. (3) All rules made under this section shall be published in the local official Gazette; and on such publication, shall have effect as if enacted in this Act. Amendments :-Italicise words in clause (a) have been added by Act XV of 1924 and new clause (dd) has been added by Act XXVII of 1920. or Bulos framed by Local Governments : In exercise of the powers conferred by this Section, Local Governments have made rules for regulating the use of motor vehicles in public places of their respective provinces. These rules have been reproduced in Appendix. Motor Vehicle left unattended on the street or other public place Calcutta Municipal Act, 8.550 CI. (18) Bye law, Infringement of-Indian Motor Vehicles Act, 8.11 (2) Cls. (f), (i)-Rule 24 framed under the Aot- Repugnancy-Penalty altered in degree -The petitioner was vioted and fined Rs. 5 for leaving motor in public street unattended in contravention to the bye law 10 framed under cl. 18 of S.559 of Calcutta Municipal Act. There is CON- & car 8. 11 ] LICENSING AND CONTROL. 11 ment of Bengal which says, “No motor vehicle shall be left to stand in a street or other public place unless it is attended by a person holding a special license granted under Rule 15 except when the mechanism of such vehicles has been stopped.” Held, there is no repugnancy between the bye law in question and Rule 24 framed under 5.11(*) Ci. (f), (i) of the Motor Vehicles Act, and the former has not been repealed by implication by the latter. The rule framed by the Local Government under the Motor Vehicles Act in substance provides only for cases when the mechanism of the motor vehicle is stopped, while the bye law of the Calcutta Corporation applies to all cases. In case of repugnancy between the provisions of a bye law framed by & local authority in exercise of the powers conferred upon them by an Act of the Bengal Legislative Council and those of a rule framed by the Local Government under the authority conferred by an Act of the Indian Legislature, the former is repealed. Where the punishment or penalty is altered in degreo but not in kind the later provision supersedes the earlier one. Bye law No. 10 framed under Cl. 18, S.559 of the Calcutta Municipal Act is comprehensive enough to include motor car. The said bye law has not been superseded by implication by Rule 24 framed under S.11(2) Cls. (f) and (i) of the Indian Motor Vehicles Act. Indian Motor taxi-Cab Co., v. Corporation of Calcutta (1921) 33 CL.J. 19=25 C.W.N. 21=22 Cr. LJ. 401=61 Ind. Cas. 641. Mookerji and Fletcher, JJ. Rules framed under Part 11, rule 16 of the Calcutta Motor Vehiclos Rules-motor lorry driven at excessive speed, liability of its owner Rule 3 "Causing or permitting to be driven," meaning of :-Where the owner of a motor lorry was not in the lorry when the driver drove it at an excessive speed and where the owner had cautioned the driver not to exceed the regulation speed and to drive with due care and caution,-Held, that Rule 16 of the Rules framed under S.11 of the Motor Vehicles Act makes only the driver liable as it only contains a prohibition against driving at a greater speed than that stated in the Rule. As to Rule 3, the owner of the lorry, under the circumstances of the case, cannot be said to have "caused or permitted" the Icrry to be driven in contravention of Rule 16, within the meaning of that Rule. Where a particular intent or state of mind is not of the essence of an offence, a master can be made criminally liable for his servant's acts if an act is expressly prohibited but not otherwise; and he cannot be 80 made liable if the act provides for liability for permitting and causing a certain thing unless it can be shown that the act was done with the master's knowledge and assent, express or implied. araj Lall Emp., (1924), 28 C.W.N, 854–51 Cal, 948= 0.
12 THE MOTOR VEHICLES ACT. [ 8. 11 A. I. R. (1924) Cal 985=25 Cr. L. J. 1249=82 Ind. Cas. 137. Greaves and Duval, JJ. Rules 13 and 10 of Part II of the Caloutta Motor Vehicles reckless driving- liability of owner for the acts of his servant :-Where the accused was the owner of a motor taxi-cab in Calcutta and his driver improperly drove the car into a drain, thereby injuring the tassengers, the driver having absconded the owner was held to be liable for having "caused or permitted" the act of the driver during the period of the license. Baidyanath Bose v. Emp. (1917). 26 C.L.J. 37=22 C.W.N. 72=45 Cal. 430=42 Ind. Cas. 601=18 Cr. L.J. 985. Teunon and Richardson, JJ. Rule 18 (a) of the Madras Motor Vehicles Rules Non-lighting of Oar-Liability of absent owner :- This rule does not apply to an absent owner. In re G. Krishnawami Iyer, (1919). 26 M.L.T. 381=10 L.W. 399=53 Ind. Cas. 825=20 Cr. L. J. 825. Rule 15 CI, (1) of the U. P. Motor Vehicles Rules, conviction for violating--Lamp affixed on each side in front, meaning of: -The rule provides that "No person shall drive a motor vehicle during the period commencing half-an-hour after sunset and ending half-an-hour tefore sunrise unless such vehicle is provided with lights as follows :- (1) In the case of vehicles other than motor cycles (a) one lamp showing a white light in front affixed on each side of the front portion of the vehicle; (b) one lamp showing a red light at the rear showing a white light at the side affixed at the back of the vehicle in such manner as to illuminate with the white light and render easily distinguishable the signs and numbers on the plates." Accordingly, when a person drives in a motor with two lampe afixed on each side of the front portion of the car showing a white light in front, held, the rule was fully complied with and the conviction of such a person for violation of the rule was bad in law. The words "front portion" in Cl. (a) must be read as contradistinguished from the rear and the back of the vehicle mentioned in Cl. (b). It does not mean the extreme end of the bunnet or the extreme end of the front portion, but means the portion which in outside the seats and the steering wheel. The rule does not require the fixing of more than three lights to each car, namely two in front, one on each side of the front portion, and one at the rear. Mahamed Said v. Emp., (1918), 16 A.L.J. 623–19 Cr. L.J: 860=46 Ind. Cas. 1004. Banerji, J.
S. 11.) THE MOTOR VEHICLES AOT. 18 Rulo 9 of the Madrau Motor Vehiolos Rules under Act 1 of 1907- Omission to blow horn at a turning :- The omission to blow horn when a motor car goes from the right side to the wrong side of the road for the purpose of turning, thereby causing a collision with Another vehicle, constitutes an offence under Rule 9 of the rules made under the Madras Motor Vehicles Act I of 1907, corresponding to Rule 18 of the present Motor Vehicles Rules. Rathnam v. Emp., (1912), 75 Ind. Cas. 487=13 Cr. L. J. 487. Rule 6 and Sch. D. of Bombay Motor Vehicles Rules, 1915—Time limit introduced in motor certificate ---Ultra vires The amendment of the rules by the Local Government limiting the duration of time for which a certificate was to be valid, is ultra vires, as no power was given under S.11 of the Indian Motor Vehicles Act to make rules for that purpose, Emp., v. Baker (1922), 24 Bom. L.R. 50=46 Bom, 646=65 Ind. Cas. 633=23 Cr. L. J. 169. Mcleod, C.J. and Shah J. It is ultra vires of the Local Government to fix a time limit in the registration certificate and to make corresponding change in the Schedule D. as no power was given by S.11 to make rules for that purpose. Rule 6 of the Bombay Motor Vehicles Rules as amended in invalid and imperative, Emp. v. Sherton, 46 Bom. 646=28 Cr. L.J. 169=65 I. C. 633=24 Bom. L. R. 50 =A. I. R. 1922 Bom. 42 Rule 10 and 17 of the Punjab Motor Vehicles Rules servant driving motor car without lights after lighting up time--absent owner if responsible :-These rules only apply to the driver or to a person using the car at the time it is being driven, and not to an absent The owner is not, therefore liable to be fined, because in his absence the sorvant drove his motor car without lights after lighting up time. Sohan Singh v. Emp., (1918) 27 P. R. 1918 (Cr)=19 Cr. LJ. 928=47 Ind. Cas. 444=37 P.W.R. 1918 (Cr.) =16 P.L.R. 1919. Scott-Smith, J. owner. CON- Rule 19 of the Bengal Motor Vehicles Rules-Tax on Motor Vehicles by municipalities outside Calcutta :- The petitioner was victed under S.16 of the Indian Motor Vehicles Act for having contravened an order of the Chairman of the Krishnagar Municipality prohibiting the plying of motor taxies and lorries for the purpose of gain within the jurisdiction of that municipality on all its roads without the special permission of the Chairman. Where no rules have been framed under the Act to enable a municipality to impose a tax motor vehicles plying for hire the municipality cannot take advantage of Rule 19 to impose the tax. Rule 19 was passed for the protection of the roads and a prohibition under the rule does not distinguish between private vehicles and vehicles plying for hin. on 14 THE MOTOR VEHICLES AOT. [ S.II. owner Sudhamöy 0. Chairman, Krishnagar Municipality (1925), 41 C.L.J. 566 A.I.R. 1925 Cal. 1026=88 Ind. Cas. 1045=26 Cr, L, J. 1269. Newbould and B. B. Ghose, JJ. Failure to fix number platesuser of car, liability of-Defective lightus prosecution for-Evidence required, nature of :-The of the car is responsible for fixing the number plates on the car and not the user of the car. In a prosecution for driving a motor vehicle on a public road with defective lights, time is the most important point. There should bs independent and direct evidence of two persons. It is of little practical use for a police officer to come into Court and say "sometime after dusk" or "about 7 p.m.," or words to that effect. Aklu and another v. Emp., (1926) Patna, 27 Cr. L.J 1072=97 Ind. Cas. 48. Nucknill, J. car Burma Motor Vehicles Rules 26(3)Car not properly lighted-- master being absent, his liability-Prosecution for trivial offences should be discouraged :-Where a was driven by a chauffeur of the accused who was the owner without a proper rear light, the facts being that though provision had been made for a rear light, yet the illumination on the particular occasion was not sufficient to render the registered number legible at a reasonable distance, the owner who was not then on the car cannot be responsible and cannot be convicted. In such and similar cases it would be nothing more than reasonable or just, in the first instance to point out to the driver (whether owner or servant) that the requirements of the law are not being strictly complied with. Should such warning be disregarded the offender could not possibly complain lof being harassed and would only have himself to blame for not taking the friendly advice given. Magistrates should as far as lies in their power discourage prosecution for every trivial offence under the Motor Vehicles Act and Rules except when a previous warning has been ignored or when public safety has in fact been endangered. Mahomed Surity v. Emp., (1924), 76 Ind. Cas: 564 =25 Cr. L.J. 196=36 Cal. 415 Dist., 45 Cal. 430 Ref. =2 Bur. L.J. 201= 1 Rang. 600=1924 Rang. 63. May Oung, J. It may be interesting to note here in this connection what appeared in the Statesman of the 18th December, 1926, re the defective illumination of the rear lights of Calcutta motor vehicles : "To the course of an article on motor car offences, the Justice of the Peace writes : -The lighting of the rear plate should be effected by an independent lamp placed above the plate with the light falling in buch a way as to cover the whole field, and the red lamp should not be allowed to be so brilliant as to dazzle and confuse the eye seeking to Ss. 11-13.] THE MOTOR VBHIOLES AOT. 15 read the number fast diminishing in size and clearness. Moreover, the lamp wlich illuminates the rear plate should not be under the driver's control. The switch itself should be required to be at the back, 80 that to operate it the driver must stop. We understand this is a requirement in Australia. The inconvenience to the driver is slight in comparison with the value of increased chances of detection of delinquent drivers. Of cou.se secret switches could be fitted to evade the law but reputable builders would not lend themselvos to such evasion. In Calcutta, the police do not even think it necessary to insist that the rear plate should be properly illuminated as required by their regulations'." Rules-Vagune83- Need for being clear:-It is desirable to make the rules clear that there is some officer who is bound to inspect the car. The rule should also be marle clear whether the owner of the car should take the car to the place which is headquarters, or whether the officer may fix a place for the inspection or whether the owner of the car should go in search of the officer. Secy of State v. Garapati Somayya 97 I.C. 847= 51M. L.Ji 446. Masters liability for accident caused by cleaner of a motor car driving it during Chauffeur's temporary absence from the car Chauffeur, if guilty of negligent in leaving car in charge of cleaner :- Where a chauffeur left the car in the street in charge of the cleaner, who was forbidden to drive, and went to a neighbouring workshop, while the cleaner started the car and drove it against a Corporation post breaking it to picces, it was held that the master was not liable merely on the ground that the cleaner was his servant, for the reason that driving the car lay outside the scope of the cleaner's employment. A motor car with the engine at rest is a very different thing from a horse-drawn van with the reins attached to a hook, and a much larger measure of interference is needed to put it in motion. Unless it could be said that the chauffeur ought to have anticipated that the cleaner would try to drive the car he could not be held guilty of negligence. So the chauffeur could not be regarded as negligent and it followed that the master was not liable. Nalini Ranjan Sen Gupta V. The Corporation of Calcutta and another, (1926), 29 C.W.N. 815, Walmsley, J. 12 The prescribed authority shall give, in the prescribed manner, public notice of any rule, made by the Local Government under section 11, prohibiting or regulat- Posting of ing the driving of motor vehicles in any public notices. place; limiting the speed of motor vehicles in any such place; and for the pur. or 16 THE MOTOR VEHIOLES AOT. (Ss. 13-14. a pose of giving effect to any such rule, shall display conspicuous notices at or near the place to which the rule refers. 13. The Local Government máy, by notification in the local official Gazette, exclude any area specified in such notifi. Powers to Local cation from the operation of this Part; and Government to may by like notification, exempt either oxclude areas generally or for a specified period any motor or motor vehicles froin vehicle or class of motor vehicles from the this Part. operation of all or any of the provisions of this Part. Military motor Vehicles and drivers Enlisted for service: Motor vehicles requisitioned for military purposes, or registered as a military motor vehicle by the Quarter-Master-General in India, and drivers enlisted for military service have been exempted in some provinces from the operation of the Rules relating to license, registration, etc., framed by the Local Governments in this behalf. Vide B. & O., Govt. Notification no. 742-M.Ri, dated the 28th June, 1920, and Rule 26-A of the B. & O. Motor Vehicles Rules; Madras Govt. Notification No. 870, Fort St. George Gazette, dated the 29th December, 1917, P.1425; Burma Govt. Notification No. 31, dated the 22nd March, 1918. and Rule 24 of Burma Motor Vehicles Rules, etc. PART IV. OR VISITING MOTOR VEHICLES TEMPORARILY LEAVING BRITISH INDIA, Power of Governor 14. (1) The Governor General in Councii General in may make rules for all or any of the following Council to make rules. purposes, namely:- (i) for the grant and authentication of any travelling passes, certificates or authorities for the use of persons temporarily taking their motor vehicles out of British India, or to drivers of such vehicles when proceeding out of British India for the purpose of driving such vehicles, and (ii) prescribing the conditions subject to which motor vehicles brought temporarily into British India by persons intending to make a temporary stay there may be possessed, used and driven, Ss. 14.-16.] MOTOR VWHIOLIS ACT. Y (2) All rules made under this section shall be published in the Gazette of India; and on such publication, shall have effect as if enacted in this Act. In exercise of the powers conferred by this section the Governor Genoral in Council has been pleased to make the following rules :- 1. Motor Vehicles International Circulation Rules, 1915, vide H.D. Notification No. 1066C., dated the 25th February 1915. (Gazette of India, Part I, dated the 27th February 1915.) (Vide Appendix.) 2. The Motor Vehicles (Native States) Rules, 1916, vide Governbent of India Notification No. 627, dated the 6th July, 1916. (Vide Appendix.) 3. Rules prescribing the conditions subject to which motor vehicles brought temporarily into British India from Afghanistan by persons intending to make a tempurary stay in British India, vide (9.D. endorsement No! F-740/25, Judicial, dated the 22nd October (H.D. endorsement No. F-740/25, Judicial, dated the 22nd October 1925.) 15. Nothing in this Act or in any rule made by the Local Government under section 11 relating to Saving. (a) the registration of motor vehicles. (b) requirements as to construction, identification or equipment of such vehicles, or (c) the licensing or qualifications of drivers of such vehicles, shall apply in the case of any motor vehicles such as is referred to in clause (ii) of sub-section (1) of section 14, or of any person possessing, using or driving the same, provided that the requirements of any rule made under the said clause and applicable to such vehicle or person are complied with. Amondment:Italicised words were added by Act XIII of 1916, PART V. MISCELLANEOUS. 16. Whoever contravenes any of the provisions of this Act or of any rule made thereunder shall, if no other penalty is elsewhere provided in this Act' for such Penalties contravention, be punishable with fine which may extond to one hundred rupees, and, in the event of such person having been previously son- 18 THE MOTOR VEHICLES ACT. [S. 16. car was victed of an offence under this Act or any rule made thereunder with fine which may extend to two hundred rupees. Autrifois acquit plea of-prosecution for offence under 8.338, I.P.O., and aoquittal-subsequent prosecution on same facts under 8.16 of the Motor Vehicles Act illegal.So long as acquittal under 5.338 I.P.C. remains in force, a trial of the person on the same facts for en offence under S.16 of the Motor Vehicles Act is baired under S.403 of the Cr P. Code. Hc cannot be tried again on the same facts cognate to or involved in the offence with which he was previously charged. In the former trial itself a charge under the Motor Vehicles Act could very well have been framed either as a substantive one or in the alternative under S.236 of the Cr. P. Code, He could have also been convicted under S.16 of the Motor Vehicles Act when he was tried for the offence under S.338 I.P.C. An acquittal in the former trial bars & second prosecution. Maksuddin Mistry v. Emp., (1921), 59 Ind. Cas. 207=22 Cr. L.J. 63=1921 Pat. 108. Jwalaprasad, J. Prosecution for offences should be discouraged :-Where a driven by a chauffeur of the accused who was the owner without a proper rear light, the facts being that though provision kad been made for a rear light, yet the illumination on the particular occasion was not sufficient to render the registered number legible at a reasonable distance, the owner who was not then on the car cannot be responsible and cannot be convicted. In such and similar cases it would be nothing than reasonable or just, in the first instance to point out to the driver (whether owner or servant) that the requirements of the law not being (strictly complied with. Should such warning be disregarded the offender could not possibly complain of being harassed and would only have himself to blame for not taking the friendly advice given. Magistrates should as far se lies in their power discourage prosecution for every trivial offense under the Motor Vehicles Act except when a previous warning has been ignored when public safety has in fact been endangered. Mahomed Surity v. Emp., (1924), 76 Ind. Cas 564=25 Cr. L.J: 196 +36 Cal. 415 Dist., 46 Cal. Ref=2 430 Bur. L. J. 201=1 Rang. 600 1924 Rang. 63. May Oung, J. Infringement of Rule Master and servant : It is not abetment of the offence for the master to omit to give information to his Bfrvant, unless the omission was illegal, that is to say, in disobedience to an obligation imposed upon him by law. Emp. o. Cooverji, (1916), • Bom. L.R. 159=5 Cr. L.J: 173=9 Bom; L:R. 161=5 Cr.L. J. 176. Infiction of fine should 'not be excessive :- A fine inflicted on accused person should not be excessive, having regard to his peeuniary means. Vide Emp., 0. Basappa, cided under 8,5, supra. more are or an [Ss. 17.-18. THE MOTOR VEHICLES ACT. 19 Punishment too severe :-Vide Charan Singh 0. Emp., cited under 815 Supra. See also cases cited under S.11, supra. 17. No Court inferiot to that of a Presidency Magistrate Cognizance of or a Magistrate of the second class shall try offences. any offence punishable under this Act or any rule made thereunder. 18. (1) A Local Government may, in its discretion- Cancellation (1) cancel or suspend any license granted under and suspension this Act, and of license and disqualification (i) declare any person disqualified for obtaining for obtaining a license under this Act either permanently license. or for such period as it thinks fit. (IA) The prescribed authority may, subject to such conditions anu limitations as may be prescribed, cancel or suspend any license granted under this Act. (2) Any Court by which any person is convicted of an offence against the provisions of this Act or any rule made thereunder or of any offence in connection with the driving of a motor vehicle shall, if such person holds a license under the Act, cause particulars of the conviction to be endorsed thereon and may, in respect of such person and of his license, if any, exercise the like Powers as are conferred by sub-section (1) on the Local Government: Provided that no order made by a Court under this subsection shall affect any person or license for a period exceeding one year from the date of such conviction. (3) Any Court before which the holder of a license under this Act is accused of any offence mentioned in sub-section (2) may suspend such license until the termination of the proceedings before it. (4) A copy of every order of cancellation, suspension or disqualification made under this section in respect of a license or the holder of a license shall be endorsed on the license, and a copy of every endorsement in accordance with the provisions of this section, shall be sent to the authority by which such license has been granted. (5) Every holder of a license shall, when called upon to do so, produce his license before any authority acting under this section.
20 THR MOTOR VEHICLES ACT. [Ss.18-19. (6) A person whose license has been cancelled or sus. pended in accordance with the provisions of this section, shall, during the period for which such order of cancellation has effect, or during the period of suspension, as the case may be, be disqualified for obtaining a license. (7) No person whose license has been endorsed or who has been disqualified for obtaining a license shall apply for, or obtain, a license without giving particulars of such endorsement or disqualification. Amendment :- Clause (1A) has been added by Act XXVII of 1920. a Suspension of license-Appeal-Appellate courts' power to intor. fere :- Where Magistrate in addition to imposing a fine for an cffence under S.16 of the Motor Vehicles Act suspends the license of a motor driver under S. 18(2), the sentence is, appealable and is also open to revision by the High Court. The order of suspension is as much a part of the sentence as an order under S.565 Cr. P. Code, and on appeal the appeallate Court can interfere with the order of ouspension and not merely with the fine imposed, Dekhlia Kumbi o. Emp., (1922), 65 Ind. Cas. 425=23 Cr. L.J. 73=1922 Nag. 71: Courts to exercise powers under s. 18(2):-The best way of stopping ing reckless driving of motor cars is for the Court to exercise its power under S. 18(2) of the Motor Vehicles Act, 1914, under which the Court shall cause particulars of the conviction to be endorsed on the license held by the driver and may cancel or suspend the license. Emp., v. Basappa. (1925), 27 Bom. L. R. 1056=8 Bom. Cr. Cas. 100= A.I.R. 1925 B. 526=90 Ind. Cas. 320=26 Cr. L.J. 1536. Fawcett und Madgaoka, JJ. 19. The enactments mentioned in the Schedule are repealed to the extent specified in the fourth column thereof : Repeale. Provided that any appointment, notification, order, rule, form or license made or issued under any of the said Acts, shall, so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been issued under the provisions of this Act, unlese and until it is superseded by any appointment, notification, order, rule, form or license made or issued under this Act, THE MOTOR VEHIOLES ACT. 21 SCHEDULE. (SHZ SECTION 19.) Enactments Repealed. Year. No. Short title. Sxtent of repeal I.-Act of the Governor General in Council 1912 XII The Motor Vehicles international Circu- The whole lation Act, 1912. II.-Madras Act. 1907 I The Madras Motor Vehicles Act, 1907. Tho whole III.-Bombay Act. 1904 II The Bombay Motor Vehicles Act, 1904 The wholo IV.-Bengal Act. The Bengal Motor Car and Cycle Act, 1903 The whole 1903 III 1911 II V.-United Provinces Act. The United Provinces Motor Vehicles The whole Act, 1911. VI.- Punjab Act. The Punjab Motor Vehicles Act, 1907 1907 II The whole VII.-Burma Act. 1906 II The Burma Motor Vehicles Act, 1906 Tho whole
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I THE MOTOR VEHICLES INTERNATIONAL CIRCULATION RULES, 1915. JUDICIAL. The 25th February 1915. No. 1066-C. Whereas the Government of India have acceded to a Convention with respect to the international circulation of motor cars concluded at Paris on the eleventh day of October, one thousand nine hundred and mine; In exercise of the powers conferred by section 14 of the Indian Motor Vehicles Act, 1914, VIII of 1914, and in No. 789, dated the 12th June supersession of the notifications of the 1913 2. No. 1'831-C., dated the 13th Government of India in the Home De. partment, noted on the margin, the Governor General in Council is pleased to make the following rules : March 1914 PART 1.-PRELIMINARY. I. These rules may be called the Motor Short title. Vehicles International Circulation Rules, 1915. 2. In these rules unless there is any- Definitions. thing repugnant in the subject or context “ The Convention means the Convention with respect to the international circulation of motor cars concluded at Paris on the IIth day of October, 1909. “ International Travelling Pass” means an International roadtravel certificate issued under article 3 of the Convention. PART II.-Motor Vehicles temporarily leaving British India. 3. For the purposes of the Convention, the Commissioner of Police in Calcutta, Bombay, Madras and Rangoon Constitution and duties of the comand elsewhere the District Magistrate shall patent authority under the Convention. be the competent authority and is hereby scopowered to carry out, in accordance with and subject to the provisions of these rules, the following duties, that is to say,- (a) when the owner of any motor vehicle desires to avail himself of the facilities given by the Convention during travel in any of tho Contracting States mentioned in Appendix A to the first schon dule to examine the vehicle, and, if satisfied, after such examination: (i) in the case of a motor car, that the car is suitable, or is of a type which has been declared by the Government of India to be suitable, for use on the highway outside India, and that it fulfils the conditions specified in paragraph z of the first sche dule, or (ii) In the case of a motor cycle, that the said conditions, as modified by paragraph 5 of that schedule are fulfilled ; to issue a certi. ficate of fitness, in Form A in the second Schedule or in a form to the like effect;
MOTOR VEHICLES ACT. (b) to examine any person submitting himself for examination, and if, upon examination, he is found to be competent, to issue to him a driver's certificate of competence in Form B in the second schedule, or in a form to the lika effect : Provided that a certificate of competence shall not be granted to any person who is under 18 years of age ; (c) subject to the conditions imposed by rule 4, to issue to the owners' of motor vehicles on behalf of the Local Government an International Travelling Pass, in Form C in the second schedule over the signature of a Secretary to the Local Government or a form to the like effect. Certificate. 4. (I) The following conditions shall be Conditions of issue of International fulfilled before an International Travelling Travelling Pass. Pass is issued : (a) every motor vehicle for which an International Travelling Pass is issued shall be a motor vehicle in respect of which a certificate of fitness shall have been issued in pursuance of rule 3; and (b) particulars as to the driver or drivers of the motor vehicle shall be specified on the International Travelling Pass in the place provided for the purpose, and every such driver shall possess a certi. ficate of competence issued in pursuance of rule 3. 5. Every driver's certificate of competence shåll have the photograph of the holder affixed thereon, with the date Photograph to be afixed to drivor's on which the photograph was taken : and such photographs must not be more than one year old at the time of issuing the certificate. 6. Every such certificate or pass shall Certificate or pass to be in English. be in English. 7. Every certificate of fitness or of competence, and every International Travelling Pass issued under the foregoing Validity of certificate or pass. provisions shall be valid for a period of one year from the date of issue, 8. The issue of every certificate of fitness or of competence, and of every International Travelling Pass shall be Certificate or pass to be registered, entered in a register to be maintained in the office of the Commissioner of Police, or the District Magistrate, as the case may be, in such form as he may consider suitable. 9. The issue of a certificate or pass under these rules shall be subject to the condition of the prepayment of the Fees payable on certificate or pass. following fees namely :- Rs. .. Certificate of fitness of motor car 3 Driver's certificate of competence International Travelling Pass Provided that in the case of a motor cycle, one-half only of the foregoing fees shall be chargeable. .. current. 10. A second International Travelling Pass shall not be necessary for any motor vehicle about to leave British Second pass not required if first is India, if the owner of the vehicle already holds such a pass and the term thereof has not expired : Provided that, in such a case, the original certificate shall be endorsed Or countersigned by the Chief Customs Officers at the port of re-embarkation.
MOTOR VEHICLES ACT. 3 of vehicle. PART III.-Motor cars arriving temporarily in British India. 11. Any person in charge of a motor vehicle landed at a port in British India holding in respect of such vehicle Application for endorsement of pass and registration of vebicle. an International Travelling Pass may on production of such pass, apply to the Chief Customs Officer of the port for the endorsement of his pass and for the registration of the motor vehicle covered thereby. 12. On receiving such an application, the Chief Customs Officer shall satisfy himself that the pass was issued by Duties of Chief Customs Officer on receipt of application. competent authority; that the period of its validity has not expired, and that the vehicle corresponds with the vehicle described in the pass and has affixed to it the plates required to be carried by article 4 of the Convention, and that the driver or drivers (if any), are the person or persons whose names appear on the pass. 13. If the Chief Customs Officer is satisfied that the requirements of rule 12 have been complied with be shall Endorsement of pass and registration endorse on the part of the pass set aside for the purpose the name of the port and shall sign, seal and date the endorsement, and shall enter in a register to be maintained by him the following particulars :- (a) Number. (6) Place of issue of International Travelling Pass. (c) Date of issue of pass. (1) Name of authority or association which issued pass. (e) Full name and home address of owner of car. ) Description of vehicle (1.8., motor car, motor cycle, etc.) (8) Shape and colour of body of vehicle. (a) Letters numbers on identification plates. (i) Date of registration. 14. The Chief Customs Officer shall forward without delay a copy of every entry made in his register in accord- Copy of entry in register to be sent ance with rule 13 in case of motor vehicles landed at Calcutta, Bombay, Madras and Rangoon to the Commissioner of Police, and in the case of motor vehicles landed elsewhere, to the District Magistrate. 15. The endorsement of an International Travelling Pass and the registration of the motor vehicles covered Effect of endorsement and registra. thereby in accordance with these rules shall during the validity of such pass, be deemed to be in compliance with the conditions subject to which the motor vehicle may be possessed, used and driven in British India by the persons, respectively, referred to in such pass. 16. In the case of a motor vehicle covered by an International Travelling Pass entering a district of British India Application of rules to motor vehicle entering British India by land. by land, the application referred to in rule II shall be made to the District Magistrate of that district, and these rules, other than rule 14, shall apply as if such District Magistrate were substituted for the Chief Customs Officer. 17. The owner of a motor vehicle which has been registered in accordance with the foregoing rules shall on the de- Production of before Chief parture of the motor vehicle from any port Customs Officer when motor vehicle in British India for a place outside British leaves for a place outside British India. India, cause the pass in respect of such vehicle to be produced before the Chief Customs Officer at that port who shall endorse the name of the port and shall siga, seal and date the endorsement, and enter in a register to be maintained by him the particulars specified in rule 13. to local executive authorities. tion. pass MOTOR VEHICLES ACT. FIRST SCHEDULE. CONDITIONS TO BE FULFILLED BY MOTOR CARS IN ORDER TO BE ALLOWED TO BE DRIVEN ON THE HIGHWAY, 1. Every motor car, in order to be allowed to be driven on the highway, outside India, must either (a) have been recognized as suitable for use on the highway, after an examination before the competent authority or (6) belong to a type approved by the Government of India. The examination must be directed specially to the following points :- (1) the machinery must be such as can be trusted to work efficiently, and must be so designed as to prevent, as far as possible, all danger of fire or explosion, as not to frighten by its noise any animals, whether ridden or driven, and as not to give rise to any other cause of danger to traffic or seriously to inconvenience by the emission of smoke or vapour any persons using the road. (2) the motor car must be provided with the following (a) a strong steering apparatus which will allow the car to be turned readily and certainty,; (b) a strong steering apparatus which will be adequate for its purpose : one at least of these brakes must be capable of acting rapidly and directly upon the wheels or upon brake-drums immovably fixed thereto; (c) a mechanism which is capable of preventing even on steep gradients, any backward movement if one of the brakes is not of itself sufficient for the purpose. (3) Every motor car whose weight unladen exceeds 350 kilogrammes must be so constructed that the driver can, from his seat, reverse the movement of the car by means of the driving power. (4) All the driving and steering apparatus must be so arranged that the driver can manipulate it with certainty and at the same time have a clear view of the road. (5) Every motor car must be provided with plates showing the name of the manufacture of the chassis and the manufacturer's number, the horse-power of the engine or the number and bore of its cylinders, and also the weight of the car unladen. It should also be provided with a horn and carry not less than two lamps in front and one behind so arranged as to throw light on the number of the car. CONDITIONS TO BE FULFILLED BY DRIVERS OF MOTOR CARS. 3. (1) The driver of a motor car must possess qualifications which provido a sufficient guarantee of public safety. (2) In so far as the driving of motor cars outside British India is concerned, no person may drive a motor car without having received for that purpose an authorization given by a competent authority after having shown himseli on examination to be competent. (3) Such an authorization must not be given to a person less than 18 years of age. ARRAXOEWEXT OF IDENTIFICATION MARKS ON MOTOR CARS. 4. No motor car shall be allowed to pass from one country into another unless it carries, fixed in a visible position on the back of the car, in addition to the pomber plate of its own nationality, a distinctive plate displaying letters indicating that nationality. The size of this plate and the mothod and sise of the lettering are prescribed in Appendix B.
MOTOR VEHICLES ACT.. 5 SPECIAL PROVISIONS WITH REGARD TO KOTOR CYCLES. 5. The foregoing rules in this schedule apply to motor tricycles and motor bicycles, subject to the following modifications :- (1) the machinery intended to prevent a car from slipping backwards, referred to in clause" (2) (c) of paragraph 2 of this schedule, is not required, nor is the reversing gear; (2) the distinctive nationality plate of motor cycles shall measure only 18 centimetres in width and 12 centimetres in height. The letters shall measure 8 centimetres in height, the breadh of eacha line being 10 millimetres. (3) Motor cycles should be provided with a horn and one lamp. APPENDIX A. CONTRACTING STATES. Principal countries. Great Britain. Monaco. Germany. Montenegro. Austria and Hungary. The Netherlands. Belgium. Portugal. Bulgaria. Roumania. Spain. Russia. France. Servia. Greece. Sweden. Italy, Switzerland. Luxembourg. Denmark. Colonies and dependencies. British India. Malta. Algiers. Northern Nigeria. Tunis. Southern Nigeria. Barbados. Seychelles Islands. Gibraltar. Sierra Leone. Leeward Islands. Jersy. Guernsey. APPENDIX B. The distinctive mark of the country of origin shall consist of an oval plate 30 centimetres in width and 28 centimetres in height, bearing one or more letters painted in black upon a white ground. The letters shall be formed of capital letters in Latin characters, and shall measure at least 10 centimetres in height, the breadth of each line being 15 millimetres. The distinctive letters for the different countries shall be the following :- Germany, D; Austria, A; Belgium, B; Spain, E; United States of America, US; France, F. Great Britain and Ireland, GB; Greece, GR; Hungary, H; Italy, I; Montenegro, MN; Monaco MC; the Netherlands, NL; Portugal, P; Russia, R; Roumania RM; Servia, SB; Sweden, S; Switzerland, CH; Bulgaria, BG; British India, BI ; Gibraltar, GBZ; Malta GBY; Luxembourg. L; Denmark, DK; Jersey, GBJ; Guernsey, GBG;
MOTOR VEHICLES ACT. SECOND SCHEDULE. FORM A. Number (International Convention of 1909.) BRITISH INDIA. CERTIFICATE OF FITNESS OF VEHICLE. This is to certify that the motor vehicle described hereunder has been examined and found to be fit for use on the highway outside British India. Name of owner of vehicle (in full -Name of Manufacturer Owner's home address- -Type of chassis or engine. Index letter and registered number Body of car Shape- Colourvehicle- Number of seat- Description of vehicle (e.8., Motor Weight of vehicle unladencycle, motor car, etc.) (in kilogrammes.) (Signature.) Calcutta Commissioner of Police, Madras etc. OY Date- Seal. District Magistrate- FORM B. Number (International Convention of 1909.) BRITISH INDIA. DRIVER'S CERTIFICATE OF COMPETENCE. has been examined and This is to certify that A. B.*. -offound to be competent to drive a motor vehicle. (Signature.) Calcutta Commissioner of Police, Madras etc. Seal. Date 07 District Magistrate- Photographs, and date when taken. * Insert full name and home address of driver.
MOTOR VEHICLES ACT. 7 FORM C. Travel by motor vehicle. (International Convention of 1909.) BRITISH INDIA. INTERNATIONAL CERTIFICATE FOR TEMPORARY FOREIGN TRAVEL This certificate is valid in all Contracting States * for one year only from the date of issue. ISSUE OF CERTIFICATE. Place- Date- Seal. (Signature.) Government Secretary to the Chief Commissioner, * These States are as follows: :0: Principal countries. Great Britain. Germany. Austria and Hungary. Belgium. Bulgaria. Spain. France. Greece. Italy, Luxembourg. Monaco. Montenegro. The Netherlands. Portugal. Roumania. Russia. Servia. Sweden. Switzerland. Denmark. Colonies and dependencies. British India. Algiers. Tunis. Barbados. Gibraltar. Leeward Islands. Guernsey. Malta. Northern Nigeria. Southern Nigeria. Seychelles Islands. Sierra Leone. Jersey.
8
MOTOR VEHICLES ACT.
Particulars regarding the vehicle.
Surname...
Owner of vehicle Christian name.
Address.
Description of vehicle (car, tricycle, etc.)
Name of maker....
Particulars of model of chassis..
Serial number of model, or maker's number, of chassis..
Number of cylinders..
Motor
Shape...
Body
Colour..
Total number of seats.
Weight of vehicle empty (in kilogrammes).
Registration number on identity plates...
Particulars regarding the driver or drivers.
Surname..
Christian name.
Where born....
Address..
Surname.
Christian name..
Where born..
Address..
'H. WHEELER,
Secretary to the Government of India.
II THE MOTOR VEHICLES (NATIVE STATES) RULES, 1916. Government of India Notification No. 627, dated the 6th July, 1916. Whereas it is expedient to prescribe conditions subject to which motor vehicles from Native States may be brought temporarily into British India, and there used and driven. Now, therefore, in exercise of the power conferred by section 14 of the Indian Motor Vehicles Act, 1914. (VIII of 1914), the Governor General in Council is pleased to make the following rules :- 1. These rules may be called the Motor Vehicles (Native States) Rules, 1916. 2. In these rules Magistrate" means the District Magistrate or in a Presidency Town, or Rangoon, the Commissioner of Police. 3. No motor vehicle owned by a person ordinarily resident in a Vative State, which is not duly registered under the said Act, shall be used or driven by any person in British India unless such motor vehicle bears such mark of identification as may be prescribed by the Political Officer for the territory in which the owner thereof ordinarily resides. 4. (1) Where any such motor vehicle is kept in British India for a period exceeding 10 days at any one time, no person shall use or drive the same unless authorised to do so under a permit issued in this behalf by the Magistrate. (2) The owner or person in charge may apply to the Magistrate for a permit under these rules and shall furnish him with a description of the motor vehicle and such other particulars as may be required by the said Magistrate. (3) The Magistrate may thereupon issue to the applicant, in such form and for such period as the said Magistrate may deem expedient, a permit to use the said velicle in British India. (4) Any Magistrate empowered under these rules may, from time to time, extend the period of any such permit, or, for reasons to be recorded, cancel the same. 5. Nothing in these rules shall affect any of the provisions of the Motor Vehicles International Circulation Rules, 1915, or apply to any motor vehicle covered by an International Travelling Pass. 6. Nothing in these rules shall apply to Rulers of Native States or to motor vehicles owned by them. Copy of G.G.O. No. 1697-1. A., dated the 14th August, 1916. I am directed to invite your attention to the rules which have been framed by the Governor General in Council under section 14 of the Indian Motor Vehicles Act, 1914, (VIII of 1914), and to communicate the following instructions in regard to the further action to be taken :- (a) Under rule 6 the Rulers of Native States, and motor vehicles owned by them, are exempted altogether from the operation of the rules. Ruling Princes and Chiefs should, however, be advised to have some crest or emblem affixed to the Durbar motor vehicles when entering British India so as to facilitate their recognition by British officials.
Ιο MOTOR VEHICLES ACT. (NATIVE STATES.) (6) If and when a Native State adopts the provisions of the Indian Motor Vehicles Act, 1914, as a State law, the fact should be notified to the various Local Governments and Administrations, in which case the rules framed under the Indian Motor Vehicles Act will not be enforced, and reciprocity in matters of licensing and registration will be granted on the same terms as subsist between the different provinces of British India. Where the Act is not adopted by a Durbar, the rules will apply. (c) To save inconvenience to private owners of motor vehicles duly registered in States whose Durbars adopt the provisions of the Act, it is desirable that the authorities of the neighbouring British districts should be advised through the Political Officer of the marks of identification or emblems that may be prescribed by the State. These should not conflict with the marks or emblems prescribed by other States or British provinces. (d) Any Durbars which have not adopted as a State law the provisions of the Indian Motor Vehicles Act, 1914, and do not contemplate doing so, should be requested to give due publicity to the provisions of the rules under discussion, and to warn private owners of motor vehicles before entering British territory to obtain the necessary mark of identification from the Political Officers accredited to the State. (6) In prescribing the marks of identification for any State within his political charge, the Political Officer will take into consideration any suggestions that may be made to him by the Durbar or Durbars concerned. He should transmit to the authorities of the neighbouring British districts a description of the mark of identification prescribed by him. No fee should be charged for the grant of the mark of identifications. If any Durbars have framed or contemplate framing Motor Vehicles Acts of their own they should be asked to grant reciprocity in the matter of licensing and registration to all motor vehicles from British India entering into or passing through Durbar territory. 2. I am to ask that a copy of the rules may be communicated to His Exalted Highness the Nizam's Government the Mysore Durbar the Durbars of Native States under your political control 2. I am to ask that a copy of the rules tre Baroda Durbar may be communicated to the Kashmir Durbar the Sikkim Durbar MOTOR VEHICLES ACT. (NATIVE STATES.) II Native States which have been granted reciprocity in matters of licensing and registration in accordance with para I (6) of G.G.O. No. 1697-IA, dated the 14th August, 1916. Serial No. Authority for reciprocity. G.O. Name of Native States. Where situated. Distinguishing letter. No. Date. I 2 3 4 5 6 I 261 1 Rarapur U. P. R.R. 18 M-2--1925 28-2-25. 2 Gwalior Central India G.S. 1394 61 M-6-1923 3-3-25. Bamra Orissa B.O.B.M. 1600 26 M-3-1924 9-3-25. 4 Gangpur Do, B.O.G.P. Do. 1684 26 M-3-1924 1698 671-M-I 5 Keonjhar Do, B.O K.J. Do. 6 Mayurbhanj Do. B.O.My. Do. Do. Patna Do, B.O Ptn. Do. . . Do. 8 Bepares U. P. Benares State. 7696 671-M-I Do. . Talcher B. &0. 9 B.O.T.C. 1704 671-M-I 2-3-25. Kalahandi. Do. IO B.O.K.L.I. Do. 9-3-25 II Bharatpur Rajputana. B.H.R. 1708 671-M-I Do. . I2 Travancore Madras T.V.R. 1702 671-M-I Do. 13 Cochin Do. C.S. Do. Do. 14 Pudukkottai Do. P.S. Do. Do. 15 Band B&O B.O.B.D. 1700 671-M-I Do. . 16 Nilgiri Do. B.O.N.L. Do. Do. 12 Kashmir J. & K. 1706 671-M-I Do.
III BENGAL. Notification. No. 12667P.--The 3rd October 1917.-In exercise of the powers conferred by section 11 of the Indian Motor Vehicles Act, 1914 (VIII of 1914), the Governor in Council is pleased to make the following rules regulating the use of motor vehicles in places in the Presidency of Bengal other than Calcutta (including suburbs) and the Municipality of Howrah. J. H. KERR, Chief Secy. to the Govt. of Bengal. Rules to Regulate the use of Motor Vehicles in the Bengal Presidency other than in Calcutta (including Suburbs) and the Municipality of Howrah. PART I.-PRELIMINARY. I. In these rules (1) "motor-car includes all motor Definitions. vehicles other than motor-cycles, roadrollers and vehicles which run on rails ; (2) "heavy motor-car means a motor-car exceeding two tons in weight when unladen; (3) " light motor-car means a motor-car not exceeding two tons in weight when unladen; (4) "motor-cycle” means a motor vehicle running on not more than three wheels, and weighing not more than three hundred-weights; (5) trailer means a vehicle drawn by a heavy motor-car ; (6)“ axle-weight” means, in relation to an axle of a heavy motor-car of a trailer, the aggregate weight transmitted to the surface of the road or other base whereon the heavy motor-car or trailer moves or rests by the several wheels attached to that axle when the car or trailer is laden; (7) registered axle-weight" means the axle-weight of the axle of a heavy motor-car as registered by the Commissioner in pursuance of the rules contained in Part III of these rules; (8) the expression "weight," when used in relation to a heavy motor-car or a trailer, means- (a) when the car or trailer is unladen, the weight of the vehicle, includ. ing all parts, equipments, stores, fuel, water and accumulators which are necessary for, or are ordinarily used with, the car or trailer when working : Provided that, where alternative parts or bodies are used, the heaviest shall be taken for the purpose of calculating the weight; and (b) when the car or trailer is laden, its weight, when unladen, plus its full lawſul load, including the wcight of the driver ; (9) the expression" width," when used in relation to the tyre of a wheel of a heavy motor-car, means the distance measured horizontally and in a straight line across the rim of the wheel and between the two points in the outer surface of the tyre which are farthest apart; (10) the expression " diameter," when used in relation to a wheel of a heavy motor-car, means the diameter measured between the two opposite points in the outer surface of the tyre which are farthest apart; and (11) Commissioner means the Commissioner of Police for Calcutta. (12) " Magistrate of the district" and “ District Magistrate" include a Sub-divisional Magistrate who may be specially authorized by Government to exercise the powers of a " District Magistrate" under these rules. % MOTOR VEHICLES ACT. (BENGAL.) 13 PART II.-All Motor Vehicles. 2. (1) No person shall drive, or have charge of, or use or cause or permit to be used, any motor vehicle, unless it is Registration. registered by the Commissioner in accordance with the provisions of these rules in a register kept in a form prescribed by him : Provided that, for the purposes of these rules,- (a) every motor vehicle which is in use on the 3rd October 1917 and which was registered under the rules previously in force under the Bengal Motor-car and Cycle Act, 1903, or under any rules in force in Calcutta and Howrah, or under any rules in force in any province other than Bengal and made under any local Act; and (6) every motor vehicle registered in any part of British India other than Bengal under rules framed under the Indian Motor Vehicles Act, 1914. shall be deemed to have been registered under these rules. (2) Every application for registration of a motor vehicle under sub-rule (1) of this rule shall be in such form and shall contain such particulars as the Commissioner may from time to time prescribe and shall be made to the Magistrate of the district in which the car is to be used. (3) The fee for registration shall be Rs. 32 for a heavy motor-car, Rs. 16 for a light motor-car, and Rs. 4 for a motor-cycle. (4) The registration of all motor vehicles, other than private motorcars and motor-cycles, shall remain in force for twelve months from the date of registration and shall be subject to annual renewal. If renewal is effected before the date of expiry of the registration, half the initial fee for registration shall be charged ; if not, the full fee for registration shall be charged. Duplicate registration certificates shall be charged for at the rate of rupees two each. (5) When a motor vehicle is transferred from one class to another or changes ownership it shall be registered afresh, the previous registration certificate being surrendered to the Magistrate of the district. The fee for such registration shall be Rs. 2. Duplicate registration certificates shall be charged for at the rate of rupees two each. (6) On the registration of each motor vehicle a certificate of registration in respect thereof shall be granted by the Commissioner. The Commissioner shall also forward a copy of each entry in the register to the Magistrate of the district concerned. 3. The Commissioner shall not register any motor vehicle unless he is satisfied on the report of the District Compliance with rules a condition Magistrate that the requirements of procedent to registration. these rules in respect thereof have been duly complied with. 4. During a period of one month from the 3rd October 1917 any failuro to comply with these rules, so far as they relate to the construction or use of heavy motor-cars or trailers, shall not be deemed to be a breach or contra. vention of the rules, if the failure occurs solely in relation to a car registered before, or to a trailer which is in use on, the October 1917. 5. Notwithstanding anything contained in these rules, if the Commis. sioner or the District Magistrate, at any Tomporary cancellation of rogistra- time after a motor vehicle has been regis. Non. tered, has reason to believe that it has ceased in any respect to conform to these rules, or that it is not maintained in such a condition as to be free from danger to the public, he may, after I4 MOTOR VEHICLES ACT. (BENGAL) tered owner. notice to the owner, direct that the registration be cancelled until the defects are remedied to his satisfaction. Every such order and every rescission of such order passed by a District Magistrate shall be reported to the Commissioner. 6. Whenever the registered owner of a motor vehicle changes his address, he shall report the new address to the Report of change of address by regis Commissioner through the District Magistrate. 7. Every transfer of ownership and every transfer of possession, whether temporary or otherwise, of a motor vehicle, registered under these rules, shall forthwith be reported to the Commissioner, through the District Magistrate, both by the registered owner and by the transferee. 7A. Whenever a motor vehicle is altered in respect of any of the particulars prescribed by the Commissioner, under rule 2, sub-rule (2), such alter. ation shall forthwith be notified to the Commissioner, through the District Magistrate, by the owner. 8. (1) The Commissioner shall assign a distinguishing number to every motor vehicle registered under these rules Marking and lettering. and shall record the name and address of the owner : Provided that a general number may, on payment of an annual fee not exceeding Rs. 32, be assigned to all or any motor vehicle for the time being in the possession of any manufacturer thereof and dealer therein, to be affixed to any such vehicle when on its way to be registered, or when on trial after completion, or when on trial by an intending purchaser, or when being used by a person licensed under rule 15 for the purpose of instructing any other person in the use of the vehicle. (2) When a general number has been assigned under the proviso to subrule (1) of this rule, the manufacturer or dealer aforesaid shall also distinctively mark every vehicle covered by the general number by an additional letter or letters. (3) Every such manufacturer or dealer shall maintain a register containing the following particulars with respect to every motor vehicle so numbered and marked which leaves his premises, namely (a) the date and time when the vehicle goes out; (b) the name of the person in charge thereof; (c) the purpose for which the vehicle is sent out; (d) the date and time of the return of the vehicle to the premises ; and (e) the distinguishing number and letter or letters affixed to the vehicle. 9. (1) No motor vebicle shall be used, unless the number assigned to it under sub-rule (1) of rule 8, and the letter Numbers and letters how to be ator letters (if any) required by sub-rule (2) tached, illuminated and maintained. of that rule, be attached in a conspicuous place in large white figures on a black ground legible at a reasonable distance Is front and back and on the back of any vehicle drawn by it. (2) The said numbers and letters shall be, in the case of a motor-car, at least 35 inches high and, in the case of a motor-cycle, at least 14 inches high, and shall be at least fths of an inch broad in every part. (3) The space taken up by each figure contained in such number (except the figure 1) and by each such letter shall be at least 24 inches, and the space between adjoining figures shall be at least half an inch. (4) The said numbers and letters shall have a margin of half an inch both above and below them, and a margin of one inch on either side. (5) Ona motor-cycle the front number and letter or letters may be shown on each side of a plate projecting forward.
„MOTOR VEHICLES ACT. (BENGAL.) 15 (6) During the time when lamps are required by rule 13 to be kept lit, the number and letter or letters at the back of a motor-car, or of a vehicle drawn behind a motor-car or motor-cycle, and the number in front of a motor-cycle, shall be illuminated, so as to be legible at a reasonable distance. (7) The number-plates for day use and those for night use need not be the same. (8) The numbers and letters referred to in this rule shall not be in any way obscured or rendered or allowed to become not easily distinguishable. 10. No motor vehicle shall be used, unless it isa (a) so constructed as to admit of its being at all times under full control so as to prevent undue inter- Construction and mair:tenance. ference with passenger or other traffic, and (6) maintained in such a condition as to prevent danger to the public or to any person riding in or on the vehicle. II. The width of a motor vehicle or trailer, as measured between its extreme projecting points, shall not exceed Width of a motor vehicle or trailer. seven feet six inches. 12. No motor vehicle shall be used, unless it is provided with two independent brakes or other means of stop- Brakes. page, in good working order, and of such efficiency that the application of either will be capable of forthwith stopping the vehicle : Provided that one such brake shall suffice for a heavy motor-car propelled by steam. 13. (1) To every motor-car when in use at night shall be affixed two lamps, one on either side, each exhibiting Lights. a white light visible to a reasonable distance forward and a red light visible to a reasonable distance in the reverse direction. If the two lamps do not exhibit a red light as above, there shall be attached to the back of the car one lamp showing a red light visible to a reasonable distance behind. (2) To every motor-cycle, when in use at night, shall be attached a lamp throwing a white light to a reasonable distance forward. (3) To every vehicle attached to a motor-cycle, when in use at night shall be affixed.--- (a) if the vehicle is drawn behind a motor-cycle, the lamps specified for motor-cars in sub-rule (I); (6) if the vehicle is attached in front of a motor-cycle, two lamps, one on either side, each exhibiting a white light visible to a reasonable distance forward and a red light visible to a reasonable distance in the reverse direction; or, (c) if the vehicle is attached to the side of a motor-cycle, one lamp on the side of the vehicle furthest from the motor-cycle, exhibiting a white light visible to a reasonable distance forward and a real light visible to a reasonable distance in the reverse direction. (4) No head-lights, other than head-lights lit by oil or candle, shall be attached to, or carried on, any motor-car, unless such head-lights are effectively hooded or screened. (5) So long as a motor-car or motor-cycle is in use during the period between half an hour after sunset and half an hour before sunrise, all lamps shall be kept lit and free from obstructions. 14. Every motor vehicle shall carry a horn or other instrument capable of giving audible and sufficient warning of Bell or born. the approach or position of the vehicle, and the driver shall sound such instrument whenever it may be necessary to do so :
16 MOTOR VEHICLES ACT. (BENGAL.) Provided that the District Magistrate may interdict, after such examina. tion and inquiry as is found necessary, the use in any municipal or suburban area of such types of horns, sirens, whistles or similar appliances on motor vehicles as are likely to constitute a public nuisance. 15. (I) No person shall drive a motor vehicle unless he holds a license in force for the time being; and no person Driver's license. shall employ any one to drive a motor vehicle who does not hold such a license. (2) The District Magistrate may grant a license to any one applying for the same on his being satisfied as to the capability of the applicant to drive a motor vehicle. (3) Every license so granted shall remain in force for a period of twelve months from the date of the issue thereof : Provided that if a licensee is desirous of renewing a license granted to him, and makes an application to the District Magistrate in this behalf on or before the date of the expiry of the license, the District Magistrate may renew the license, and the license so renewed shall continue in force for a further period of twelve months from the date on which it would otherwise have expired. (4) If no such application is made within the time prescribed the person shall, if he desires to possess a license, be required to take out a new license under sub-rule (I) and be liable to pay the full fee for such license. He shall also be liable, in the discretion of the District Magistrate, to pass a test for driving, for which a fee of Rs. 2 shall be charged. (5) There shall be payable for every license granted under this rule a fee of Rs. 1o in respect of a motor car and Rs. in respect of a motor cycle. Every license shall be subject to annual renewal, and if the renewal is effected on or before the date of expiry of the license, a fee of Rs 2 for a private license and Rs. 4 for a professional license shall be charged ; iſ the renewal is effected after the date of expiry the full fee shall be charged. Duplicates of licenses shall be charged for at the rate of half the initial fee for such licenses. Professional drivers shall appear in person for the renewal of their licenses. If a license is suspended or cancelled, the holder shall surrender it immediately to the Magistrate of the district. (6) There shall be separate licenses for professional drivers bearing the photographs of those drivers, and such details as the District Magistrate may from time to time require to be supplied to him. 16. No motor vehicles shall be driven at a greater speed than- (1) fifteen miles an hour within any municipal area if a light motor Spoed. car or motor cycle ; (2) ten miles an hour if a heavy motor car, and eight miles an hour if the axle-weight of any axle of the heavy motor car exceeds six tons, or if it draws a trailer. The provisions of this rule shall not apply to such motor vehicles as may be specially exempted by the Local Government in this behalf. 17. No person shall cause or permit the emission of smoke or visible vapour from a motor vehicle in such Emission of smoke or vapour from quantity as to cause annoyance or danger to the public. Rule of the road. 18. The driver of a motor vehicle sball keep on the left side of the road : Provided as follows: (a) he shall keep to the right of any vehicle or animal proceeding in the same direction which he desires to pass; and (6) he may pass any tram-car or other vehicle running on fixed rails on whichever side thereof he may consider necessary or expedient having due regard to the circumstances of the case and to the safety and convenienco of other users of the road. motor vehicle.
MOTOR VEHICLES ACT (BENGAL). 17 19. No motor vehicle shall be driven Prohibition of driving in public or any road, street or other public place placas. where the use of such vehicles is prohibited. (a) in the case of roads, streets and other public places vested in, or der the control and administration of, the Municipal Commissioners of any Municipality, or any District Board, by the Municipal Commissioners or the District Board concerned, or (6) in the case of roads, streets and other public places vested in or, under the control and administration of, the Public Works Department, whether within or outside Municipal or District Board areas, by that departinent. 20. On the occurrence of an accident such as is referred to in clause (c) of section 4 of the Indian Motor Vehicles Stopping when accident occurs. Act, 1914, the person in charge of the motor vehicle, on the request of a police officer in uniform or of any other person, shall give all possible assistance to any person injured by any such accident and shall, if necessary, help in conveying him to a hospital. 21. No motor vehicle shall be allowed to stand in any street or other public place unless it is attended by a Laaving motor vehiclo unattondod in stroot or other public place. person holding a license in force for the time being granted under rule 15. except vhon tho mochanism of such vehicle has been stopped. 22. No person shall, in any street or other public place, learn to drive a motor-car unless accompanied by a person Loaralng to drivo. holding a license in force for the time being granted under rule 15. PART III.- Heavy Motor-Cars. Additional rulas as to rogistration of 23. (1) For the purpose of the registra. mavy motor-cars. tion of heavy motor-cars (a) the register of motor vehicles prescribed by rule 2, sub-rule (1) shall contain a separate part, and all heavy motor-cars shall be registered in such part which shall be in such form as may be prescribed by the Commissioner; and (6) the application referred to in rule 2, sub-rule (2), shall contain a true declaration to be made by the applicant of - (i) the weight of the car when unladen, (ii) the axle-weight of each axle, (iii) the diameter of each wheel, and (iv) the width and material of the tyre of each wheel. (2) The declaration referred to in clause (6) of sub-rule (I) of this rule shall be made in the form prescribed by the Commissioner. (3) The Commissioner of Police, on the report of the District Magistrate or on other credible grounds for doubting the truth of the declaration made under clause (6) of sub-rule (I), may require that any car be produced, before registration or renewal of registration, before an officer appointed by him for verification of the particulars so declared at the nearest place where such verification is possible. (4) When a heavy motor-car has been registered the following particulars shall be entered in the register of motor vehicles referred to in rulo 2 namely :- (a) the weight of the car when unladen, as declared undar sub-rule (1) of this rule, (6) the axlo-weight of each axle, as so certified, or (if not so certified) as declared by the owner of the car, 18 MOTOR VEHICLES ACT (BENGAL). . (C) the diameter of each wheel, ich the width and material of the tyre of each wheel, and (c) the highest rate of speed at which, in conformity with rule 16, the car may be driven. (5) The registration of a heavy motor-car shall continue in force for a period of not more than twelve months from the date thereof; and, on the expiration of that period, the car shall be re-registered before it is again used on the street, half the initial registration fee being payable on such re-registration. Such re-registration shall continue in force for a period of not more than twelve months from the date thereof; but further re-registration may be effected annually on payment of the said half-fee. 24. (I) Upon receiving from the Commissioner a copy of the entries made in the register relating to a heavy Marking of heavy motor-cars. motor-car, the owner of the car shall cause to be painted or otherwise plainly marked in a conspicuous place (a) on the right or off-side of the car- (i) the registered weight of the car when unladen, and (ii) the registered axle-weight of each axle and (6) on the left or near side of the car. (i) the highest rate of speed at which, in conformity with rule 16, the car may be driven, and (ii) the owner's name and address. (2) The said marking shall be made in letters and figures not less than one inch in height, and of such shape and colour as to be clearly legible and clearly distinguishable from the colour of the ground whereon the said marking is made. (3) The owner of the car shall cause the said marking to be repaired or renewed as often as may be necessary to keep the letters and figures clearly legible and clearly distinguishable. 25. The previous registration of all heavy motor-cars in use on the 3rd October 1917 shall, notwithstanding any. Cancellation of previous registration. thing in the proviso to sub-rule (I) of rule 2, one month thereafter, be deemed to have been cancelled, except in the case of cars registered under the rules in force for Calcutta and Howrah. 26. (1) The axle-weight of a heavy Axlo weight of heavy motor-car. motor car shall not exceed the registered axle-weight. (2) The registered axle-weight of an axle of a heavy motor-car shall not exceed eight tons, and the sum of the registered axle-weights of all the axles of a heavy motor-car shall not exceed twelve tons. 27. (I) (a) In all the driving Tyres of heavy motor-cars. wheels of heavy motor vehicles shall be fitted with twin resilient tyres. (6) The non-driving wheels, if fitted with resilient tyres, shall, if the axle-load is or exceeds four tons, be fitted with twin tyres. (c) The non-driving wheels, if fitted with non-resilient tyres, shall be smooth and without any projection and shall not be constructed of separate plates separated by any spaces whatsoever. (2) The width of the non-resilient tyre of each wheel of a heavy motorcar shall be not less than six inches and the tyres of the wheels on the same axle shall be of equal width. (3) The permissible axle-load shall not exceed five hundred weights for each inch in width of the combined width of the two tyres of the axle in question. cases MOTOR VEHICLES ACT (BENGAL). 19 28. The diameter of the wheels of a heavy motor-car, if they are fitted with a tyre which is not pneumatic or Diameter of whools of heavy motor made of a soft or elastic material, shall be not less than two feet six inches. 29. (I) When any authority who is liable for the repair of a bridge affixes or sets up, in suitable and conspicuous Uso of heavy motor-car upon bridgos. positions on the bridge and on each approach to the bridge, notices stating that the bridge is insufficient to carry a heavy motor-car the registered axleweight of any axle of which exceeds such weight as may be specified in such notices, the owner of any such car shall not cause or suffer the car to be driven, and the person driving or in charge of any such car shall not drive the car upon the bridge, except with the written consent of the said authority. (2) No owner of a heavy motor-car, the axle-weight of any axle of which exceeds six tons, shall cause or suffer the car to be driven, and no person driving or in charge of any such car shall not drive the car upon any bridge at any time when another heavy motor-car is on the bridge. 30. No heavy motor-car shall be used on any road, street or other public place where the use of such vehicles is prohibited : (a) in the case of roads, streets and other public places vested in, or under the control and administration of, the Municipal Commis. sioners of any Municipality, or any District Board, by the Municipal Commissioners or the District Board concerned, with the approval of the District Magistrate, or (6) in the case of roads, streets or other public places vested in, or under the control and administration of the Public Works Department, whether within or outside Municipal or District Board areas, by that department. 31. (I) No heavy motor-car, which is used either as a stage carriage or otherwise for the conveyance of passen- Restriction on use of trailers. gers for gain or hire, shall draw a trailer. (2) Not more than one trailer shall be drawn by any motor-car: Provided that the District Magistrate niay, by order, for special reasons to be recorded by him, permit more than one trailer to be drawn by any such car upon such conditions (if any) as may be specified in such order. 32. The owner of every trailer shall cause to be printed or otherwise plainly marked on a conspicuous part of Marking of trailers. the right or off side of the trailer, in letters and figures not less than one inchin height, and of such shape and colour as to be clearly legible and clearly distinguishable from the colour of the ground whereon the said marking is made.-- (a) the weight of the trailer when unladen, and (b) the axle-weight of each axle of the trailer, if the weight of the trailer when unladen exceeds one ton ; and shall cause the said marking to be repaired or renewed, as often as may be necessary, to keep the said letters and figures clearly legible and clearly distinguishable. 33. The axle-weight of an axle of a Axle-weight of trailers. trailer shall not exceed four tons. 34. (I) Whenever the Commissioner, or any officer duly authorized by him in this behalf, has reasonable ground for suspecting that the axle-weight for the Power of Commissioner or his office time being of any axle of any heavy motorto ascertain axle-weight of beavy motorcar or trailer at any time. car or trailer drawn thereby exceeds the registered or marked axle-weight of that axle, he may 20 MOTOR VEHICLES ACT (BENGAL). (a) roquire the person driving or in charge of the car to drive the car, or cause it to be driven, with or without the trailer, to a weighing machine, and (6) cause the axle-weight for the time being of any such axle to be ascertained. (2) The person driving or in charge of such car shall comply with any such requirement, and shall to the best of his ability afford all such facilities as may reasonably be necessary for the purpose of ascertaining the axleweight as aforesaid. 35. To every trailer exceeding one ton in weight, when unladen, the wheels of which are fitted with tyres which are Widtb of tyres of trailers. not pneumatic or made of soft or elastic material, clause (c) of sub-rule (I) and subrules (2) and (3) of rule 27 shall apply, with the substitution- (a) of three inches for six inches as the minimum width of the tyres, and (6) of references to the axle-weights marked upon the trailer in pursu. ance of rule 32 for the references to registered axle-weights. 36. Rule 28 shall apply to every trailer exceeding one ton in weight, when unladen, the wheels of which are Diameter of wheels of heavy trailors. fitted with tyres which are not pneumatic or made of a soft or elastic material. PART IV. Motor-Cars and Heavy Motor-Cars used on hire for conveyance of passengers. 37. A driver of a motor-car for hire shall, in the absence of reasonablo cause to the contrary, proceed to the destination named by the hirer and by the shortest and quickest route. 38. No hirer shall refuse or omit to pay the legal fare for the hire of a motor-car; nor shall he refuse to supply his correct name and address to the driver in case of dispute in connection with the fare. 39. The brakes of a motor-car for hire shall be so affixed as to be capable of easy application. At least one brake shall be so made as to be applied by the foot of the driver, and at least one shall act directly upon the road wheels. 40. All brake and steering connections secured with bolts shall have such bolts secured with nuts, the same to be locked or pinned. 41. The wheel-tracks of the front and the rear wheels shall, so far as is possible, coincide (s.e., the wheel-track of the rear wheels shall be the same as the wheel-track of the front wheels); and in no case shall the width of the front wheel-track be less than that of the rear wheel-track or the wheel. tracks vary by more than 25 per cent. of the width. 42. All the underparts of a motor-car for hire inside the pivots of the front axle and steering arms (which shall be placed as near as possible to the road wheels), as far back at least as the rear axle, shall clear the ground at least 10 inches, sufficient allowance in addition being made to provide for the wear of the tyres, set of springs and other causes of lessened height, so that the minimum clearance of 10 inches is at all times maintained. 43. In every motor-car for hire the machinery shall be so constructed that no uadue noise or vibration is caused, and shall be maintained in such condition at all times. 44. The District Magistrate may prohibit the use in his district of a motorcar which is in his opinion unfit to ply for hire until such time as the defects MOTOR VEHICLES ACT (BENGAL). 21 are remedied to his satisfaction and shall report such prohibition to the Commissioner to be noted in the register. 45. The carrying capacities of all motor-cars for hire shall be fixed by the District Magistrate. 46. No driver of a motor-car for hire shall, when in charge of a motor-car for hire, be drunk or misconduct himself to the annoyance or inconvenience of his own passenger, other drivers of the public, or to the hindrance of traffic. 47. No motor-car registered under these rules shall be used in Calcutta, including its suburbs and the Municipality of Howrah, except in conformity with the rules in force for that area. PART V. 1.-ADDITIONAL RULES APPLICABLE TO THE DARJEELING DIS- TRICT. 48. Except as provided in rules 49 and 50, no motor vehicle shall be driven on any road in the district of Darjeeling. 49: (6) Motor cars not exceeding 20 horse-power and 21 hundred weights in weight, when loaded, may be driven on the following roads :- (1) All roads in the Terai of the district. (2) The Teesta Valley Road from Sivoke to Teesta bridge. (3) The Punkhabari Road from Kurseong Railway station to the entrance to Constantia. except those mentioned in sub-rule (iii). (ii) Motor-cars not exceeding 20 horse-power and 35 hundred weights in weight, when loaded, may be driven on the following roads :- (1) The Hill Cart Road from Siliguri to Darjeeling. (2) The Lebong Cart Road. (3) The Cart Road from Jorebungalow to Takdab Cantonment. (4) The Cart Road from Jorebungalow to Jalapahar. Note.--For the calculation of borse-power ao allowance shall be made for ratified air. (iii) Motor cars, not exceeding 10 tons in weight, when loaded, may be driven on the following roads in the Terai of the district, namely :- (1) Siliguri-Naxalbari Road. (2) Tirihana-Bagdogra Road. 50. Motor-cycles may be driven on the following roads, in addition to the roads mentioned in rule 49:- (1) The Ghoom-Simana Road. (2) The Sukhiapukri-Nagri Spur Road. (3) The Peshok Road from the sixth mile to Teesta Bridge. (4) The Rishi Road from Teesta Bridge to Kalimpong. 51. The Deputy Commissioner in Darjeeling or the Cantonment authority in cantonment areas may, from time to time, within the limits of their reme pective jurisdictions, prohibit motor traffic on any road or any portion of any road mentioned in rules 49 and 50 for the purposes of the prevention of danger or injury to the public or to any person or of obstruction to traffic. 52. The Deputy Commissioner or the Cantonment authority, referred to o rule 51, may add any road or part of a road lying within the limits of their espective jurisdictions to the lists of roads given in rules 49 and 50:
MOTOR VEHICLES ACT (BENGAL). Provided that, if any such road or part of a road be in charge of the Public Works Department, the sanction of the Superintending Engineer shall be obtained before such order is passed. Provided also that no Municipal road shall be added to the list of roads in rules 49 and 50 without the consent of the Municipality. 53. Notwithstanding anything contained in any other rule, no motor vehicle shall be driven within the limits of the district of Darjeeling at a speed exceeding 12 miles per hour, and within Municipal limits at a speed exceeding 9 miles per hour, and the speed in all bazars and round blind projecting corners shall not exceed 5 miles per hour. Note..The following roads and portions of roads shall, among other places be deemed to be bazars for the purpose of this rule, namely :- (1) From the Railway Engine Sbed, Kurseong, to the Clarendon Hotel. (2) From the Railway Engine Shod, Kurseong, to the entrance to Constantia, (3) From the Peshok Road turning (Jorebungalow) to the Ghoom Post Office. (4) From Darjeeling Railway station to the Hospital Jbora. (5) The whole of the Cart Road within the limits of the Jal apabar and Katapabar Cantonments. (6) From the Mess House, Takdah, to the end of Takdab Cart Road. (7) Darjeeling chowk (from the market to the railway goods shed) and between the thana at Jore bungalow and Seacbal Road. II.-RULES APPLICABLE TO THE DARJEELING HILL CART ROAD BETWEEN SUKNA AND DARJEELING. 54. The following rules shall apply to the Darjeeling Hill Cart Road between Sukna and Darjeeling. 55. (I) Every driver of a motor vehicle shall stop at each railway station (including Sukna and Darjeeling), and before proceeding to the next station shall ascerta from the station-master, who shall give him the information in writing, whether any train or motor vehicle has left the said next station on its way to the station where he is stopping. The driver of the vehicle shall acknowledge the receipt of the information in a book to be kept for the purpose. (2) At the starting station of a motor vehicle no proceed order shall be issued over any section until all trains and motor vehicles proceeding in the opposite direction, which have not been warned, have arrived at the starting station of the motor vehicle. If no train is on its way from the next station the driver may proceed, and on his so doing the station master shall take steps immediately to advise the next two stations ahead of having started in order that drivers of subsequent trains and motor vehicles may be made aware of there being a motor vehicle on the section. This rule applies to all motor vehicles and motor cycles with or without side-cars. 56. When two motor vehicles meet, the down vehicle shall be brought to a standstill on the left hand side of the road on the first information of the approach of the other vehicle and shall not proceed on its journey until the up vehicle has passed : Provided that this rule shall not apply to motor-cycles without side-cars. III.-RULES APPLICABLE TO MUNICIPAL AND CANTONMENT AREAS. 57. The following rules shall apply to the Municipalities of Darjeeling and Kurseong and to the Cantonments of Katapahar, Jalapahar, Lebong and Takdab. 58. (1) No motor vehicle shall be driven within the limits of the Muni. cipalities of Darjeeling and Kurseong and the Cantonments of Katapabar, Jalapahar, Lebong and Takdah, except on a special permit from the Deputy Commissioner, Darjeeling:
MOTOR VEHICLES ACT (BENGAL). 23 Provided that nothing in this rule shall be deemed to prevent a motor vehicle being driven along the portion of the Cart Road lying within the Municipality of Kurseong on its way to a destination outside such area. (2) The Deputy Commissionet may refuse, for any reason which may appear to him sufficient, to grant such permit to any applicant. (3) All permits granted under this rule shall be valid until the 31st March next following the date of issue. (4) No charge will be made for the issue or renewal of permits. (5) Names of all the roads along which motor vehicles may be driven shall be specified on the permits issued under this rule. 59. (I) Motor vehicles shall not be used within municipal and Cantonment areas, unless fitted with adequate silencers. (2) No motor-cycle shall be ridden in the said areas with the cot-out open. 60. The Deputy Commissioner, Darjeeling, may cancel or suspend, for any reason which may appear to him sufficient, any permit granted by him ander these rules.
60 On $6 or OT 10 IV.. CALCUTTA AND HOWRAH. Rules regulating the use of Motor Vehicles in Calcutta (including Suburbs) and the Municipality of Howrah as corrected up to the 31st December 1922. PART I.--Preliminary, 1. In these rules motor-car" includes all motor-vehicles other than motor-cycles, roadrollers and vehicles which run Definitions. rails; () heavy motor-car' means a motor-car exceeding two tons in weight when unladen; (3) " light motor-car" means a motor-car not exceeding two tons in weight when unladen; motor-cab taxi-cab" means a light motor-car which stands or plies for hire in any public place; motor-omnibus motor stage-carriage means a motor-vehicl. (not being a motor-cab) which plies for hire and has seating accommodation for eight or more passengers ; (6) "motor-lorry means a motor-vehicle which is ordinarily used for the carriage of goods. (7) motor-cycle means a motor-vehicle running on not more than three wheels, and weighing not more than three hundred-weights ; (8) "trailer" means a vehicle drawn by a motor-car ; (9) "axle-weight” means the aggregate weight transmitted to the surface of the road or other base whereon a heavy motor-car or trailer moves or resta by the several wheels attached to that axle when the car or trailer is laden; (10) "registered axle-weight" means the axle-weight of the axle of a heavy motor-car as registered by the Commissioner in pursuance of the rules contained in Part III of these rules ; (11) the expression weight," when used in relation to a heavy motor. car or a trailer, means (a) when the car or trailer is unladen ; the weight of the vehicle, in. cluding all parts, equipments, stores, fuel, water and accumu. lators which are necessary for, or are ordinarily used with, the car or trailer when working : provided that, where alternative parts or bodies are used, the heaviest shall be taken for the par. pose of calculating the weight; and () when the car or trailer is laden, its weight when anladen plus ita full lawful load, including the weight of the driver ; (12) the expression "width," when used in relation to the tyre of a whool of a heavy motor-car, means the distance measured horizontally and in a straight line across the rim of the wheel and between the two points in the outer surface of tyre which are farthest apart; (13) the expression " diameter," when used in relation to a wheel of a heavy motor-car, means the diameter measured between the two opposite points in the outer surface of the tyre which are farthest apart; and (14) “Commissioner means the Commissioner of Police for Calcutta. (15) " Owner proprietor" means the person registered as such by the Commissioner; (16) " Attendant" or conductor means every person, except driver, who is authorized to attend upon the passengers or vehicle. 40 1 66 or MOTOR VEHICLES ACT (CAL. & HOWRAH). 25 PART II.-All Motor Vehicles. 1. (1) No motor vehicle shall be used, unless it is registered by the Commissioner under these rules in a register Registration, kept in a form prescribed by him : Provided that every motot-vehicle which is in use on the ist April, *1915 and was registered under rules formerly in force under the Bengal Motorcar and Cycle Act, 1903, or in any other province under the local Act of that Province; and every motor-vehicle registered elsewhere in British India under rules framed under the Indian Motor Vehicles Act, 1914, shall be deemed to have been registered under these rules. (2) Every application for such registration under sub-rule (1) of this rulo shall be in such form and shall contain such particulars as the Commissioner may from time to time prescribe. (3) The fee for registration shall be Rs. 32 for a heavy motor-car, Rs. 16 for a light motor-car and Rs. 4 for a motor-cycle. The registration of all motor-vehicles, other than private motor-cars and motor-cycles, shall remain in force for twelve months from the date of registration and shall be subject to annual renewal. If renewal is effected before the date oi expiry of the registration, half the initial fee for registration shall be charged ; if aot, the full fee for registration shall be charged. Duplicate registration certificates shall be charged for at the rate of rupees two each. (4) When a motor-vehicle is transferred from one class to another of changes ownership, it shall be produced for inspection and shall be registered afresh, the previous registration certificate being surrendered to the Commissioner of Police. The fee for such registration shall be Rs. 2. Duplicate registration certificates shall be charged for at the rate of rupees two each. 2. The Commissioner shall not register any motor-vehicle unless he is satisfied that the requirements of these Compliance with rules & condition precedent to registration. rules in respect thereof have been duly met. 3. No person shall drive or have charge of, or cause or permit to be used, any motor-vehicle or trailer which does not Continuous compliance with rules. in all respects conform to these rules, or which is so driven or used as to contraveno any of these rules : Provided that, during a period of one month from the ist April, 1915. any failure to comply with these rules, so far as they relate to the construction or use of heavy motor-cars or trailers, shall not be deemed to be a breach or contravention of the rules, if the failure occurs solely in relation to a car registered before, or to a trailer which is in use on the 1st April, 1915. 3A. No person shall drive or have charge of, or cause or permit to be used, any motor-vehicle without the permission or consent of the owner. 4. If the Commissioner, at any time after a motor-vehicle has been registered, has reason to believe that it has Temporary cancellation of registration. ceased in any respect to conform to these rules, or that it is not maintained in such a condition as to prevent danger to the public, he may, after notice to the owner, direct that the registration be cancelled until the defects are remediod to his satisfaction. 5. Whenever the registered owner of a motor-vehicle changes his addresa, Report of change of address by regis. he must report the new address to the Commissioner. 6. Every transfer of ownership and every transfer of possession, whether tomporary or otherwise, of a motor vehicle registered under these rules must forthwith be reported to the Commissioner by the registered owner and by the transferee. tered owner.
26 MOTOR VEHICLES ACT (CAL, & HOWRAH). .. 6A. Whenever a motor-vehicle is altered in respect of any of the particulars prescribed by the Commissioner under rule 1, sub rule (3), such altera. tion shall forthwith be notified to the Commissioner by the owner. 7. (7) The Commissioner shall assign a distinguishing number to every motor-vehicle registered under these rules, Markdog and lettoring. and shall record the name and ddress of the owner : Provided that a general number may, on payment of an annual fee of Rs. 32, be assigned to all or any motor-vehicle for the time being in the possession of any manufacturer thereof or dealer therein, to be affixed to any such vehicle when on its way to be registered, or when on trial after completion, or when on trial by an intending purchaser, or when being used by a person licensed under rule 15 for the purpose of instructing any other person in the use of the vehicle. (2) When a general number has been assigned under the proviso to subrule (1) of this rule, the manufacturer or dealer aforesaid shall also distinctively mark every vehicle covered by the general number by an additional letter or letters. (3) Every such manufacturer or dealer and every owner of a public motor-vehicle shall maintain a register containing the following particulars with respect to every motor-vehicle so numbered and marked which leaves his premises, namely- (a) the date and time when the vehicle goes out; (b) the name of the person in charge thereof; (c) the purpose for which the vehicle is sent out; (d) the date and time of the return of the vehicle to the premises; and (6) the distinguishing number and letter or letters affixed to the vehicle. (4) The said register shall be opened at all reasonable times to the inspection of the Commissioner or any person duly authorized by him in writing in this behalf or any other competent authority. 8. (1) No motor-vehicle shall be used, unless the number assigned to it under sub-rule (1) of rule 7, and the letter Numbers letters how to be or letters (if any) required by sub-rule (2) attached, illuminated and maintained. of that rule be attached in a conspicuous place to the satisfaction of the Commissioner in large white figures on a black ground legible at a reasonable distance on the front and back of the car or cycle and on the back of any vehicle drawn by the car or cycle. (2) The said numbers and letters must be in the case of a motor-car at least 31 inches high and five-eighths of an inch broad in every part. The space taken up by each figure contained in such number (except the figure 1) and by each such letter must be at least 20 inches in width. (3) In the case of a motor-cycle the dimensions in clause (2) will be except that each number and letter must be three-eighths of an inch broad halved, in every part. (4) The space between adjoining letters and figures must be at least half an inch and there must be a margin of half an inch at the top and bottom and a margin of one inch at the sides of the plate. (5) On a motor-cycle the front number and letter or letters may be shown on each side of a plate projecting forward. (6) During the time when lamps are required by rule 13 to be kept lit, the number and letter or letters at the back of a motor-car, or of a vehicle drawn behind a motor-car or motor-cycle, and the number in front of a motor-cycle, shall be illuminated in a manner to be approved by the Commissioner so as to be legible at a reasonable distance. (7) The number-plates for day use and those for night use need not be the same. (8) The numbers and letters referred to in this rule shall be in any way obscured or rendered or allowed to become not easily distinguishable. and MOTOR VEHICLES ACT (CAL. & HOWRAH). 27 9. No motor-vehicle shall be used, unless it is .(a) so constructed as to admit of its being at all times under full control Construction and maintenance. • so as to prevent undue interference with passenger or other traffic, and (6) maintained in such a condition as to prevent danger to the public or to any person riding on the vehicle. 9A. The Commissioner may direct the registered owner of a motorvehicle to produce it for inspection at such time and place as he may prescribe and the owner shall be bound to comply with that direction. In the case of motor-cabs such inspections shall take place at least once a year, but for sufficient reasons the Commissioner may direct that they be made at any time. 10. The width of a motor-vehicle or trailer as measured between its extreme projecting points shall not exceed Width of a motor-vehicle or trailer. seven feet six inches. 11. Every motor-vehicle and trailer must be constructed with suitable Springs of a motor-vehicle or trailer. and sufficient springs between each axlo and the frame. 12. No motor-vehicle shall be used, unless it is provided with two independent brakes or other means of stoppage, Brakes. approved by the Commissioner, in good working order, and of such efficiency that the application of either will be capable of forthwith stopping the vehicle: Provided that one brake shall suffice for a heavy motor-car propelled by steam. 13. (1) To every motor-car when in use at night shall be affixed- two lamps, one on either side, each exhibiting Lights. a white light visible to a reasonable distance forward and a red light visible to a reasonable distance in the reverse direction. If the two lamps do not exhibit a red light, as above there shall be attached to the back of the car one lamp showing a red light visible to a reasonable distance behind. No side lights other than side lights lit by oil or candle shall be attached to or carried on any motor-car, unless such side lights are under six candle power. (2) To every motor-cycle when in use at night shall be attached a lamp throwing a white light to a reasonable distance forward. (3) To every vehicle attached to a motor-cycle when in use at night shall be affixed (a) if the vehicle is drawn behind a motor-cycle, the lamps specified for motor-cars; (6) if the vehicle is attached in front of a motor-cycle, two lamps, one on either side, each exhibiting a white light visible to a reasonable distance forward and a red light visible to a reasonable distance in the reverse direction ; (c) if the vehicle is attached to the side of a motor-cycle, one lamp.on the side of the vehicle furthest from the motor-cycle, exhibiting a white light visible to a reasonable distance forward and a red light visible to a reasonable distance in the reverse direction. (4) No head-lights, other than head-lights lit by oil or candle, shall be attached to, or carried on, any motor-car, unless such head-lights are hooded or screened to the satisfaction of the Commissioner: Provided that no head-lights of any description shall be used in Calcutta on and within the limits of Strand Road (North), Galiff Street, Upper Cir. calar Road, Lower Circular Road, Canal Road, Napier Road from its junction with Canal Road to its junction with New Strand Road, New Strand Road and Strand Road (South).
28 MOTOR VEHICLES ACT (CAL. & HOWRAH). (5) So long as motor-car or motor cycle is in use during the period between three-quarters of an hour after sunset and one hour before sunrise, all lamps shall be kept lit and free from obstructions. 14. (1) Every motor-vehicle shall carry a hand bulb horn capable of giving audible and sufficient warning of its approach and position. (2) The driver of a motor-vehicle shall not sound his horn for any purpose other than that of ensuring safety in traffic and shall not sound his horn continuously. The sounding of horns for the purpose of attracting the attention of possible passengers is expressly forbidden. (3) No cut-outs, exhaust whistles, sirens, klaxons, electric horns or similar appliances of any description shall be used on any motor-vehicles in Calcutta and its suburbs and within the Municipality of Howrah. 15. (I) No person shall drive a motor-vehicle in a public place unless ho holds a license in force for the time being granted by the Commissioner of other competent authority authorizing him to drive such a motor-vehicle. (3) Every application for a driving license shall be in such form as the Commissioner may from time to time prescribe, and shall contain a true statement of the particulars therein set forth. (3) (i) Any person who drives a motor-vehicle for hire or for a remuneration shall hold a professional license. Every applicant for a professional driving license shall produce a medical certificate in the form appended to these rules after being examined by one of a panel of medical practitioners nominated for the purpose by the Local Government. The fee payable for such medical examination or re-examination shall be Rs. 5. The Commissioner shall have power to require the holder of a professional driving license to undergo a fresh medical examination, if in his opinion to be recorded in writing, there is reasonable doubt as to the holder's physical fitness to drive a motor-vehicle.
MOTOR VEHICLES ACT (CAL. & HOWRAH). 29 MEDICAL CERTIFICATE. For applications for a professional license to drive a motor-vehicle. Is he less than 18 years of ago 7 2. Is the applicant, to the best of your judgment, subject to epilepsy, vertigo or any montal ailment likely to affect his eficiency? # Doos the applicant suffer from any heart or lung disorder which might interfere with the performance of his duties as a driver ? 4. (a) Is there any defect of vision ? If so, bas it been corrocted by suitable spectacles ? (6) Does the applicant suffer from night-blindness ? (c) Is there any defect of hoaring ? Has the applicant any deformity or loss of membors which would in. terfere with the efficient performa. ance of his duties as a driver? 6. Is bo sufficiently active for the per formance of his duties? 7. Does be show any evidence of being addicted to the excossivo uso of alcobol, tobacco or drugs? 3. Is boin your opinion gonorally fit as regards (a) bodily health and (o) tomparament for the duties of a motor-vehiclo driver ? ....... Marks of idontification. .... NOTE.Spocial attention should be directed to distant vision, to the condition of the un hand and joints of the upper extremitie. (Sigard) Namo...... ...... Designation....... Data.. w..
30 MOTOR VEHICLES ACT (CAL. & HOWRAA). (ii) Private licenses shall only be issued to those who do not drive for hire or for a remuneration. (iii) No person shall hold a private license and a professional license to drive a motor-cab at the same time. (4) A license shall be granted by the Commissioner to any person who satisfies him that he is of good character, a competent driver and physically fit to drive by day or night, and also, in the case of an applicant for a professional license to drive a motor-cab, that he satisfies the conditions of Part IV, rule 5. (5) Every license shall contain the name and address of the licensee, and shall specify the class of vehicle he is authorized to drive : Provided that a professional license shall also bear the photograph and identification marks of its holder. (6) Every license shall remain in force for a period of twelve months from the date on which it is granted, or until its suspension or cancellation, when it shall be surrendered to the Commissioner. (7) (i) A fee of Rs. 10 shall be payable for license to drive a motor-car and Rs. 4 for a motor-cycle. (ii) A separate fee shall be charged in respect of each of the three classes of motor-cars, namely, light motor-cars, motor-cabs, and heavy motor-cars, for which the applicant desires to be licensed. (iii) A fresh fee shall be charged for every subsequent examination after a candidate has failed to pass the required test in the previous examination. A second or subsequent test shall not be allowed at an interval of less than three months from the previous test. (iv) Duplicates of licenses shall be charged for at the rate of half the initial fee for such licenses. (8) Every license shall be subject to annual renewal to be effected on or before the date of expiry. If the renewal is effected on or before the date of expiry of the license, a fee of Rs. 2 for a private license and Rs. 4 for a professional license shall be charged ; if the renewal is effected after the dato of expiry, the full fee shall be charged. (9) Professional drivers shall appear in person for the renewal of their licenses. (10) Every applicant for a professional driving license shall have his application endorsed by the person in charge of a training school approved by the Commissioner, and shall undergo a driving test. 15A. No unlicensed person shall drive a motor-vehicle in order to receive instruction, and no person shall instruct an unlicensed person to drive a motor-vehicle in any public place within a five-mile radius of Government House, Calcutta, unless such motor-vehicle is fitted with a duplicate clutch and brake. 15B. Any driving license may be suspended or cancelled by the Suspension cancellation Commissioner if the holder of the drivers' licenses. license (a) is convicted of any offence punishable under the Indian Motor Vehicles Act, 1914, or any other Act, involving- (i) danger to human life. or (ii) hurt or injury to any person or animal, or (iii) damage to any vehicle or property, or (iv) abuse of or assault on a passenger or police-officer ; provided that the offence was committed while the holder was driving a motor-car or riding a motor-cycle or acting as conductor or attendant of or in charge of a motor-vehicle; (6) is convicted of a breach of rule 19 of Part II, i.e., reckless, negligent or improper driving ; and of MOTOR VEHICLES ACT (CAL. & HO WRAH). 31 (c) alters or defaces his license by erasure or otherwise, or allows it to be so altered or defacod; (d) lends his license to or allows it to be used by any other person ; (e) contravenes the provisiðns of rule 15A of Part II ; ) is found under the influence of alcobol or of any intoxicating drug while driving a motor-car or riding a motor-cycle or acting as conductor or attendant of or in charge of a motor-vehicle ; (8) fails to notify to the Commissioner any change of address as required by rule 27 of Part II. 15C. Any driving license shall also be subject to suspension or cancellation by the Commissioner if the holder of the license (a) is, in the opinion of thr. Commissioner, unable to exercise his calling without risk to the public, or (6) habitually contravenes the provisions of the Indian Motor-Vehicles Act, 1914, or the rules made thereunder. 15D. A certified copy of the particulars entered in the registers of driving licenses and registered motor-vehicles shall be furnished to every person applying for the same on payment of a fee of eight annas in respect of each license or registered motor-vehicle. 16. No motor-vehicle shall be driven at a greater speed than- (1) fifteen miles an hour-if a light motor-car or motor-cycle ; (2) ten miles an hour if a heavy motor-car, and 8 miles an hour, if the axle-weight of any axle of the heavy motor-car exceeds six tons, or if it draws a trailer. The provisions of this rule shall not apply to such motor vehicles as may be specially exempted by the Local Government in this behalf. i7. No person shall cause or permit the emission of smoke or visible vapour from a motor-vehicle in such Emission of smoke or vapour fram quantity as to cause annoyance or danger aaotor-vehicles. to the public. 18. The driver of a motor-vehicle shall keep on the left side of the Rule of the road. road: provided as follows:- (a) he shall keep to the right of any vehicle or horse proceeding in the same direction which he desires to pass; and (6) he may pass any tram-car or other vihicle running on fixed rails on whichever side thereof he may consider necessary or expedient, having due regard to the circumstances of the case and to the safety and convenience of other users of the road. 19. No motor-vehicle shall be driven recklessly or negligently, or at, any speed or in any manner which is likely Prohibition of reckless, negligent or improper driving. to endanger human life or to cause hurt or injury to any person or animal or damage to any goods carried in any vehicle or by any person, or which would be otherwise than reasonable and proper with due regard to all the circumstances of the case, including the nature, condition and use of the street or public place and the amount of traffic which is actually on it at the time or which may reasonably be expected to be on it. 19A. The driver or person in charge of a motor-vehicle shall not carry any attendant or other person on the foot-board or any other portion of the vehicle, except within the body thereof or behind the vehicle which has been passed by the registering authority. 20. No motor-vehicle shall be driven on any foot-way or in any street or other public place where the use of : Prohibiton of driving on foot-ways motor-vehicles is prohibited by the Comor in prohibited places. missioner or (in Howrah) by the District Magistrate.
32 MOTOR VEHICLES ACT (CAL. & HOWRAH). when 21. The driver of a motor-car shall not cause the car travel backwards for a greater distance or time than is con- Motor-car travelling backwards. sistent with the public safety. 22. (I) The person in charge of a motor-vehicle shall cause the vehicle to stop and to remain stationary so long Stopping upon request or accident occurs. as may reasonably be necessary- (a) when requested to do so by any Police-officer in uniform, for the purpose of regulating traffic or of ascertaining the name and address of such person, or for any other reasonable purpose, or (6) when requested to do so by any person having charge of a restive horse, or (c) when the presence of the vehicle has caused an accident to any person or to any animal or vehicle in charge of any person. (a) The request referred to in clauses (a) and (6) of sub-rule (1) may be made by such police-officer or person putting up his hand as a signal to stop, or at night in such manner as the Commissioner may direct. (3) The person in charge of a motor-vehicle, on the request of any police officer in uniform, or, on the occurrence of an accident such as is referred to in clause (c) of sub-rule (1), on the reasonable request of any other person, shall produce his license for inspection and (a) truly state his name and address, and the name, place of abode and business of the owner of the vehicle, and (6) give all possible immediate assistance to any person injured by any such accident and, if necessary, help in conveying him to a hospital 23. The person in charge of a motor-vehicle shall not allow it to stand in any street or other public place so as Standing in street or other public place. to cause undue obstruction. 24. No motor-vehicle shall be allowed to stand in any street or other Leaving motor vehicle unattended in public place unless it is attended by a atreet or other public place. person holding a subsisting license granted under rule 15, except when the mechanism of such vehicle has been stopped. 25. The person in charge of a motor-vehicle shall obey all directions of Police-officers in uniform posted or station- Obedience to directions of polico. ed at crossings or other places for the regulation of traffic. 26. The driver of every motor-vehicle shall drive from the right-hand side of the vehicle. 27. Every professional driver and every conductor or attendant shall notify every change of his address in writing to the Commissioner of Police. PART III.-Heavy Motor-cars. Additional rules as to registration of heavy motor-cars. 1. (1) For the purpose of the registra. tion of heavy motor-cars (a) the register of motor-vehicles prescribed by rule 1, sub-rule (1), in Part II shall contain a separate part, which shall be in such form as may be prescribed by the Commissioner of Police; and (6) the application referred to in rule 1, sub-rule (), in Part II, must contain a declaration by the applicant of (i) the weight of the car when unladen, (ii) the axle-weight of each axle. (iii) the diameter of each wheel, and (iv) the width and material of the tyre of each wheel. (a) The declaration referred to in clause (6) of sub-rule (1) of this rule must be made in the form prescribed by the Commissioner of Police.
MOTOR VEHICLES ACT (CAL. & HOWRAH.) 33 (3) Before a heavy motor-car is registered, the weight of the car when unladen, and if the Commissioner of Police so directs, the axle-weight of each axle of the car, shall be ascertained by or in the presence of an officer appointed in this behalf by the Commissioner. (4) The said officer shall certify the weights or weight so ascertained, and shall make any necessary correction in the statement of weights declared by the owner; and shall also satisfy himself that the tyres of wheels of the car, if the tyres are not pneumatic nor made of a soft or elastic material, are of the dimensions required by rule 5 in this part. (5) The owner of the car shall, for the purposes of sub-rules (3) and (4) of this rule, cause the car to be driven or brought to any such place as the Commissioner may appoint. (6) Upon the registration of a heavy motor-car- (a) the weight of the car when unladen, as certified under sub-rule (3) of this rule, (h) the axle-weight of each axle as so certified, or (if not so certified) as declared by the owner of the car, (c) the diameter of cach wheel, (d) the width and material of the tyre of each wheel, and (e) the highest rate of speed at which, in conformity with rule 16 in Part II, the car may be driven, shall be entered in the register of motor-vehicles. (7) The registration of a heavy motor-car shall continue in force for a period of not more than twelve months from the date thereof; and on the expiration of that period the car must be re-registered before it is again used on the street, half the initial registration fee being payable on such re-registration. Such re-registration shall continue in force for a period of not more than twelve months from the date thereof; but further re-registration may be effected annually on payment of the said half-fee. 2. (7) Upon receiving from the Commissioner a copy of the entries made in the register relating to a heavy motorcar, the owner of the car shall cause to be Marking of heavy motor-cars. painted or otherwise plainly marked in a conspicuous place (a) on the right or off-side of the car- (i) the registered weight of the car when unladen, and (ii) the registered axle-weight of each axle, and (6) on the left or near side of the car. (i) the highest rate of speed at which, in conformity with rule 16 in Part II, the car may be driven, and (ii) the owner's name and address. (2) The said marking shall be made in letters and figures not less than one inch in height, and of such shape and colour as to be clearly legible and clearly distinguishable from the colour of the ground whereon the said marking is made. (3) The owner of the car shall cause the said marking to be from time to time repaired or renewed as often as may be necessary to keep the letters and figures clearly legible and clearly distinguishable. 3. (1) Notwithstanding, anything. contained in the proviso to sub-rule Fresh registration of, or grant of, (1) of rule 1 in Part II, the owner of every certificate for beavy motor-cars which heavy motor-car which is in use on the were registered under former rules. Ist April, 1915 and was registered under rules formerly in force under the Bengal Motor-car and Cycle Act, 1903, must, within one month from the ist April, 1915, either (a) apply to the Commissioner for the registration of the car under these rules, or 34 MOTOR VEHICLES ACT (CAL. & HOWRAH). (6) cause the car to be taken to the Commissioner, or to an officer appointed by him in this behalf, for the purpose of obtaining a certificate showing that the provisions of rules i and 2 in this Part have been sufficiently complied with in respect of the car. (2) Also, notwithstanding anything contained in the proviso to subrule (1) of rule in Part II, if the owner of every heavy motor-car registered in any Province other than Bengal, under the Motor-Vehicles Act of that Province or under rules framed in that Province under the Indian Motor- Vehicles Act, 1914, and brought into Calcutta or Howrah after the 18t April, 1915, must, before the vehicle is brought into use in Calcutta or either (a) apply to the Commissioner for the registration of the car under these rules, or (6) cause the car to be taken to the Commissioner, or to an officer appointed by him in this behalf, for the purpose of obtaining a certificate showing that the provisions of rules 1 and 2 in this Part have been sufficiently complied with in respect of the car. (3) If the Commissioner or the said officer is satisfied that the provisions of rules 1.and 2 in this part have been sufficiently complied with in respect of a car brought to him under either of the two foregoing sub-rules, he may grant a certificate to that effect, and thereupon the car shall be deemed to have been registered under these rules, and the Commissioner shall cause to be made in the register of motor-cars such entries in respect of the car as are required by sub-rule (b) of rule in this part. (4) Until it has been registered under these rules, or the certificate referred to in sub-rule (3) has been obtained, no heavy motor-car shall be used, except for the purpose of being taken to be registered or examined for the purposes of sub-rule 1 or 2 of this rule. (5) The previous registration of all heavy motor-cars in use on the ist April, 1915. shall, one month, thercaſter, be deemed to have been cancelled. 4. (1) The axle-weight of a heavy motor-car shall not exceed the Axle-weights of heavy motor-car. registered axle-weight. (2) The registered axle-weight of an axle of a heavy motor-car shall not exceed eight tons, and the sum of the registered axle-weights of all the axles of a heavy motor-car shall not exceed twelve tons. 5. (1) (a) No heavy motor-car shall be licensed unless the car be fitted with pneumatic or resilient tyres of a soft and elastic material. The width of the tyres to be fitted to a heavy motor-car and its trailer shall be prescribed by the Commissioner and shall vary according to the diameter of the wheel and the unit of registered axle-weight. Sectional tyres must not be fitted to a vehicle submitted for inspection and license : Provided that the Commissioner may, for special reasons to be recorded in writing, permit steel or iron tyres. (6) In all cases the driving wheels of heavy motor-vehicles shall be fitted with twin resilient tyres. Tyres of heavy motor-car. (c) The non-driving wheels, if fitted with resilient tyres, shall, if the axle-load is or exceeds four tons, be fitted with twin tyres. (d) The non-driving wheels, if fitted with non-resilient tyres, must be smooth and without any projection, and shall not be constructed of separate plates separated by any spaces whatsoever. (2) The width of the non-resilient tyre of each wheel of a heavy motorcar shall be not less than six inches and the tyres of the wheels on the same axle shall be of equal width. (3) The permissible axle-load shall not exceed five hundredweights for each inch in width of the combined width of the two tyres of the axle in question.
MOTOR VEHICLES ACT (CAL. & HOWRAH). 35 6. The diameter of the wheels of a heavy motor-car or trailer must not Diameter of wheels of heavy motor be less than 2' 6". car. 7. (1) When any authority who is liable for the repair of a bridge affixes or sets up in suitable and conspicuous Use of heavy motor-car upon bridges. positions on the bridge and on each approach to the bridge notices stating that tue bridge is insufficient to carry a heavy motor-car, the registered axle-weight of any axle of which exceeds such weight as may be specified in such notices, the owner of any such car shall not cause or suffer the car to be driven, and the person driving or in charge of any such car shall not drive the car upon the bridge, wxcept with the written consent of the said authority, (2) No owner of a heavy motor-car, the axle-weight of any axle of which exceeds six tons, shall cause or suffer the car to be driven, and no person driving or in charge of any such car shall drive the car upon any bridge at any time when another heavy motor-car is on the bridge. 8. No heavy motor-car, except conservancy motor-cars belonging to the Corporation of Calcutta, Fire Brigade engines, motor ambulances and police motor-vans, shall be allowed to use (1) the Queen's Way, and (2) the Red Road on the Calcutta maidan. 9. (1) No heavy motor-car which is used either as a stage carriage or otherwise for the conveyance of passengers Restriction on use of trailers. for gain or hire shall draw a trailer. (2) Not more than one trailer and only such type as may be approved by the Commissioner shall be drawn by any motor-car: Provided that the Commissioner may, by order for special reasons to be recorded by him, permit more than one trailer to be drawn by any such car upon such conditions (if any) as may be specified in such order. (3) The maximum length of a trailer excluding coupling shall be 14'. (4) The coupling shall not be more than 4' in length; it must be rigid and so constructed as to bear the strain put on it. (5) There shall be one licensed attendant on every lorry and trailer to prevent unauthorised persons being carried and to apply the brake if provided on the trailer. 10. The owner of every trailer shall cause to be printed or otherwise plainly marked on a conspicuous part of Marking of trailer. the right or off-side of the trailer, in letters and figures not less than one inch in height, and of such shape and colour as to be clearly legible and clearly distinguishable from the colour of the ground whereon the said marking is made, (a) the weight of the trailer when unladen, and (b) the axle-weight of each axle of the trailer, and shall cause the said marking to be from time to time repaired or renewed, as often as may be necessary, to keep the said letters and figures clearly legible and clearly distinguishable. Aula-weight of trailors. II. The axle-weight of an axle of a trailer shall not exceed four tons.
36 MOTOR VEHICLES ACT (CAL. & HOWRAH). 12. (1) Whenever the Commissioner, or any officer duly authorized by him in this behalf, has reasonable ground Power of Commissioner or his office to ascertain axle-weight of heavy motor for suspecting that the axle-weight for the car or trailer at any time. time being of any axle of any heavy motor-car or trailer drawn thereby exceeds the registered or marked axle-weight of that axle, he may (a) require the person driving or in charge of the car to drive the car, or cause it to be driven, with or without the trailer, to a weighing machine, and (6) cause the axle-weight for the time being of any such axle to be ascertained. (2) The person driving or in charge of such car shall comply with any such requirement, and shall to the best of his ability afford all such facilities as may reasonably be necessary for the purpose of ascertaining the axleweight as aforesaid. 13. To every trailer the provisions of rules 5 (1) (a) and (d), 5 (2) and 5 (3) shall apply with the substitution of (a) of four inches for six inches as the minimum width in case of nonresilient tyres. 14. The wheel tracks of both front and rear wheels of every trailer shall coincide, and they must follow within six inches of the wheel tracks of the tractor. The measurement from centre to centre taken in line with the axles must not be less than 5' 6". PART IV.-Motor-cabs (“Taxis"'). 1. No light motor-car shall stand or ply for hire in any public place for the conveyance of passengers unless it is registered as a motor-cab, and no motor-cab shall be used, except for hire by the public. 2. (a) Each new type of motor-car intended for registration as a motorcab must be presented at such time and place as the Commissioner may appoint for inspection, together with detailed specifications and drawing to illustrate particulars of construction required by these rules. A preliminary inspection of the chassis may be applied for by the owner. (6) If, after the type has been approved, defects develop which, in the opinion of the Commissioner, render it unsuitable as a type for public service, the Commissioner may withdraw such approval. 3. The following measurements and requirements for a motor-cab should be adhered to: (1) CHASSIS.—The wheel-base must in all cases be so proportioned that skidding or other improper movements shall be as far as possible avoided. The springs of the chassis must be properly hung, and must be of sufficient strength and flexibility to meet all likely contingencies. Those springs carrying the load must be attached to, or bear upon the back axle, as near to the wheels as possible; the distance between the outsides of the rear springs shall not be less than 40 inches. The front springs must be as wide apart as possible, but not less than 26 inches from outside to outside. HORSE POWER.—Maximum 20 horse power, R. A. C. rating. (2) Body- Height.--Inside from the top of the seat cushions to the hood at the lowest part must not be less than 40 inches. Width. ----Minimum must not be less than 40 inches. Width of doorway must not be less than 21 inches, and the door must be so constructed that it opens to the fullest extent and causes no inconvenience to passengers. Width of seats. Not less than 14 inches, and of back seat not less than 16 inches.
MOTOR VEHICLES ACT (CAI.. & HOWRAH). 37 Width between seats.-Where the cab is provided with front and back seats, the measurement between the front edges of the cushions must not be less than 19 inches. The space on the near side of the driver shall be fitted with a platform for luggage and also a drop seat. Hood.--The hood must be on the one-man pattern and fitted with approved side screens. (3) The total overall length of the chassis and body shall not exceed 14 feet, and the extreme breadth shall not exceed 5 feet inches. 4. No person shall be registered as the owner or possessor of a motorcab, unless, in the opinion of thr Commissioner, he is a fit and proper person and provides and maintains a suitable garage. 5. An applicant for a motor-cab driver's license shall, before receiving such license, satisfy the Commissioner that he is acquainted with the principal places and streets in and around Calcutta and Howrah, that he has a thorough knowledge of the prescribed rates for hire and that he is in all respects a fit person to be the driver of a motor-cab. 6. The driver of a motor-cab shall wear at all times when on duty (a) a uniform prescribed by the Commissioner, which he shall keep neat, clean and serviceable, and (b) a metal badge bearing his number in a conspicuous position. The badge shall be supplied free of cost and shall remain the property of the Commissioner. The driver shall not allow it to be defaced or to be used by any other person under any circunstances whatever, and shall surrender it to the Commissioner, if his license expires or is suspended, or is cancelled. Duplicate badges shall be supplied at the rate of two rupees each. 7. The owner or person in possession of a motor-cab), the driver of which contravenes ruie 6, shall also be deemed to have contravened the said rule. 8. No person other than the actual driver shall be employed on a motor cab as an attendant or otherwise. 9. (1) No motor-car shall be used as a motor-cab, unless it is fitted with an approved taxi-meter or other mechanical device for automatically and visibly registering on each occasion the fare to be charged according to the rates for distance or time or a combination of distance and time. The taximeter must be fitted to and operated from a “ non-driving wheel.” Every taxi-meter when in use shall be locked and sealed, so that it may not be tampered with. (2) Every taxi-meter shall be fitted with an indicator or handle in the form of a flag, on which shall be printed the words for hire." The taximeter shall be so constructed that when the indicator is vertical the taximeter shall be out of action. Such indicator shall be so placed as to be clearly visible to any person outside of and in front of the vehicle, and to the hirer when inside. (3) The vertical position of the indicator shall indicate that the vehicle is available for hire, and no driver shall without reasonable excuse refuse to accept a fare when the indicator is in the vertical position. (4) Any owner, driver, attendant or other person who shall break or tamper in any way with the seal placed on the taxi-meter, or who shall, with intent to deceive, tamper with the taxi-meter or the driving mechanism thereof, shall be deemed to have committed a breach of this rule. 10. (1) No taxi-meter which has not been approved by the Commissioner shall be affixed to a motor-cab. (2) Taxi-meters are only to be fitted in such positions and in such manner as may be approved by the Commissioner, the positions and manner to be determined by the construction of the motor-cab. 66 38 MOTOR VEHICLES ACT (CAL. & HOWARH). (3) A taxi-meter shall under no circumstances be used upon a motorcab in connection with a wheel the circumferance of which is different from that for which the ineter has been designed, geared and tested. (4) No taxi-meter which is in any way defective shall be used upon a motor.cab. (5) No flexible or driviug gears except such as are approved by the Commissioner may be used, and they must be so affixed that no part of the cable, etc., can be readily reached by an unauthorized person. All connections must be so made as to be capable of being sealed in an approved manner to prevent improper removal. (6) The owner of a motor-cab of which the registration has expired or been cancelled shall forthwith either detach the taxi-meter, notifying the Commissioner in writing to that effect, or produce the motor-cab for renewal of the registration. II. Every taxi-meter referred to in rule 9 shall, after it is affixed to a motor-cab, whether for the first time or after repair or other re-adjustment, be submitted to the Commissioner or to such officer as he may empower in this behalf for the purpose of examination as to correctness of fittings, and of subjection to a practical road-test over a measured distance of one mile and a time-test of not less than half an hour. If found to be correct, the taxi-meter and its fittings shall then be sealed to the motor-cab in such a manner that it cannot be removed or tampered with without the seals being broken or removed. 12. Every taxi-meter shall, at the end of each period of six months (the first of such period, commencing from the date of the test referred to in rule 11), be submitted to a test similar to that prescribed by rule 11 : Provided that every taxi-meter shall at any time, if so required by the Commissioner, be submitted to him, or to such officer as he may empower in this behalf, for the purpose of undergoing such test or any portion thereof. 13. The owner of every motor-cab shall cause to be kept in the cab, for the inspection of the public, a register in which the testing officer referred to in rule II shall, after each of the test prescribed in rules II and 12, enter the date and result of such test. 14. Every motor-cab shall be provided with a light so placed as to illuminate the taxi-meter at night. 15. In every motor-cab there shall be available for the inspection of hirer a list of rates, and the fare charged for the hire of the motor-cab shall not exceed the maximum fare calculated according to the scale of such of the said rates as may be applicable. 16. The driver of every motor-cab shall, as soon as he is hired, and not before, set the taxi-meter in motion, and upon the termination of the hiring sball immediately stop the same. If he neglects or fails to do so, he shall be deemed to have committed a breach of this rule : Provided that, in the event of a motor-cab whilst hired being unable to proceed from any accident, mechanical derangement or tyre failure, either temporarily or otherwise, the driver shall at once stop the mechanism of the taxi-meter as against the hirer, and shall not re-start the same until such time as he is able to proceed. The hirer shall be liable to pay the fare up to the time of the stoppage. 17. A driver of a motor-cab shall, in the absence of reasonable cause to the contrary, proceed to the destination named by the hirer and by the shortest and quickest route. 18. The brakes of a motor-cab shall be so affixed as to be capable of easy application. At least one brake shall be so made as to be applied by the foot of the driver, and at least one shall act directly upon the road wheels.
MOTOR VEHICLES ACT (CAL. & HOWRAH). 39 19. All brake and steering connections secured with bolts shall have such bolts secured with nuts, the same to be locked or pioned. 20. Every motor-cab shall be capable of being readily steered, and able to turn on each lock and to proveed in a contrary direction within a roadway not more than 30 feet wide from kerb to kerb. 21. The wheel-tracks of the front and the rear wheels shall, so far as possible, coincide (i.e., the wheel-track of the rear wheels must be the same as the wheel-track of the front whcels), and in no case shall the width of the front wheel-track be less than that of the rear wheel-track or the wheeltracks vary by more than 24 per cent. of the width. 22. All the underparts of a motor-cab inside the pivots of the front axle and steering arms (which must be placed as near as possible to the road wheels), as far back at least as the rear axle, must clear the ground at least 10 inches, sufficient allowance in addition being made to provide for the wear of the tyres, set of springs and other causes of lossened height, so that the minimum clearance of 10 inches is at all times maintained. 23. It shall be the duty of the owner to see that all parts of the mechanism of the car are periodically inspected and kept in proper working order, and a register shall be kept of such inspections in a convenient form, giving such particulars as the Commissioner may prescribe. This register shall be open at any reasonable time to the inspection of the Commissioner or any person duly authorized by him in that behalf. Any failure to maintain this register or to produce it when called for by lawful authority shall be deemed to be a breach of this rule. 24. In every motor-cab the machinery shall be so constructed that no andue noise or vibration is caused, and shall be maintained in such condition at all times. 25. Carburetters must not, in any motor-cab, be placed in close proximity to magnetos or to connection of wires carrying an electric current, unless such magnetos and wire-connections are respectively screened off or encased in a suitable manner. 26. A second tap shall be provided between the tank and the carburetter, and shall be so fixed that it can be shut off or turned from the exterior of the car. Every motor-cab shall also carry some particular form of efficient fire-extinguisher 27. No oil shall be allowed to drop upon the roadway, and where a tray or under-shield is fixed below the mechanism of the car for the purpose of preventing this or for any other purpose, such tray or under-shield shall be so placed or constructed that no petrol from the tank, supply pipe or carburetter can collect therein. 28. Tanks for petrol must be so placed that any overflow shall not fall on or soak into cushions, upholstery or floor mats in or about the body and the filling nozzle shall be brought to and permanently fixed to some point outside the body. No petrol shall be poured into the tank whilst the engine is running or whilst any lamp other than an electric lamp is burning in or on any portion of the car. 29. Effective means shall be provided in every motor-cab for preventing the heat of the motor or of the exhaust pipe connections from injuriously affecting other parts of the motor-cab or interfering with the comfort of passengers. All wires carrying electric current must be properly insulated and protected from injury, and so placed that they cannot be a source of danger. 30. The outlet from the silencer shall not, in any motor-cab, be so placed as to project the exhaust directly on to the road, or be so placed or directed as to alarm horses that may be immediately behind the cab. 31. Every motor-cab shall have at least one driving wheel fitted with an approved means of preventing or limiting side slip, and shall carry at 40 MOTOR VEHICLES ACT (CAL. & HOWRAH). a least one spare inflated tyre and rim or other approved device which can, if necessary, be quickly fitted to any wheel. 32. Every motor-cab shall be provided with adequate means for the conveyance of a reasonable quantity of luggage and with a sufficient number of chains, straps or other means of securing such luggage. No luggage shall be carried on the roof of the cab, unless there has been affixed thereto guard rail of a type approved by the Commissioner or by such officer as he may empower in this behalf. 33. Where acetylene or other gas is used to light the carriage, the cylinders or vessels which contain the gas or in which it is generated must be fixed outside in such a position as to minimize the danger of accidental ignition. 34. No celluloid or xylonite fittings shall be placed inside or outside any motor-cab : Provided that this rule shall not apply to the side curtains and hood; and the accumulators contained in such cab if suitably boxed. 35. No printed, written or other such matter except particulars required by these rules shall appear on the outside or inside of a motor-cab or be carried by way of advertisement. The number of every motor-cab shall be shown clearly on the inside of the cab in an approved manner. 36. The cushions of the seats in every motor-cab shall be stuffed and covered with suitable material and provided with clean covers in good condition. 37. All the appointments and furniture of a motor-cab shall be maintained in good order and repair, the paint and varnish in good condition and the inside perfectly clean. The floor shall be covered with a suitable mat. 38. The Commissioner or such officer as he may empower in this behalf may prohibit the use of a motor-cab which in his opinion is unfit to ply for hire by breaking the seals of the meter and notifying the owner. 39. The carrying capacity of all motor-cabs shall be fixed by the licensing officer and shall be shown clearly on the inside of the cab. No motor-cab shall be licensed to carry in the body of the cab more than three passengers, unless it is fitted with front seats facing the back seat, sufficient to accommodate the additional passengers permitted. The space on the near side of the driver may be used for a passenger or luggage at the option of the hirer. 40. The driver of a motor-cab immediately after any hiring shall carefully search for any property accidentally left in it and shall take the same within 24 hours, if not soonir, claimed by the owner, to the nearest policestation. 41. The drivers at motor-cab stands shall observe the following rules, namely:- (1) The drivers of the first two motor-cabs on the stand must stay beside their cabs and must be ready to be hired at once by any person; all motor-cabs on the stand must move up as vacancies occur. (2) Every motor-cab on the stand shall be kept as near as possible to the kerb or near side of the stand. No motor-cab shall be kept at the stand at a greater distance than one foot from the motorcab next in front or remain with its front wheels off the straight or at an angle to the sides of the stand. (3) No motor-cab engaged for some future time shall remain on the stand, unless the driver is willing to accept any intermediate hiring that may be offered. (4) No disabled motor-cab shall remain on the stand. 42. No driver of a motor-cab shall- (a) be drunk during his employment, b) make use of insulting or abusive language or gesture.
MOTOR VEHICLES ACT (CAL. & HOWRAH). 41 (c) stand (elsewhere than at some stand or other place appointed for the purpose) or loiter for the purpose of being hired, in or upon any public street or road or place, (d) refuse to give way (whgn he reasonably and conveniently may do so) to any other vehicle, (e) wilfully obstruct or hinder the driver of any other motor-cab in taking up or setting down any person into or from such othor motor-cab. ) wrongfully prevent or intend to prevent the driver of any other motor-cab from being hired. (8) demand more than the proper fare to which he is legally entitled. (h) before he has been discharged by the hirer, desert from the hiring, (i) ply for hire with any motor-cab which is at the time unfit for public use, or () shout in order to attract the attention of the public or of a possible hirer, or, for any other reason, act in such a way as to cause inconvenience or annoyance to the public. 43. No person shall wilfully deface or injure any motor-cab. 44. (1) A single tariff shall be charged at the rate of z annas for every sxth of a mile. The minimum charge shall be 8 annas. The tariff shall be in force throughout the day and night within the following limits :- EAST OF RIVER HOOGHLY. North.-The Gun Foundry and Dum Dum roads. East.--The Eastern Bengal Railway line, the new canal, Pagladanga road, Tangra road, Topsia road and Dilkusha street. South.--The Eastern Bengal Railway line, West -The Taratola and Nimak Mahal Ghat roads. West OF RIVER HOOGHLY. The Municipality of Howrah. (2) For journeys outside these limits, the said tariff shall be charged while the motor-cab is occupied, and if the return journey is made by the motor-cab unoccupied, an additional charge shall be made for the return journey to the nearest point on the said limits. Such additional charge shall be at the rate of six annas a mile (3) If the motor-cab is licensed for more than three passengers, and at any time during the hiring more than three passengers are carried together, the driver shall be entitled to an extra payment of six annas for every passenger above three so carried, provided that in the case of children, under the age of ten years, the extra payment for each child shall be two annas only. (4) The driver shall be entitled to a waiting charge at the rate of Re. 1-14 per hour, or two annas for each four minutes, at all times during the day or night: 45. No hirer shall refuse or omit to pay the legal fare for the hire of a motor-cab, nor shall he refuse to supply his correct name and address to the driver in case of dispute in connection with the fare. 46. Notwithstanding anything contained in these rules, if there is any. thing in the construction, working or general appearance of a motor-cab or its fitting or attachments which, in the opinion of the Commissioner. renders the vehicle unfit for public use, it shall not be registered.
42 MOTOR VEHICLES ACT (CAL. & HOWRAH). PART V.-Motor-omnibuses. 1. For the purpose of these rules a "motor-omnibus." or motor stage carriage" means a motor-vehicle (not being a motor-cab) which plies for bire and has seating accommodation for eight or more passengers. 2. Every motor-omnibus plying for hire a public place shall be registered annually and shall hold a subsisting certificate. 3. Notwithstanding anything to the contrary in sub-rule (3) of rule i in Part II of these rules, the fee payable for the first registration of a motorcar intended for use as a motor-omnibus shall be Rs. 15 and the fee payable for every re-registration of such a car shall be Rs 8. 4. The conductor of a motor-omnibus or stage-carriage shall, immediately after the completion of a journey, carefully search for any property acci. dentally left in it, and shall take the same within 24 hours, if not sooner claimed by the owner, to the nearest police-station. 5. (1) No person shall act as a conductor of a motor-omnibus unless he holds a subsisting license granted by the Commissioner of Police or some other competent authority authorizing him to conduct a motor-omnibus, and no person shall employ any one to conduct a motor-omnibus who does not hold such a license, for which a fee of Rs. 10 is payable with an annual renewal fee of Rs. 2. (2) No person shall act as a driver of a motor-omnibus unless he holds a subsisting license granted by the Commissioner of Police or some other competent authority authorizing him to drive a motor-omnibus and no person shall employ any one to drive a motor-omnibus who does not hold such a license, for which a fee of Rs. 10 is payable with an annual renewal fee for Rs. 2. (3) Every conductor and every driver of a motor-omnibus or stagecarriage shall wear a prescribed uniform and badge. 6. No passenger shall refuse or omit to pay the legal fare for the journey in a motor-omnibus. 7. (1) Every motor-omnibus must be presented for inspection in thoroughly good condition, and no vehicle will be certified fit for public use unless it is properly painted and varnished. A proprietor may, if he so desires, apply for a preliminary inspection of the chassis. (2) The following conditions must also be strictly complied with, namely :- (a) each new type of motor vehicle intended for registration as a motoromnibus must be presented at such place as the Commissioner of Police may appoint for inspection; and (b) the proprietor must at the time of inspection produce a certificate from the maker or importer stating that the materials of which all the parts of the vehicle are constructed are good, that the machinery is safe, and that the vehicle is in every way fit for use as a public carriage. 8. (1) If, after the inspection, the vehicle is approved, such approval may extend to all vehicles of that description, and others of the same type need not be again presented, except as hereinafter provided, but may be taken to such place as the Commissioner may appoint to be registered and passed, provided a certificate from the maker or importer is submitted with each vehicle presented for registration, stating that it is in every respect similar to that already approved and respecting which a certificate has been furnished. (2) Notwithstanding anything contained in sub-rule (1), if after the type has been passed, defects develop, which in the opinion of the Commissioner render it unsuitable as a type for public service, the Commissioner may withdraw such approval entirely or until the defects have been remedied to his satisfaction.
MOTOR VEHICLES ACT (CAL. & HOWRAH) 43 are in no case 3 tons. . . 9. A certificate from the proprietor of the vehicle, stating that there has been no alteration in the design of the machinery since the previous inspection and date covered by the maker's or importer's certificate, must be presented with each omnibus submitted for renewal of registration. Should any alteration be made, full particulars of such must be stated and the same course of action may be required as for a first inspection. 10. Should it be deemed necessary, an expert, accepted by both parties, shall be employed to advise. The fee for the expert examination must be deposited by the proprietor with the Commissioner, which fee will be returned if the vehicle be passed without any alteration being required. 11. (1) When making application for the vehicle to be inspected, the proprietor must specify the route or routes upon which and the hours between which he intends the vehicle to ply, and these routes may not be departed from, except after due notice has been given to the Commissioner, and his permission obtained in writing. (2) Nothing in sub-rule (1) shall be taken to prohibit a proprietor changing the route as often as he chooses, provided such route has been previously certified to be suitable for such vehicles. 12. Every motor-omnibus must be so constructed that the following maximum of weight Weight. exceeded : Unloaded Or if the manufacturers prefer Back axle-weight laden 4 tons. Front axle-weight laden 2 tons. The total weight shall not exceed six tons when the vehicle is in every respect ready for service and has its full lawful load; one hundred and forty lbs. each shall be allowed for the passengers, the driver and the conductor. 13. The length of the chassis of a motor-omnibus must not exceed 20 feet; but if the platform is to be con- Chassis-length. structed upon the frame, the total length may be 21 feet, provided that the total length of the complete vehicle shall in no case exceed 21 feet. 14. All the underparts of the vehicle inside the pivots of the front axle and steering arms (which must be placed as near as possible to the roadwheels) as far back at least as the rear axle must clear the ground at least 10 inches when the vehicle is fully loaded, sufficient allowance in addition being made to provide for the wear of the tyres, set of the springs, or other causes of lessened height, so that the minimum clearance of 10 inches is at all times maintained. 15. (1) The springs of the chassis must be properly hung, and must be Chassis-springs. of sufficient strength and flexibility to meet all likely contingencies. (2) The rear springs must be attached to, or bear upon the back axle or axle-casing as near to the road-wheels as possible and the distance between the outer edges of such springs must not be less than 5 inches. Where a cross spring is used, it must be so applied that it shall not cause or increase sides way. The front springs must be as wide apart as possible, and be not less than 38 inches from outer edge to outer edge. 16. (1) The wheel-base must not exceed 14 feet 6 inches, and it must in all cases be so proportioned to the load Wheel-base. that the risk of skidding is reduced to a minimum. (2) If it is found that a vehicle skids badly or cannot be held under proper control, the Commissioner may serve a notice on the proprietor "not to use the vehicle," and may refuse to license the vehicle again until the defects have been remedied.
44 MOTOR VEHICLES ACT (CAL. & HOWRAH). 17. The wheel-tracks of both front and rear wheels shall coincide, and the measurement from centre to centre Wheel-track. taken in line with the axles must not be less than 5 feet 6 inches. 18. The road-wheels must be of sufficient and suitable diameter, but must not be made so heavy as to throw Road-wheels. an undue strain upon the steering gear or other parts. 19. The materials of which the tyres are made must be soft and elastic, so as to reduce vibration. Sectional tyres Chassis-tyre. must not be fitted to a vehicle submitted for inspection and license. 20. The breadth of the chassis must not be greater than 7 feet 6 inches Chassis-breadth. at any part. 21. Every motor-omnibus must be fitted with at least two independent brakes, each capable of stopping and holding the vehicle under all conditions. They must also, where necessary, be fitted with an approved form of compensating device. NOTE.The maintenance of the brakes in perfect order is of the utmost importance, and this will be at all times insisted upon. They will at any time be subject to inspection by the police. 22. The brakes shall be so fixed as to be capable of casy application and at least one must be applied by a pedal. Brakes will not be deemed independent which are operated by pedals or levers acting through the same connections, upon the same brake blocks or upon the same brake drums and at least one must act directly upon the road-wheel without any connection with the propelling gear. 23. The operation of either brake must in no case declutch. 24. Motor-omnibuses which are intended to ply upon routes which have bridges will be subject to special test, and additional brakes or further fittings may be required. 25. Each vehicle must be capable of being readily steered and of turning corners without unduly interfering with other traffic. 26. The steering arms and other connections of the vehicle must be of ample strength, and as far as possible protected from damage by collision. 27. The ball and socket joints of steering connections, when such are used, should not be pendant, but the longitudinal or transverse rods inust be carried upon the ball. 28. All brake and steering connections secured with bolts or pins must have such bolts threaded and fitted with nuts, which latter must be locked or pinned. The whole of the brake and steering parts must be maintained in perfect order, and will be subject to inspection by the police at any time. 29. All parts connected by bolts, or studs and nuts, subject to severe vibration, must be fastened by lock nuts, or by nuts and approved spring or lock nut washers, to prevent their working loose and causing noise and any vehicle with lamp brackets or other fittings loose, and likely to cause un. necessary noise, will be regarded as unfit for public service. 30. The machinery must be so constructed that no undue noise or vibration arises from its use. NOTE.The maintenance of the vehicle in a satisfactory condition in this respect will be strictly enforced. 31. Every vehicle must be submitted at a time and place appointed, to be specially tested in respect of noise and vibration. 32. Every omnibus must be so geared that its highest speed shall not be in excess of the maximum laid down, vix , 12 miles an hour.
MOTOR VEHICLES ACT (CAL. & HOWRAH). 45 ca 33. When a vehicle is submitted for inspection, the gear ratio must be supplied, and this ratio must not be altered without the authority of the Commissioner. The revolution of the engine when running at the speed which will give 12 miles an hour with the stated highest speed gear mast also be supplied. 34. (I) The lubrication the engine and the carburation of the working mixture must be so controlled that smoke shall not be emitted with the exhaust, or from any other part. (2) The proprietor of a vehicle which is not properly maintained in accordance with the foregoing sub-rule may be served with a notice not to use the vehicle" until the defect has been remedied. 35. Carburetters or other petrol receptacles, unless they are suitably encased or screened, must not be placed in close proximity to magnetos, or to connections of wires carrying electric current. 36. When a guard-tray, or under-shield, is fixed beneath the engine and adjacent inachinery, it must be so constructed that no overflow of petrol shall be retained in the tray. 37. Suitable and approved appliances for extinguishing fire must be carried in such a position as to be readily available for use. 38. Tanks for petrol or other liquid fuel must be made of suitable material, properly constructed, and of sufficient strength. They must be so placed that any overflow shall not fall upon wood work, or accumulate where it can be readily ignited. The filling nozzle or inlet for the petrol or other liquid fuel should, where possible, be brought to the outside of the body. 39. All wires carrying electric current must be properly insulated and protected from injury, and so placed that they cannot be a cause of danger. 40. Effective means must be adopted for preventing the heat of the motor, generator or exhaust pipe connections from injuriously affecting any parts of the vehicle or the comfort of the passengers. 41. The exhaust pipe must not be led inside the tray or under shield or be fixed in such a position that oil or any vaporizable or inflammable material is likely to be dropped upon it. 42. The outlet from the silencer must not be so placed as to project the exhaust directly to the rear or on to the roadway, or be so placed, or so directed as to alarm horses immediately behind the vehicle. 43. The machinery must be so constructed or placed that oil or grease from the bearings cannot drop on to the roadway. The proper maintenance of the vehicle in this respect will be strictly enforced. 44. When trays are fixed beneath the parts, they must have suitable webs for retaining the oil when ascending or descending inclines, or be otherwise suitably constructed with that object., Oil or other material collecting in the trays must be cleaned out frequently and not allowed to accumulate. 45. If requisite, a bar or bars, having an eye or bridle to surround the propeller shaft, must be so fixed, that in the event of either the shaft or gear-box breaking, other damage or danger therefrom is minimized. 46. Driving chains and sprockets must be protected by a suitable guard. 47. The camber shall not ordinarily be more than inches, but may, if the proprietor so desires, be made up to, but not exceeding, 5 inches, provided the outside of the roof is so constructed as to give an equivalent in all respects to a 3-inch camber and the maximum height from the ground is not in any way increased. 48. The height inside measured in the centre line of the omnibus from the top of the floor battens to the lower edge of the hoop stick or other projections must not be less than 5 feet 10 inches nor more than 6 feet to the centre line of the roof-boards. From the ground to the spring of the roof 46 MOTOR VEHICLES ACT (CAL. & HOWRAH). << outside, or the edge of the drip-boards the height must not be greater than feet, nor must the height to the outside centre of the roof be more than 9 feet 3 inches. 49. The width between seat backs mustriot be less than 56 inches where the seats are placed lengthwise. 50. At least 16 inches measured in a straight line must be allowed for each passenger on every seat, which seat must be fit and proper and convenient for sitting on. When cross or garden" seats are fitted inside these must be at least 26 inches clear from the inside back of the seat in front of it so that there shall be room for the knees of passengers. 51. Corner pillars for bodies must be of sufficient strength. and the body must be properly ironed and stayed to give the necessary strength for the weight to be carried and to resist the effects of the vibration to which it is jable. 52. No seat will be permitted which, when occupied, is likely to cause obstruction to persons using the landing-board or gangways. 53. The backs of all seats must be closed to avoid unnecessary risk of the pockets of passengers being picked. 54. When cushions are provided for seats, they must be covered with leather, cloth of good quality, rattan or other suitable material. 55. The steps for entrance to the inside must be placed on the near side and at the rear of the vehicle. They must be safe and convenient ; suitable and efficient means being provided by rails or bands to assist passengers entering and leaving. The lowest step shall not be more than 15 inches nor less than 10 inches above the ground. 56. The risers of all steps must be closed and the treads of each fitted with an approved form of tread-plate. 57. There must be proper ventilation, without the necessity for opening windows, except where small separate ventilating windows are provided, in which case suitable provision must be made for the opening to be adjustable. 58. When the side-lights are made to be lowered, such provision must be made (by means of guard rails or otherwise) that the arm of a passenger cannot be thrust through so as to be endangered by passing vehicles. 59 Effective means must be provided to prevent the rattling of window frames and glasses. 60. The vehicle must be suitably lighted inside and outside. Where acetylene or other gas is used, the cylinders or vessels which contain the gas or in which it is generated must be fixed outside in such a position as to be removed as far as possible from danger of accidental ignition. The pipes must be led along the outside of the vehicle, but not along the outside of the roof. 61. A hand-bulb horn, for giving due warning of the approach of the vehicle, must be provided. 62 Celluloid or xylonite fittings will not be permitted inside or outside the vehicle, but this does not apply to accumulator cells. 63. A box or other approved mcans must be fitted to the front and to the rear of the vehicle to show destination to which the vehicle is proceed. ing. The letters and background must be black and white, respectively, and the letters at least 45 inches high and proportionally thick. 64. The principal points of the route shall be subject to the approval of the Commissioner and must be painted in black or white letters not less than 4 inches high and of proportionate thickness, and be exhibited on boards to the front and rear of the vehicle. These boards shall be so made that the points of route are shown in geographical sequence according to the direction the vehicle is travelling. Route-boards may also be affixed to the sides of the vehicle.
MOTOR VEHICLES ACT (CAL. & HOWRAH). 47 65. The destination boards shall be illuminated by night in an approved manner for the guidance of intending passengers. 66. The following particulars must also be suitably painted on the omnibus: (a) the weight and speed limit; (b) the full name and surname of proprietor, to be painted on each side clear of the wheels; (c) the words " Calcutta and Howrah Stage Carriages " and the number on the number plate, to be painted inside the omnibus and also outside at the back on the near side ; (d) the fares, to be legibly painted inside the omnibus; and (e) the number of passengers which the vehicle is licensed to carry, to be legibly painted inside and outside the vehicle. 67. No advertisement in black and white will be allowed on the front of the vehicle nor will any writing or lettering be permitted when its form or position is such as to hide, or, in the opinion of the Commissioner, to interfere with the easy legibility of the destination indicators or route-boards. 68. (1) No printed, written or other matter shall appear on the outside or inside of the vehicle, or be carried by way of advertisement, except such, if any, as may be approved by the Commissioner. (2) Advertisements approved by the Commissioner may be placed on the vehicle in the following positions : Front. From the roof to top of guard-rail on either side, leaving space of 3 feet in the centre for the routes, etc. From the canopy to top of guard-rail upon that part not required Reay. for the destinations and routes. Step treads in corrugated plates, etc. Sides.---From the roof to the top of guard-rails, the whole length. Roof boards. Inside Above ventilating windows. Ventilating windows. Outside.Seat backs. Nate. The colour of tbese advertisements must be entirely distinct from that of the route boards, and they must be so placed or shown that no confusion ia reading the routes, etc., is, in the opinion of the Commissioner, likely to arise. 69. No person, except a learner, fitter, or other official when specially authorized by the proprietor (such person to carry a special pass or badge), or a person authorised by the Commissioner, shall be allowed to ride beside the driver at any time. 70. No cans or other receptacle for oil, water, etc., are to be carried on the driver's footboard, nor may anything be placed in such a manner or position as will be likely to hamper the driver or otherwise give cause for complaint. 71. Each carriage must be fitted with an approved means for enabling passengers both inside and outside to signal to the driver or conductor when required. 72. Notwithstanding anything contained in these rules, if there is any. thing in the construction, working or general appearance of a motor-omnibus which, in the opinion of the Commissioner, renders the vehicle unfit for public use, it shall got be licensed.
48 MOTOR VEHICLES ACT (CAL. & HOWRAH). PART VI.-Motor-Lorries. 66 3 I. For the purpose of these rules motor-lorry means a motor-vehicle which is ordinarily used for the carriage of goods. 2. (1) Notwithstanding anything to the contrary in sub-sule (3) of rule 1, Part II of these rules, the fee payable for the first registration of the motorlorry shall be Rs. 32 and fee payable for annual re-registration shall be Rs. 16. (2) Every motor-lorry must be presented for inspection in thoroughly good condition, and no lorry will bz certified fit for use unless it is properly painted. A proprietor may, if he so desires, apply for a preliminary inspection of the chassis. (3) The following conditions must also be strictly complied with namely :- (a) each new type of motor vehicle intended for registration as a motorlorry must be presented at such place as the Commissioner may appoint for inspection; and (b) the proprietor must, at the time of inspection, produce a certificate from the maker or importer stating that the materials of which all the parts of the vehicle are constructed are good, that the machinery is safe, and that the vehicle is in every way fit for use as a motor-lorry. (4) When making application for the motor-lorry to be inspected, the proprietor must specify the route or routes upon which and the hours between which, he intends the vehicle to ply and these routes and hours shall not be departed from except after due notice has been given to the Commissioner and his permission obtained in writing. The proprietor may, however, change the routeas often as he chooses, provided such route has been previously certified to be suitable for heavy motor traction. 3. (I) If after inspection, the vehicle is approved, such approval may extend to all vehicles of that description; and others of the same type need not be again presented, except as hereinafter provided, but may be taken to such place as the Commissioner may appoint, provided a certificate from the maker or importer is submitted with each vehicle presented for registration, stating that it is in every respect similar to that already approved. (2) Notwithstanding anything contained in sub-rule (1), if, after the type has been passed, defects develop, which, in the opinion of the Commissioner, render it suitable as a type for private or public service, the Commissioner may withdraw such approval entirely, or until the defects have been remedied to his satisfaction. 4. A certificate from the proprietor, stating that there has been no alteration in the design of the machinery since the previous inspection and date covered by the maker's or importer's certificate, must be presented with each lorry submitted for renewal of registration. Should any alteration be made, full particulars of such must be stated and the same course of action may be required as for a first inspection. 5. Should it be deemed necessary, an expert accepted by both parties shall be employed to advise. The fee for the expert examination must be deposited by the proprietor with the Commissioner. This fee will be returned if the vehicle be passed without any alteration being required. 6. The length of the chassis of a motor-lorry must not exceed 25 feet but if the platform is to be constructed upon the frame, the total length may be 26 feet, provided that the total length of the complete vehicle shall in no case exceed 26 feet. 7. All the underparts of the vehicle inside the pivots of the front axle and steering arms (which must be placed as near as possible to the roadwheels) as far back at least as the rear axle must clear the ground at least 10 inches when the vehicle is fully loaded; sufficient allowance in addition MOTOR VEHICLES ACT (CAL. & HOWRAR). 49 ai being made to provide for the wear of the tyres, set of the springs or other causes of lessened height so that the minimum clearance of 10 inches is at all times maintained : Provided that the Commissioner of Police may, in his discretion, grant a certificate of registration as a motor-lorry in respect of a motor-vehicle intended for use as a motor-lorry, even if such vehicle has a clearance below 10 inches. 8. (7) All chassis springs must be properly hung, and must be of suffcient strength and flexibility to meet all likely contingencies. (2) The rear springs must be attached to or bear upon the back axle or the axle casing as near to the road-wheels, as possible, and the distance between the outer edges of such springs must not be less than 45 inches. Where a cross spring is used, it must be so applied that it shall not cause or increase sidesway. The front springs must be as wide apart as possible and not less than 38 inches from outer edge to outer edge. 9. (1) The wheel-base of the chassis must not exceed 16 feet 6 inches and must in all cases be so proportioned to the load that the risk of skidding is reduced to a minimum. (2) If it is found that a vehicle skids badly or cannot be held under proper control, the Commissioner may serve a notice on the proprietor not to use the vehicle" and may refuse to license the vehicle again until the defects have been remedied. 10. The wheel tracks of front and rear wheels shall coincide, and the measurement from centre to centre, taken in line with the axle, must not be less than 5 feet 6 inches. II. The chassis road-wheels must be of sufficient and suitable diameter, but must not be made so heavy as to throw an undue strain upon the stearing gear or other parts 12. The breadth of the chassis must not be greater than 7 feet 6 inches at any part. 13. The chassis load shall not exceed 10 feet from the road-way in height or overlap the width of the lorry : Provided that for special reasons to be recorded in writing the Com. missioner of Police may permit the height of a load to exceed 10 feet. 14. Each vehicle must be fitted with at least two independent brakes, each capable of stopping and holding the lorry under all conditions. It must also, where necessary, be fitted with an approved form of compensating device. Note.The maintenance of the brakes in perfect order is of the utmost importance, and this will at all times be subject to inspection by the police. 15. The brakes shall be so affixed as to be capable of easy adjustment, and at least one must be applied by a pedal. Brakes will not be deemed independent which are operated by pedals, or levers acting through the same connections, upon the same brake blocks, or upon the same brake drums, and at least one must act directly upon the road-wheels without any connection with the propelling gear. 16. The operation of either brake must in no case declutch. 17. Each vehicle must be capable of being readily steered and of turning corners without unduly interfering with other traffic. 18. The steering arms, and other connections of the vehicle, must be of ample strength, and so far as possible protected from damage by collision. 19. The ball and socket joints of steering connections, when such are used, should not be pendant, but the longitudinal or transverse rods must be carried upon the ball.
50 MOTOR VEHICLES ACT (CAL. & HOWRAH) 20. All brake and steering connections secured with bolts or pins must have such bolts threaded and fitted with nuts, which latter must be locked or pinned. The whole of the brake and steering parts must be maintained in perfect order and will be subject to inspection by the police at any time. 21. All parts connected by bolts, or studs or nuts, subject to severe vibration, must be fastened by lock nuts, or by nuts and approved spring or lock nut washers, to prevent their working loose, and causing noise, and any lorry with lamp brackets or other fittings loose, and likely to cause unnecessary noise, will be regarded as unfit for service. 22. The machinery must be so constructed that no undue noise or vibration arises from its use. Noto..Tbe majatenance of the carriage in a satisfactory condition in this respect will be strictly enforced. 23. Every new vehicle must be submitted at a time and place appointed to be specially tested in respect of noise and vibration. 24. (I) The lubrication of the engine and the carburation of the working mixture must be so controlled that smoke shall not be emitted with the exhaust, or from any other part. (2) The proprietor of a vehicle which is not properly maintained in accordance with the foregoing sub-rule will be served with a notice not to use the vehicle' until the defect has been remedied. 25. Carburetters or other petrol receptacles, unless they are suitably encased or screened, must not be placed in close proximity to magnetos, or to connections of wires carrying electric current. 26. The guard-tray, or under-shield, fixed beneath the engine and adjacent machinery, must be so constructed that no overflow of petrol shall be retained in the tray. 27. Suitable and approved means for extinguishing fire must be carried in such a position as to be readily available for use. 28. Tanks for petrol or other liquid fuel must be made of suitable material properly constructed, and of sufficient strength. They must be so placed that any overflow shall not fall upon wood work, or accumulate where it can readily ignite. The filling nozzle or inlet for the petrol or other liquid fuel should, where possible, be brought to the outside of the body. 29. All wires carrying electric current must be properly insulated and protected from injury, and so placed that they cannot be a cause of danger. 30. Effective means must be adopted for preventing the heat of the motor, generator or exhaust pipe connections from injuriously affecting any parts of the vehicle. 31. The exhaust pipe must not be led inside the tray or undershield or be fixed in such a position that oil, or any vaporizable or inflammable material is likely to be dropped upon it. 32. The outlet from the silencer must not be so placed as to project the exhaust directly to the rear or on to the roadway, or be so placed, or so directed as to alarm borses immediately behind the vehicle. 33. The machinesy sust be so constructed or placed that oil or grease from the bearings cangot drop on to the roadway. The proper maintenance of the vehicle in this respect will be strictly enforced. 34. When trays are fixed beneath the parts, they must have suitable webs for retaining the oil when ascending or discending bills, or be otherwiso suitably constructed with that object. Oil or other materials collecting in the trays must be cleaned out frequently and not allowed to accumulate. 35. If requisite a bar or bars, having an eye or bridle to surround the propeller shaft, must be so fixed that in the event of either the shaft or gear. bax breaking, other damage or "danger therefrom is minimised.
MOTOR VEHICLES ACT (CAL. & (HOWRAH). 51 36. Driving chains and sprockets must be protected by a suitable guard. 37. Corner pillars for bodies must be of sufficient strength, and the body must be properly ironed and stayed to give the necessary strength for the weight to be carried and to resist the effects of the vibration to which it is liable. . 38. Head lights will not be permitted unless they are properly hooded or screened. 39. A hand bulb horn, for giving due warning of the approach of the vehicle, must be provided. 40. Notwithstanding anything contained in these rules, if there is any. thing in the construction, working or general appearance of a motor-lorry which, in the opinion of the Commissioner of Police, renders the carriage unfit for public use, it shall not be licensed.
III. THE MADRAS MOTOR VEHICLES RULES, 1923. 1. (1) These rules may be called the Title, Extent and Definitions. Madras Motor Vehicles Rules, 1923. (3) They shall extend to the whole of the Madras Presidency. (3) In these rules (a) ' Light motor vehicle' means a motor vehicle which is not a heavy motor vehicle as defined in rule 31. (6) 'Motor bus' means a motor vehicle which is let or plies for hire and has seating accommodation for eight or more passengers including the driver. (c) 'Motor cycle' means a two, three or four wheeled motor vehicle fitted with a seat or seats, but without a carriage body (which includes a side car) and weighing not more than 5 cwt. (d) 'Registering authority' and ' licensing authority' means the Commissioner of Police in the city of Madras and District Superintendent of Police elsewhere. 2. (a) No motor-vehicle shall be used or allowed to be used in a public place unless it has been registered in accordance with these rules or any other Registration. rules under the Act having application to the Madras Presidency. Provided that no person shall be liable to penalty for breach of this rule if the motor vehicle was being used in a public place for the purpose of being registered in accordance with these rules. Provided further that every motor vehicle which was registered under the rules formerly in force under the Madras Motor Vehicles Act, 1907, such registration being still in force on the date from which these rules take effect, shall be deemed to have been registered under these rules. (6) Any registration certificate granted under any enactment for the time being in force in any part of British India other than the Presidency of Madras or in any State in India included in Schedule A shall be valid in the Presidency of Madras until the date of its expiry. 3. Every application for registration shall contain the particulars entered in Form A annexed to these Procedure in respect of registration. rules. 4. Every registering authority shall keep a register in Form B annexed to these rules and shall, on receipt of an application containing the particulars required by rule 3 for the registration of a motor vehicle, and on payment of the prescribed fee, unless some reason to the contrary exists, assign a separate number to the motor vehicle, register it, and issue to the applicant a certificate of registration in Form C annexed to these rules. If the registering authority declines to register the vehicle, he shall record his reasons in writing and shall communicate them to the applicant. 5. The fee payable in respect of regis- Fee for Registration. tration shall be Rs. (i) For motor cycles below 3t horse-power 4 (ü For other motor-cycles and for motor-cycles with side cars 8 (iii) For light motor vehicles to which a trailer is attached 20 (iv) For all other motor vehicles except those provided for by rule 33 16 . .
MOTOR VEHICLES ACT (MADRAS). 53 The registration of light motor vehicles to which a trailer is attached shall continue in force for a period not more than 12 months from the date thereof. Registration may be renewed annually on the payment of a fee of Rs. 4. of a 6. Every transfer of ownership and every transfer of possession, whether tein porary or otherwise, motor Transfer of Ownership. vehicle registered under these rules must forthwith be reported to the registering authority by the registered owner and by the transferee. 7. Whenever the registered owner of a motor vehicle changes his address, Change of address. he must report the new address to the authority who registered the vehicle. 8. Certificates of registration granted under these rules shall be valid, Validity of Registration Certificates. throughout Madras Presidency. * 9. In the case of a manufacturer of, or dealer in, motor vehicles, a general, Motor Vehicles of Manufacturers and number to be used on any motor vehicle, Dealers. belonging to such manufacturer or dealer, on trial after completion or on trial by an intending purchaser, may be assigned by the registering authority on payment of an annual fee of Rs. 30. 10. Such manufacturer or dealer shall distinctly mark every such vehicle by a different letter of the alphabet following the dealer's general number under rule 9. He shall keep in such form as the registering authority may direct, a register showing the name of the driver in charge of each of the motor vehicles when allowed to leave his premises and the hours and dates on which he was in charge of the vehicle. Such register shall be open to inspection on demand by any police officer of or above the rank of subinspector II. The distinguishing letter or letters prescribed for registering Distinguishing Marks. authorities under these rules shall be as shown below: for Agency Division. for Madura. » Aojengo. The Nilgiris. Anantapur. North Arcot. Bellary. Nellore. Chingleput. North Malabar. Coimbatore. Ramanad. Chittoor. Salem. Cuddapah. South Arcot. » Ganjam. South Kanara. Godavari. South Malabar. Guntur, Tanjore. Kistna. Tinnevelly. Kurnool. Trichinopoly. Madras City. Vizagapatan. 12. Whenever a motor vehicle is in a public place, the number assigned thereto by the registering authority, preceded by the distinguishing letter or letters denoting that authority, shall be shown in a prominent position both at the front and rear of the motor vehicle. The letters and numbers shall be shown in white on a black ground: they shall be in an upright position and shall be not less than 3] inches high and perfectly legible. Provided that in the case of motor-cycles, with or without side-cars attached, they may be not less than two inches in height and the front number plate shall have duplicate faces and shall be fixed to the front of the cycle so that, from whichever side the vehicle is viewed, the letter or figures on one or other face of the plate may be easily distinguishable. 13. Whenever a motor vehicle is in a public place, the distinguishing marks prescribed in the preceding rule shall not in any way be obscured or rendered or allowed to become not easily discernible at a reasonable dis- * Note.--Under the corresponding rules ia force in other Provinces, certificate of agirtay io Madras are accepted as valid there also. . . 29 ) AG AJ AN BE CH CO CT CU GA GO GU KI KU MC 95 MD MN NA NE NML RD S SA SK SML TAN TIN TRI V 1 1) 1 > 39 54 MOTOR VEHICLES ACT (MADRAS). tance. In the case of a motor vehicle let or plying for hire the conductor of such vehicle or if there be no conductor the driver shall be held responsible for observing this provision. 14. Before registering a motor vehicle, the registering officer shall be Conditions of Registration of Motor satisfied that the following conditions are Vebicles. satisfied :- (1) The motor vehicle, if it exceeds in weight unladen 7 cwt., must be capable of being so worked that it may travel either forwards or backwards, (2) The motor vehicle must have two independent brakes in good work ing order and of such efficiency that the application of either will promptly stop the motor vehicle. (3) The motor vehicle and all its fittings must be in such a condition as not to cause, or be likely to cause, dangers to any person. (4) The motor vehicle must be so constructed and used that no smoke, visible vapour or incandescent material is emitted therefrom in such quantity as to cause annoyance or danger to the public except from some temporary or accidental cause. (5) The motor vehicle must be fitted with a silencer, expansion chamber or other contrivance, suitable and efficient for reducing as far as may reasonably be practicable the noise which is caused by the escape of the exhaust gases from the engine. (6) If the motor vehicle is propelled by steam, it shall consume its own smoke and shall be fitted with efficient spark arresters. 15. Where any District Superintendent of Police or the Commissioner of Police at any time after a motor vehicle Subsequent Defects. has been registered, has reason to believe that it has ceased to comply with the requirements of the Act or the rules made thereunder, or that it is not maintained in such a condition as to prevent danger to the public, such officer may, after notice to the registered owner, direct that the registration be cancelled until such time as the defects are rectified to his satisfaction. Where such officer himself is not the authority who registered the vehicle, he shall report the fact that registration has been cancelled to the authority who registered the vehicle. 16. (a) No person may cause or permit a motor vebicle to stand or be used in a public place between half an hour Lights, after sunset and half an hour before sunrise, or may drive a motor vehicle when so used, unless it carries three lighted lamps of suitable design and illumination and so attached thereto as to prevent their movement; one of which shall be attached on either side of the front of motor vehicle, exhibiting a white light in the direction in which the motor vehicle is proceeding or is intended to proceed, and the third at the back of the vehicle exhibiting a red light in the reverse direction and a white light at right angles thereto so placed and so efficient as to illuminate and render easily distinguishable the registered number of the motor vehicle at a reasonable distance. Provided that in the case of a motor-cycle one headlight exhibiting a white light in the direction in which the motor-cycle is proceeding, so placed and so efficient as to illuminate and render easily distinguishable the regisered number of the motor-cycle, and one red rear light exhibiting a red light in the reverse direction or a reflector so constructed and attached to the motor-cycle as to reflect a red light from any light carried on another vehicle approaching from behind shall be carried. When a side-car is attached to such motor-cycle the side-car shall also carry a white light showing to the front.
MOTOR VEHICLES ACT (MADRAS). 55. (6) The District Magistrate or the Commissioner of Police, as the case may be, may, by notice published in the District Gazette or the Fort St. George Gaxetie, prohibit within any local limits (i) the use of acetylene or electric lamps or lamps of any description giving a powerful and intense light or (ii) the use of such lamps unles they are properly hooded or screened to the satisfaction of the District Magistrate or the Commissioner of Police as the case may be. (iii) the use of hurricane lamps or lamps of any other description, which, in the opinion of the District Magistrate or the Commissioner of Police, as the case may be, do not give sufficient illumination. 17. No cut-out, fitting or other apparatus or device which will allow the exbaust gases from the engine of the motor Use of cut-outs and similar devices. vehicle to escape into the atmosphere without first passing through a silencer, expansion chamber or other contrivance suitable and sufficient for reducing, as far as may reasonably be practicable, the noise which would otherwise be caused by the escape of the said gases shall be used in any place, road or street where the use of such devices has been prohibited in the City of Madras by the Commissioner of Police and elsewhere by the District Magistrate. 18. Every person driving a motor vehicle in a public place shall have ready and available for immediate use a Use of Horns, Sireps and Waistles. suitable horn capable of giving sufficient warning of the approach or position of the motor vehicle. Provided that no siren nor any form of horn or whistle worked off the exhaust nor any horn sounding more than a single note shall be used in any place, road or street where the use of such devices has been prohibited in the City of Madras by the Commissioner of Police and elsewhere by the District Magistrate. 19. A license to drive a motor vehicle or motor-cycle may be granted in the City of Madras by the Commissioner Driving Licenses. of Police on production of satisfactory evidence that the applicant has previously bel a similar license free from endorsement of the kind referred to in section 18 of the Motor Vehicles Act, 1914; or a driver's certificate issued by the South Indian Motor Union or any other body or individual who may, from time to time, be notified in the Fort St. George Gazette, as being competent to issue driver's certificates acceptable to the Commissioner of Police for the purpose of this rule or on being otherwise satisfied that the applicant is a thoroughly competent driver. In the mufassal, licenses may be issued by the District Superintendent of Police to such persons who can satisfy him personally that they are thoroughly competent drivers or possess clean driving licenses issued by some other licensing authority. In the case of profes sional drivers of motor vehicles every change of address shall be notified to the officer issuing the license or last renewing it. 19-A. An application for a driver's license including one for renewal shall be in form D and shall contain a full and true statement of the particulars stated therein. When the application is from a person who drives for remuneration or for hire it shall be accompanied by two small unmounted photographs of the applicant, one of which shall be affixed to the license and sealed in such a way as to prevent fraudulent substitution and the other shall be kept attached to the application in the office of the licensing authority. On the issur or renewal of every license the left thumb impression of an illiterate applicant shall be taken on the application and on the license granted. 20. Every licensing authority shall keep a register of driving licenses in form E annexed to these rules and on receipt of the prescribed foe, and subject to the provisions of the rule following, shall, unless the applicant 56 MOTOR VEHICLES ACT (MADRAS). is disqualified under sections 3 (i), 18(1)(ii) or 18 (6) of the Act or under any other Act or rule having the force of law for the time being in force, grant him a license in form Fannexed to these rules to drive the class or classes of vehicles mentioned in the application. 21. No license shall be granted until the applicant has satisfied the Provisional Licenses. licensing authority as to his ability to drive the class or classes of motor vehicle mentioned in the application without danger to the public safety. Provided that an applicant who wishes to undergo instruction in driving may be given a provisional license to drive in form F2, one condition of which shall be that when so driving he shall invariably be accompanied by the holder of a substantive license. 22. (a) Every license granted or renewed under these rules shall, subject to the provisions of the Act as regards Validity of Licenses. cancellation and suspension, be in force for one year from the date of issue and shall be valid throughout the Madras Presidency.*. Licenses presented after the date of expiry will not be ewed and new licenses only will be issued. (b) A driving license granted in accordance with any rule in force for the time being in any province of British India or in any State in India included in Schedule B shall be valid up to the date of expiry, throughout the Presidency of Madras. 23. The fee for the grant of a new license and the renewal of a license already granted shall be Rs. 5 and Rs. 3 Fees for the grant of Licenses. respectively. On sufficient cause being shown, a duplicate thereof may be granted by the original licensing authority on payment of a fee of Rs. 10. The word Duplicate" shall be clearly shown in red ink across a duplicate license. 24. No person in charge of a motor vehicle shall allow it to stand in a public place so as to cause or be likely to Leaving Motor Vehicles in Public cause unnecessary obstruction to traffic,. nor unattended by a person licensed undse the Act unless all reasonable precautions have been taken to preventures moving or being moved. 25. The local Government may by notification in the official Gazette prohibit the driving of motor vehicle Speed Limits. altogether in any public place or places or may restrict the driving of motor vehicles in such place or places to such maximum speed as may be indicated upon notice boards erected at the limits of such public place or places. 25-A. The speed of a light motor vehicle to which a trailer is attached shall not exceed fifteen miles an hour. 26. (a) A motor vehicle shall be driven in accordance with the rules of the road which require a vehicle to keep Rules of the Road. on the left of the road except when passing horses and other vehicles going in the same direction which should be passed on the right and provided that it should ordinarily pass a tram-car on the left or near side whether it be going in the same or the contrary direction. (6) The driver of a motor vehicle, when turning into a side street, if to the left, shall keep close to the corner, if to the right shall make a wide curve. He shall further when about to turn to the right or left hold out his right or left arm horizontally to the right or left of the vehicle and when about to stop raise his arm vertically, palm to the front; when making a turn he shall invariably sound his horn. Further, when approaching cross roads he shall Note-Under the Corresponding rules in force in other Provinces, driving licenses which are current in Madras are accepted as valid there akso, Places.
MOTOR VEHICLES ACT (MADRAS). 57 a *sound his horn and indicate with his arm the direction in which he intends to proceed. (c) A motor vehicle entering a main road from a branch or side road shall enter the main road slowly, give way to the vehicles travelling on the main road and sound horn. 27-A. The driver of a motor vehicle shall obey every direction of a Drivers to obey directions to police of the regulation of traffic in any public. police officer for the time being in charge. officers and report accidents. place. 27-B. The direction to be given by a police officer in charge of traffic. control shall be as follows :-(I) To stop a vehicle approaching him from the front-arm held above the head, palm facing the vehicle ; (2) to stop a vehicle approaching him from the rear-arm held out horizontally at full length from the shoulder ; (3) to motion vehicles to proceed in a certain direction-arm moved with a circular motion from the vehicle to the direction in which it is to proceed ; (4) at night in any such manner as the licensing. authority may direct. 27-C. The driver of a motor vehicle shall promptly report all occurrences of accidents to the nearest police station, 28. No competition, reliability trial, display or exhibition shall be permitted in public place without Competition and reliability trials, etc. the written permission of the District Superintendent of Police or in the City of Madras, of the Commissioner of Police, who may impose such special restrictions as he may think fit. 29. Within the limits of the City of Madras or of any District Municipality, no driver of a motor cycle shall Drivers of motor cycles not to carry passengers or tow other cyclists. carry a passenger thereon nor shall he tow any other cyclist thereby. 29-A. (1) Subject to the exception mentioned in sub-rule (2) and in the case of heavy motor vehicles to that mentioned in rule 39 no other vehicle ball, within the limits of the City of Madras or of any district Municipality, by attached to, or drawn by, a motor vehicle. (2) One trailer may be attached to a privately owned light motor vehicle other than a motor cycle if the following conditions are fulfilled, namely : (a) the maximum width of the trailer or its load does not exceed the width of the light motor vehicle by more than one foot ; (6) it carries a number plate and light at the back as prescribed in rules. 12 and 16 (a); and (c) the trailer is constructed with suitable and sufficient springs between each axle and the frame and has an efficient brake and the coupling is rigid and so constructed as to bear the strain put on it. 30. (1) Motor vehicles which are intended to be let or to ply for hire in any local area or along any public road Letting or plying for hire. in the Presidency shall possess special permits in Form G annexed to these rules granted by the Commissioner of Police in the City of Madras or the District Magistrates elsewhere, and shall be subject to the conditions prescribed in such permits.* (2) Every motor vehicle which is let or plies for hire shall be registered annually. (3) The fee payable for the first registration of such motor vehicle shall be Rs. 16 and the fee payable for renewal of registration shall be Rs. 8. "In the case of a motor vehicle owned by a resident of an Indian State and cogularly plying for hire from one place to another, one of the termini being in that State and the other in the Madras Presidency, a permit in from G under rule 30 and a license under sec - tion 166 of the Madras Local Boards Act, if the vehicle passes through the roads under the control of any district board, shall be taken from the propor authorities in this Prasidancy. No separate registration certificate under rule a of the Motor Vehicles Rules or driving license under rule 19 will, however, be necessary."
58 MOTOR VEHICLES ACT (MADRAS). (4) In addition to the license referred to above, all motor vehicles which are intended to be let or to ply for hire in areas under the control of local boards shall obtain such licenses from the Presidents of the District Boards concerned as may from time to time be prpscribed under the Madras Local Boards Act, 1920. (5) If for any reason to be recorded in writing the President, District Board, refuses to license a motor vehicle thus preventing the vehicle from being used for hire, the fees collected under rule 30 (3) shall be refunded. 30-A. Every motor bus shall besides a driver carry a conductor whose duty shall, in addition to any specially Motor Buses and Conductors. mentioned, be to attend on the passengers and to see to the fulfilment of the Motor Vehicles Rules in all cases where the driver is not held responsible according to law. 30-B. Every conductor shall immediately after the completion of a trip carefully search for any property accidentally left in the bus and shall take the same within 24 hours, if not sooner claimed by the owner, to the nearest police station. 30-C. No person under the age of eighteen years shall act as a conductor of a motor bus in any public place. 30-D. No person shall act as a conductor of a motor bus unless he has from the proprietor of the bus a written authority which he should always retain while on duty. He shall exhibit such writing on demand to any police officer of the rank of Sub-Inspector or above or to any magistrate of or above the second class. 30-E. Every driver or conductor of a motor bus shall be in clean dress while on duty. In the City of Madras every driver and conductor of a motor bus shall be properly dressed in clean uniform of the description to be approved by the Commissioner of Police. 30-F. The driver of a bus shall wear in a conspicuous place on his left breast a numbered badge supplied to him free by the Commissioner of Police or the District Superintendent of Police, as the case may be, on an application made by the driver accompanied by the order of the proprietor appointe ing him as driver. The driver shall surrender such badge on his ceasing to drive that particular bus, or on his license being suspended or cancelled, or becoming time expired or on the 'G' permit being cancelled. If the badge is lost or not returned, the driver shall be liable to pay a charge of one rupee to the Commissioner of Police or the District Superintendent of Police as the case Heavy Motor Vehicles The following additional rules sball apply to heavy motor vehicles :- Definitions. 31. In these additional rules (a) the expression "heavy motor vehicle" means'a motor vehicle exceeding two tons in weight unladen ; (b) the expression " trailer means any vehicle drawn by or attached to a heavy motor vehicle ; (c) the expression" axle-weight” means, on relation to an axle of a heavy motor vehicle, the aggregate weight transmitted to the surface of the road or other base whereon the heavy motor vehicle or trailer moves or rests, by the several wheels attached to that axle when the heavy motor vehicle, or the trailer, is loaded ; (d) the expression " registered axle-weight," in relation to an axle of a heavy motor vehicle, means the axle-weight of that axle as registered by the registering authority in pursuance of the rules ; (e) the expression “ weight," when used in relation to a beavy motor vehicle or trailer attached to it means (i) when the vehicle or trailer is unladen, the weight of the vehicle including all parts, equipment, stores, fuel, may be.
MOTOR VEHICLES ACT (MADRAS). -59 water and accumulators which are necessary for, or are ordinarily used with, the vehicle or trailer when working : provided that where alternative parts or bodies are used, the heaviest shall be taken for the purpose of calculating the weight; and (ii) when the vehicle or trailer is laden, its weight when unladen plus its lawful load including the weight of the driver ; o the expression " width" in rolation to the tire of a wheel, means the distance measured horizontally and in a straight line across the circumfer. ence of the wheel and between the two points in the outer surface of the tire which are farthest apart; (8) the expression " diameter," in relation to a wheel, means the diameter measured between the two opposite points in the outer surface of the tire which are farthest apart. 32. In addition to the particulars prescribed by rule 3 above, the following particulars shall be furnished with an Additional particulars to be furnished application for the registration of a heavy with application for registration. motor vehicle: (1) weight of heavy motor vehicle or trailer, unladen; (2) axle-weight of each axle; (3) diameter of each wheel. 33. The fee payable in respect of registration of a heavy motor vehicle shall be Rs. 32. Such registration shall Fee for Registration. continue in force for a period of not more than twelve months from the date thereof. Registry may be renewed annually on payment of a fee of Rs. 16. 34. The registering authority shall decline to register a heavy motor vehicle unless he is satisfied that it fulfils Special conditions to be fulfilled. all the conditions special to heavy motor vehicles laid down by rules made under the Act, and in order that he may so satisfy himself, he may require the production of the heavy motor vehicle at such time and place as he thinks fit and may also cause the weight of the heavy motor vehicle and the axleweight of each axle to be ascertained in such manner as he may by general or special order direct. 35. When the registering authority or any officer duly authorized by him Registering authority may cause the in this behalf has reasonable ground for azle-weight for the time being of any suspecting that the axle-weight for the axis of a heavy motor vehicle to time being of any axle of any heavy motor ascertained. vehicle or trailer drawn thereby exceeds the registered or marked axle-weight of that axle he may cause the axleweight for the time being of any such axle to be ascertained. The person driving or in charge of such motor vehicle shall to the best of his ability afford all such facilities as may reasonably be necessary for the purpose of ascertaining the axle-weight as aforesaid. 36. Unless he declines, in accordance with rule 34 to register heavy Registered weight to be painted on motor vehicle, the registering authority shall proceed in accordance with rule above and, upon receiving the certificate in Form C, the owner of the motor vehicle shall cause (a) the highest rate of speed at which, in conformity with the rules, the heavy motor vehicle may be driven, (b) the registered weight of the heavy motor vehicle unladen, and (c) the registered axle-weight of each axle to be painted or otherwise plainly marked in letters not less than one inch in height, and in such a manner as to be legible at a reasonable distance, apon some conspicuous part of the left or near side of such heavy motor vehicle in the case of (a), and in the case of (6) and (c) of the right or offside be vebicle.
60 MOTOR VEHICLES ACT (MADRAS). 37. No person shall cause or permit a heavy motor vehicle to stand or be used in a public place or shall drive or Conditions for the use of heavy motor have charge of a motor vehicle when so vehicles. used unless the following conditions are satisfied: (1). (i) The axle-weight of any axle of a heavy motor vehicle shall not exceed the registered axle-weight. (ii) The registered axle-weight of any axle of a heavy motor vehicle shall not exceed eight tons and the axle-weight of a trailer shall not exceed four tons. (iii) The sum of the registered axle-weights of all the axles of a heavy motor vehicle shall not exceed twelve tons. (2) The tires of each wheel of a heavy motor vehicle, unless the tires are pneumatic or made of a soft or elastic material, shall be smooth, and shall, where tire touches the surface of the road or other base whereon the heavy motor vehicle moves or rests, be flat, provided that the edges of the tire may be bevelled or rounded to the extent in the case of each edge of not more than half an inch. Provided also that (i) if the tire is constructed of separate plates the plates may be separated by parallel spaces which shall be disposed thoughout the outer surface of the tire so that nowhere shall the aggregate extent of the space or spaces in the course of a straight line drawn horizontally accross the circumference of the wheel exceed one-eighth part of the width of the tire ; (ii) the driving wheels of a heavy motor vehicle shall be cylindrical and smooth-soled or shod with diagonal cross-bars of not less than three inches in width nor more than three-quarters of an inch in thickness, extending the full breadth of the tire, and the space intervening between each such cross-bar shall not exceed three inches ; (3) the width of the tire of each wheel of a heavy motor vehicle shall be determined by such of the following conditions as may apply to the circyerstances of the case ; that is to say- (a) the width shall in every case be not less than five inches; (b) the width shall be not less than that number of half inches which is equal to the number of units of registered axle-weight of the axle to which the wheel is attached. The unit of registered axle-weight shall vary according to the diameter of the wheel, and the rules set forth in the subjoined scale; that is to say, (i) if the wheel is three feet in diameter the unit of registered axleweight shall be 71 cwts. (ii) if the wheel exceeds three feet in diameter, the unit of registered axle-weight shall be 7d cwts, with an addition of weight in the proportion of one hundred-weight for every 12 inches by which the diameter is increased beyond three feet; and in the same proportion for any increase which is greater or less than 12 inches. (iii) if the wheel is less than three feet in diameter, the unit of registered axle-weight shall be 74 cwts. with a deduction of weight in the proportion of one-hundred-weight for every six inches by which the diameter is reduced below three feet, and in the same proportion for any reduction which is greater or less than six inches. Provided that this clause shall not apply to any tire which is pneumatic or which is made of a soft or elastic material. (4) The diameter of a wheel of a heavy motor vehicle, if the wheel is fitted with a tire which is not pneumatic or is not made of a soft or elastic material, shall be not less than two feet.
MOTOR VEHICLES ACT (MADRAS). 61 off of steam. (5) A heavy motor vehicle shall, when measured between its extreme projecting points, be of a width aot exceeding seven feet six inches, and no heavy motor vehicle or train made up of a motor vehicle with one or more trailers attached to it shall be used in any public place if such motor vehicle or train exceeds 36 feet in length, The height of a heavy motor vehicle when loaded and measured from the ground level to the highest point of the bood or load, whichever is higher, shall not exceed ten feet. (6) The heavy motor vehicle shall be constructed with suitable and sufficient springs between each axle and frame of the heavy motor vehicle. 38. The cylinder taps of a heavy motor vehicle propelled by steam shall not be opened within sight of any person Opening of cylinder taps and blowing driving, riding, leading or in charge of any borse upon the road or street, nor shall the steam: be allowed to attain such a pressure as to exceed the limit fixed by the safety-valve so that no steam shall blow off when the vehicle is upon the road or street. 39. No person shall haul, by means of a heavy motor vehicle, in any public place more than three trailers at a Conditions for the use of trailers. time, nor any trailer, unless the follow. ing conditions are satisfied :- (i) Each trailer shall satisfy the conditions laid down for heavy motor vehicles as to registered maximum axle-weight, tire, width of tires, size of wheels, width of vehicle and springs, save that, in the case of a trailer, the registered maximum axle-weight shall not exceed four tons and that the minimum width of tire shall be three inches save in the case of trailers not exceeding one ton in weight unladen which shall be exempted from the prescribed requirements as to width of tire; (ii) each trailer attached to heavy motor vehicle shall have a brake approved by the registering authority and each trailer shall carry upon it a person competent to apply the brake efficiently, provided that, where the brakes upon the motor vehicle to which any trailer is attached are so constructed and arranged that neither of them can be used without bringing into action simultaneously the brake attached to the trailer, or if the brakes of the trailer can be applied from the motor vehicle independently of the brakes of the latter, this rule shall not apply ; (iii) the heavy motor vehicle shall not at the time be is use as a public conveyance. 40. (i) Where any duly constituted authority affixes or sets up in suitable and conspicuous positions, on each Driving on bridges. approach to a bridge, forming part of a highway, notices stating the carrying capacity of the bridge which, as regards all their contents or subject-matter, are clearly and distinctly legible and visible by persons approaching the bridge, the owner of a heavy motor vehicle, the combined registered axleweight of which exceeds the carrying capacity of the bridge as specified in the said notice, shall not cause or suffer the motor vehicle to be driven, and the person driving or in charge of the motor vehicle shall not drive the motor vehicle upon the bridge. (ii) The owner of a heavy motor vehicle shall not cause or suffer the motor vehicle to be driven and the person driving or in charge of a heavy motor vehicle shall not drive the motor vehicle, upon a bridge forming part of a highway at any time when another heavy motor vehicle is on the bridge, if the combined weights of the vehicles exceed the carrying capacity of the bridge. 41. No person shall drive a heavy motor vehicle in any public place at a speed exceeding seven miles Speed Limits. an hour.
62 MOTOR VEHICLES ACT (MADRAS). Provided that (a) if the weight of the motor vehicle unladen exceeds three tons, or (b) if the registered axle-weight of any axle exceeds six tons, or (c) if a trailer is attached to the heavy motor vehicle. the speed shall not exceed five miles an hour. Provided also that if the heavy motor vehicle has all its wheels fitted with pneumatic tires or with tires of a soft or elastic material, the speed shall not exceed- (a) twelve miles an hour, where the registered axle-weight of any axle does not exceed six tons, (6) seven miles an hour, where such registered axle-weight exceeds six tons. { FORMS A. Application for registration of a motor-vehicle. 1. Full name of owner. 2. Postal address of usual residence of owner. 3. Name of maker and date of manufacture. 4. Type of motor vehicle. (1) seating capacity. 5. Type of body of vehicle and (2) carrying capacity. 6. Horse-power. 7. Number of cylinders. (1) engine. 8. Number stamped on the (2) chassis. 9. Weight of vehicle unladen. 10. Whether intended for (a) Private use. (b) Use for trade purposes. (c) Use as a public conveyance. 11. In the case of heavy motor-vehicles state (1) Axle-weight of each axle. (2) Diameter of each wheel. Station Signature. Date FORM B. Register of motor vehicles registered in the district. (1) Number assigned. (2) Full name of owner. (3) Postal address of usual residence of owner. (a) Name of maker and date of manufacture. (6) Engine number. (c) Chassis number. *(1) Up to 15 cwt. (2) 15 cwt, to 30 In case of light vans and motor lorries. Steam lorries to be marked " S." (3) 2 tons. (8) 2 seater, ID case of motor (9) 4 , cars. (10) 5 and over. (ir) itfitted with side. In case of Imotor car. cycles. (12) Seating capa lo case of char-a. city. bancs. and over MOTOR VEHICLES ACT (MADRAS). 63 {(2) (5) Type of motor vehicle. (1) seating capacity. (6) Type of body of vehicle and (2) carrying capacity. (7) Horse power. (8) Number of cylinders. (9) (a) Weight of vehicle unladen. (6) Axle-weight of each axle. In the case of heavy motor (c) Diameter of each wheel. vehicles. (10) Whether intended for (a) Private use. b) Use for trade purposes. (c) Use as a public conveyance. (11) Date of registration. (12) Particulars of any change of ownership or alteration of particulars with date. (13) If cancelled, date of cancellation. (14) Amount of fee. (15) Remarks. FORM C. Certificate of registration of a motor vehicle granted under rule 4 of the Madras Motor Vehicles Rules, 1923. of 192 No. Fee Rs. This is to certify that a motor vehicle of the description given below, owaod by of has been registered by me on and has been assigned the distinguishing number. Node. This certificate will be accepted as evidence of registry throughout British ladia and the following States in India : Mysore, Pudukottai, Baroda, Benares, Civil and Military Station, Bangalore, Secunderabad Cantonment, Hyderabad Residency Bazaars, Travancore, Coobin, Bharatpur, Baud and Nilgiris States, Hyderabad and Kashmir.) Name of maker and date of manufacture. Type of vehicle. ſ(1) seating capacity. Type of body of vehicle and 1(2) carrying capacity. Horse power. Number of cylinders. (1) engine. Number stamped on the (2) chassis. Weight of vehicle unladen. Use of which intended. } *(1) Up to 15 cwt. (2) I5 cwt. to 30 cwt. (3) 2 tons. (4) 3 In case of light vans and motor lorries. Steam lorrics to be marked " S." (rr) It (8) 2 seator. case of motor (9) 4 20) 5. and over. fitted with In case of motor sidecar. cycles. (12) Seating capa. la case of charsity. banas. . aad ovor.
64 MOTOR VEHICLES ACT (MADRAS). In the case of heavy motor vehicles (1) Axle-weight of each axle. (2) Diameter of each wheel. Note 1.-On sufficient cause being shown, a duplicate of this certificate will be granted by the original rogistering authority ont payment of half the original registration foe. 2.-Every transfer of ownership, and every transfer of possession, whether temporary or otherwise, of a motor vehicle registered under these rules, must forthwith be reported to the registering authority by the registe ed owner and by the transferee. 3.-Whenever the registered owner of a motor vebicle changes his address be must report the new address to the authority who registered the vehicle. Dated 192 Commissioner of Police, Madras. Superintendent of Police, Districi. FORM D. Application for licence to drive motor cycle 1. Full name of applicant. 2. Postal address of residence of applicant. 3. Age of applicant. 4. Whether applicant holds or at any time previously held a license. 5. Particulars of any license which applicant holds or has previously held. 6. Particulars of any cancellation or suspension of, or endorsement on, any license which applicant holds or has previously held. 7. Whether applicant is disqualified from holding a license. 8. Space for left thumb impression of illiterate applicant. "I do hereby declare that the particulars given above are true to the best of my knowledge." Dated Signature." FORM E. Register of licenses to drive granted under the Madras Motor Vehicles Rules, 1923. Serial number and date. Name of licenceholder. Address. Dates of renewal or renewal number. Endorsements. Car or cycles.
MOTOR VEHICLES ACT (MADRAS). 65 FORM F.. of 192 car License to drive a motor car or a motor cycle granted under section 6 of the Indian Motor-Vokicles Act, 1914. No. Fee Rs. 5 (Rupees five) only. (Full name) of (address) is hereby licensed to drive a motor for a period of twelve months cycle from this date. Station Superintendent of Police, District. Dato Commissioner of Police, Madras. [Spaces for the signature of literate applicants and for the left thumb impression of illiterate applicants and for renewals of or endorsement on the licence to be attached.) Note.-Section 4 (c) of the Motor Vehicles Act, 1914, requires that when the driver knows or has reason to believe that an accident has occurred to any perso or to any animal or vebicle in charge of a person owing to tbe presence of the motor vehicle he shall, if so required, give his name and address and the name and address of the owner of such motor vehicle. FORM F. Provisional license granted to an applicant who wishes to undergo instruction in driving a motor car or a motor cycle. of 192 car No. Fee Rs. 5 (Rupees five) only. (Full name) of (address) is hereby provisionally licensed to drive a motor in order to receive cycle instruction in driving for a period of three months from this date. The holder of this provisional license shall not drive a motor vehicle uniess he is accompanied by the holder of a substantive license. Station Superintendent of Police, District. Date Commissioner of Police, Madras. FORM G. Permit for the letting or plying for hire of motor vehicles, granted under rule 30 of the Madras Motor Vehicles Rules, 1923. the District Magistrate of within the I, the Commissioner of Pouce, Madras, hereby permit along the marginally district the letting or plying for hire of the motor vehicle described noted roads below, belonging to residing at whose head office is at subject to the following conditions and also subject to any licence granted under section 166 of the Madras Local Boards Act. [Here enter description of motor vehicle.] Conditions. (1) This permit is granted subject to the provisions of the Indian Motor- Vehicles Act, 1914, and the rules made under section at thereof. It shall be in force for a period of twelve months from this date. (2) Not more than passengers, in addition to the driver and conductor, shall be carried in the vehicle with luggage not exceeding in all lbs., but in place of each passenger short of the prescribed maxi. mum, goods or luggage to the weight of Ibs. may be carried.
66 MOTOR VEHICLES ACT (MADRAS) Not more than one person shall be allowed to sit by the side of the driver in a bus having seating accommodation for ten or twelve persons. In a larger bus, 3.6., a bus intended to seat more than twelve persons, not more than two persons shall be allowed to sit by the side of the driver. No person shall be allowed to sit on the right or left of the driver according as the steering wheel is to the right or left of the vehicle. A conductor shall always be allowed a seat in the vehicle. (2-A) No driver or conductor of a motor-vehicle, when the vehicle has been duly licensed and is either waiting or plying for hire shall, without reasonable excuse, refuse to accept a fare from any person tendering it provided that the conductor shall stop issue of tickets when the maximum Dumber of passengers the vehicle is allowed to carry, has been reached. (3) The permit shall be carried by the driver of the car whenever the vehicle is in motion and the number of persons and weight of luggage specified in condition (2) shall be painted on a conspicuous part of the vehicle. (4) The owner of the vehicle, if it be a motor bus, shall arrange for its examination once in every six months, by a person approved by the District Magistrate or the Commissioner of Police, as to its structural strength, condition and running order generally, and his certificate as to its fitness for use on the road should be submitted by the owner to the District Magistrate or the Commissioner of Police as the case may be. The vehicle shall not be let or ply for hire for a period exceeding six months without its being examined and certified in the manner specified above. (5) The vehicle shall at all times be open to inspection by (i) any magistrate of or above the second-class or (ii) any police officer not below the rank of Inspector of Police. If any such officer considers the vehicle to be unfit for use on the road he shall record his reasons in writing and shall communicate them to the owner as well as to the District Magistrate or the Commissioner of Police as the case may be. The vehicle shall not then be let or ply for hire without the special permission of the District Magistrate or the Commissioner of Police as the case may be until a certificate as to ats fitness has been produced from a person approved by that authority. (6) This permit may be cancelled by the District Magistrate or the Com. missioner of Police for any breach of its conditions or for any infringement of the provisions of any Act, or of any rule having the force of law. When any permit has been cancelled the holder thereof shall forthwith return it to the officer who issued it. (7) The vehicle shall be driven only by a person certified by the licensing authority to be competent to drive the particular vehicle. (8) The weight of the vehicle, when fully loaded, shall in no case exceed six tons. (9) The speeds at which the vehicle may be driven shall be subject to the following conditions : [ Here enter conditions. ] (10) In the case of transfer of ownership or of possession whether temporary or otherwise of a motor vehicle, the registered owner shall, along with his report under rule 6, forward the permit for being endorsed by the licensing authority to the transferee. Note 1.--For the purposes of these conditions, a motor bus shall be taken to mean a motor-vehicle which is let or plies for hire and has seating accommodation for eight or more passengers incuding the driver. Note tA. The conditions in the 'G' permit shall be applicable to motor vehicles even when they are used for private purposes.
MOTOR VEHICLES ACT (MADRAS). 67 Note 2. Condition (4) is applicable only to motor buses, whereas condition (s) applies to motor vehicles of all kinds. In the case of a motor 'bus, however, the inspections conten. plated by condition (5) should be carried out montbly, the object being to verify at short satervals the general fitness of the vebicles for use on public roads. The inspection coming under condition (5) are supplemental to, bot distinct from the statutory examination wbich under condition (4) must be carried out once in every six months for the purpose of scrutinizing the structural strength, condition and general running order of a motor bus. Note s...While issuing permits in the case of motor lorries conditions (2) and (9) must be altered suitably so as to indicate the maximum load that could be carried by them in addition to the driver and conductor. The half-yearly inspection laid down by condition (4) should not be insisted upon in the case of motor lorries. Station District Magistrate, District. Date Commissioner of Police, Madras. SCHEDULE A. Mysore. Pudukkottai. Baroda. Benares. Civil and Mili- | Hyderabad Resi- Bharatpur. tary Station, dency Bazaars. Baud and Nilgiri Bangalore. Travancore. States, Secunderabad Cochin. Hyderabad Cantonment. Kashmir. Feudatory States of Bamra and Gangpur. SCHEDULE B. Mysore. Pudukkottai. Baroda. Benares. Civil and Mili- Cochin. Hyderabad tary Station, Bharatpur. Kashmir, Bangalore. Baud and Nilgiri Feudatory States Travancorc. States. of Bamra and Gangpur.
W. UNITED PROVINCES MOTOR VEHICLES RULES. PUBLIC WORKS DEPARTMENT. - BUILDINGS AND ROADS BRANCH. Dated Allahabad, the 26th February, 1924. No. 500/33M–1921.--In continuation of this department notification Do. 3095-M., dated the inth December, 1923, published on pages 1861 to 1875 of Part I of the United Provinces Gazette of the 15th December, 1923, it is hereby notified that the Local Government, in exercise of the powers conferred by section It of the Indian Motor Vehicles Act, 1914 (00. VIII of 1914), has made the following rules under the said Act, for the regulation of motor vehicles in the United Provinces. Revised rules framed under the Indian Motor Vehicles Act, 1914. (No. VIII of 1914.) I. PRELIMINARY. 1. (1)-These rules may be called the Sbart-title, extent and definitions. United Provinces Motor Vehicles Rules, 1924. (2) They shall extend to the whole of the United Provinces of Agra and Oudh. (3) In these rules " the Act" means the The Act. Indian Motor Vehicles Act, 1914; (6) " axle weight" means, in relation to an axle of a heavy motor vehicle or of a trailer, the aggregate Axle weight. weight transmitted to the surface of the road or other base whereon the heavy motor vehicle or the trailer moves or rests by the several wheels attached; to that axle when the heavy motor vehicle or trailer is loaded : () diameter," in relation to a wheel, means the diameter measured between the two opposite Diameter. points in the outer surface of the tyre which are farthest apart; (2) "heavy motor vehicle" means- (i) a motor vehicle atted with pneumatic tyres, if it exoceds Heavy motor vehicle. three tons in weight unladen ; and (ü) a motor vehicle aot fitted with paeumatic tyres, if it exceeds two toas in weight unladea ;
MOTOR VEHICLES ACT (U. P.) 69 10 12 more motor-bus or omnibus means a motor vehicle (not being a motor cab) which plies for hire and has seating accommodation for Motor-bus. eight or more passengers including the driver ; motor cab" means a light motor vehicle which stands or plies for hire in any public Motor eab. place; (8) motor-cycle" means a self-propelled vehicle running on not than three wheels Motor cycle. and weighing not more than 5 cwts ; ·motor lorry means a motor vehicle for the carriage of Motor jorry. passengers or goods or both; (8) " registered axle-weight” means, in relation to an axle of a heavy motor vehicle, the axle weight of that axle as registered by the Registered axle weight. registering authority in pursu. ance of the rules ; (1) "registering authority" and "licensing authority" mean, in respect of the United Provinces the Registering and licensing authority. Superintendent of Police or in his absence from headquarters the Assistant or Deputy Superintendent of Police, if authorized by him in this behalf; and in respect of any other part of British India the officer or officers lawfully invested with the powers conferred by these rules on the Superintendent of Police and Assistant or Deputy Superintendent of Police, of registering and licensing, respectively; (A) "side carrier attachment to the side of a motor cycle for not more than two adults and a child ; (0) “ tractor means a mechanically or electrically-propelled engine which draws but does not itself Tractor. carry any load except such as is necessary for its propulsion and equipment; "' trailer any vehicle other than a side car drawn by Trailer. a motor vehicle ; In) the expression "weight," when used in relation to a heavy motor Weight. vebicle or a trailer, means (i) when the vehicle or trailer is unladen, the weight of the vehicle, including all parts, equipments, stores, fuel, water and accumulators which are necessary for, or are ordinarily used with, the vehicle or trailer when working : provided that, where alternative parts or bodies are used, the heaviest shall be taken for the purpose of calculating the weight; and (ii) when the vehicle or trailer is laden, its weight when unladen plus its full lawful load, including the weight of the driver and the ttendant ; fo) the expression" width," when used in relation to the tyre of a wheel. means the distance measured Width horizontally and in a straight line across the circumference of the wheel and between the two points in the outer surface of the tyre which are farthest apart. car means Side car. means 90 MOTOR VEHICLES ACT (U.P.) II.--REGISTRATION. 2. Before registering a motor vehicle, the registering authority shall be Brakes. satisfied that the following conditions are satisfied. (1) The motor vehicle must have two independent brakes in good working order and of such efficiency that the application of either will promptly stop the motor vehicle. (2) The motor vehicle and all its fittings must be in such a condition as not to cause, or be likely to cause, danger to any person. 3. (1) No motor vehicle shall be used until it has been registered by the registering authority. In the case of any Registration. motor vehicle which has already been registered outside the United Provinces in accordance with the Act and is required for use in the United Provinces no re-registration shall be necessary until the expiry of the period for which ander clause (2) of this rule such vehicle might have been registered in the United Provinces : Provided that no person shall be punishable for a breach of this rule if he has had no reasonable opportunity of Provisos. registering the motor vehicle in accordance therewith : Provided also that it shall not be necessary to re-register light vehicles which have already been registered under the United Provinces Motor Vehicles Act, 1911. (2) (a) The fee for such registration shall be sixty-four rupees for Bu heavy motor vehicle, thirty-two rupees for Foe far registration. a light motor car or motor-cab and eight: rupees for a motor cycle. In the case of motor cabs, motor lorries and motor-buses or omnibuses plying for bire such registration shall remain in force for a period of not more than twelve months from the date thereof. (6) Registration of motor cabs, motor lorries and motor-buses or omnibuses plying for hire, shall expire on the 31st December next following the date on which registration was made. The fees for the first registration of such vehicles if for part of a year shall be as follows: For heavy motor vekicles plying for hire. (1) Rs. 64 if registered by the 31st of March. (i) Rs. 56 it registered between the ist April and the 30th June. (H) Rs. 48 if registered between the 1st July and the 30th September. (iv) Rs. 40 if registered after the 30th September. For light motor vehicles plying for hire. (Rs. 32 if registered by the 31st of March. ( Rs. 28 if registered between the 1st April and the zoth June. ) Rs. 24 it registered between the ist July and the 30th September. (iv) Rs. 30 if registered after the oth September.
MOTOR VEHICLES ACT (U. P.) 7I (c) Registration may be renewed for any subsequent year on payment of a fee of Rs. 32 for such motor cabe, motor lorries and motor-buses or omni. buses as are heavy motor vehicles, and Rs. 16 for such as are light motor vehicles, provided the application for renewal is received by the Superinten. dent of Police by the 15th January. On belated applications the rates of fees for first registration should be charged. In the case of other motor vehicles registration need not be renewed. (3) The registering authority shall not register any motor vehicle un- Compilance with rules a condition less be is satisfied that the requirements of precodeat to rogistration. these rules in respect thereof are satisfied. (4) No person shall drive, or have charge of, or cause or permit to be used, any motor vehicle or trailer which Continuons compliance with rules. does not in all respects conform to these rules, or which is so driven or used as to contravene any of these rules. (5) The driver shall produce the registration certificate of the motor vehicle when so required by any magis- Registration certificate to be carried, trate or police officer in uniforma in the United Provinces. Note-On sufficient cause being shown a duplicate of the registration certificate will be granted by the original registering autbonity on payment of Rs. 2, the word “ Dupliante being written in red lak across the duplicate certificate. 4. (r) The registering authority shall assigo a distinguishing number and the letters signifying the district to the Number, transfer of ownership, etc. motor vehicle and shall record the name and address of the owner. (2) (a) Numbers and letters assigned to motor vehicles shall be shown in large wbite figures of uniform thickness on a black ground, and for motor vehicles let or plied for hire on a red ground, and shall be of not less than the following dimensions printed on a plate which shall be rigidly affixed in a conspicuous place on the front and back of the motor vehicle and on the back of any trailer: provided that the back plate will not be necessary if the numbers and letters can be printed on the back of the vehicle or trailer conspicuously enough to be easily discernible at a reasonable distance:- Each figure shall be 31" high, composed of strokes t" thick. Each letter shall be at least 21' high, composed of strokes f' thick. A space of one iach shall be left between each figure or letter and a margin of ' at the top, bottom, and sides of the plate: Provided that in the case of motor cycles the figure or letter may be not less than one-half of the above dimensions Proviso. with a space of t" between contiguous figures and letters. (0) No number or letter sball in any way be obscured or rendered or allowed to become not easily discernible at a reasonable distance. In the case of a motor vehicle let or plying for hire the conductor of sucha vehicles or if there be no conductor the driver shall be held responsiblo tor observing this provision. (c) In addition to the pumber and letters assigned by the registering, apthority each motor vehicle registered in the United Provinces shall display on the pomber plate the letters U. P.; the order in which the letters and numbers are to be arranged on the aumber plate shall be as follows: first the lettern U. P., then the registered aanber of the vehicle, and lastly the letters signifying the district in which the vehicle is registered.
72 MOTOR VEHICLES ACT (U. P.) A.A. . (d) The distinguishing letters for districts shall be as shown below: Agra Gonda G.A. Aligarh A.H. Gorakhpur G.R. Allahabad A.D. Hamirpur H.R. Almora A.M. Hardoi H.I. Azamgarh A.Z. Jalaun J.N, Bahraich B.H. Roupur J.R. Ballja B.L. Jhansi J.I. Banda B.A. Kheri K.H. Bara Banki B.B. Lucknow L.W. Bareilly B.Y. Mainpuri M.I. Basti B.I. Meerut M.T. Benares B.S. Mirzapur M.R. Bijnor B.J. Moradabad M.D. Budaun B.N. Muttra M.A. Bulandshahr B.R. Muzaffarnagar M.U. Cawnpore C.E. Naini Tal N.T. Dehra Dun D.D. Paltabgarh. P.H. Etah E.H. Pilibhit P.T. Etawab. E.T. Rae Bareli R.B. Farrukhabad F.K. Saharanpur S.R. Fatehpur F.R. Shabjabanpur S.P.N. Fyrabad F.D. Sitapur S.T. Garhwal G.L, Sultanpur S.U. Ghazipur G.Z. Unao U.O. (3) (a) Every transfer of ownership, and every temporary transfer of possession, of a motor vehicle shall forthwith be intimated to the registering authority, both by the registered owner and by the transferee ; the latter submitting the registration certificate to the registering authority of the district in which the registered owner resided, with sufficient information to enable him to endorse the certificate, and to intimate, if necessary, the address of the transferee to the registering authority of the district to which the vehicle will be transferred. Should the transfer be outside the provinces, the registered owner shall inform the registering authority of the district in which he last resided. Should the vehicle have been registered outside the provinces, the transferee shall inform the registering authority of the district to which the vehicle is transferred, giving the particulars required by Schedule C: Provided that no intimation shall be required for temporary transfers for a period not exceeding seven days. The word transferee includes the purchaser, dealer, auctioneer.' receiver, agent, or any person other than a caretaker who may be in tem-; porary charge of the vehicle. (6) Any change of address(however small) of the owner of a motor vehicle shall be intimated by him to the registering authority of the district in which he resided before the change took place. If the change be to another district, the said registering authority shall report such change with full particulars of the vehicle to the registering authority of the other district. The clause does not refer to transfer of ownership which is governed by clause (a) of this rule. (c) If any circumstances (other than those mentioned in rules 4 (3) (a) and 4 (3) (b)] occurring in relation to any motor vehicle affect the accuracy of any particulars entered as regards that vehicle in the register of motor vehicles, the owner of the motor vehicle shall forthwith inform the registering authority of the district in which he resides. (4). The registering authority may assign to a manufacturer of, or a dealer in, motor vehicles, on payment of an annual fee of thirty rupees, a general number which, together with a distinguishing alphabetical letter of the same dimensions as the numbers, shall be affixed as laid down in sub-rule (2) (a) to any motor vehicle when on trial after completion, or when on trial by an intending purchaser : provided that such motor vehicle shall not ply or let for hire, unless it has been separately registered under rule 3. 66 MOTOR VEHICLES ACT (U. P.) 73 5. When the registering authority, at any time after a motor vehicle has been registered, considers that it has Subsequent defects. not been maintained in such a condition as to prevent danger to the public, or, if the vehicle is a heavy motor vehicle, that it has ceased to comply with any of the special rules for such vehicles, such registering authority may, after notice to the registered owner, direct that the registration be suspended until such time as the defects are remedied to his satisfaction. III.--GENERAL. 6. A motor vehicle shall be driven in accordance with the rules of the road, which require a vehicle to keep on Driving on the rigbt side of the road. the left of the road except when passing horses and other vehicles going in the same direction, which shall be passed on the right, provided that it shall ordinarily pass a tram car on the left or near side whether it be going in the same or the contrary direction. 7. A motor vehicle entering a main road from a branch or side road shall enter the main road slowly, sound the Main and branch roads. horn and give way to the vehicle on the main road. Where main roads have not been defined motor vehicles approaching any intersection of roads shall yield the right of way to vehicles approaching such inter-section from the left. S. No person shall in any public place or street, learn to drive a motor Person learning to drive. vehicle other than a motor cycle unless accompanied by a licensed driver. 9. A motor vehicle shall not be driven in a public road or place recklessly or negligently or at a speed or in a manner Reckless driving. which is likely to endanger human life or to cause hurt or injury to any person or animal or damage to any vehicle or property or which is otherwise than reasonable and proper, having regard to all the circumstances of the case, including the nature and condition of the road, and to the amount of traffic which is actually on it at the time, or which may reasonably be expected to on it. 10. (1) No motor vehicle shall be driven within municipal or cantonment Speed limit. limits at a greater speed than 15 miles an hour : Provided that the speed at which a motor vehicle shall be driven within such limits as the municipal or district board or the cantonment committee may indicate by means of notice boards within their respective areas shall not exceed such rate as may be shown on the notice board. (2) The speed at which a heavy motor vehicle is driven on any highway shall not exceed twelve miles an hour : Provided that (a) if the weight of the motor vehicle laden exceeds six tons, or (b) if the heavy motor vehicle has a trailer attached to it, the speed shall not exceed eight miles an hour : Provided also that if the hcavy motor vehicle has any of its wheels fitted with a non-resilient tyre, the speed at which the heavy motor vehicle may be driven shall not exceed six miles an hour. 11. A motor vehicle shall not be driven on any footway, nor in any road or any street or public place where such Prohibition as to use of motor vehicles traffic may, for the time being, be prohiin certain localities. bited by the District Magistrate or the licensing authority.
74 MOTOR VEHICLES ACT (U. P.) Or 12. (1) Where the registering authority or the District Magistrate or the Executive Engineer or a Local Board or Use of motor vehicles on bridges. Municipality or Cantonment authority or Railway Administration affixes or sets up in suitable and conspicuous positions, on each approach to a bridge forming part of a highway, notices which state that the bridge is insufficient to carry a motor vehicle, the registered axle-weight of which exceeds that specified on the said notice board, the owners of any such motor vehicle shall not cause or suffer the motor vehicle to be driven, and the person driving or in charge of the motor vehicle shall not drive the motor vehicle upon the bridge. (2) The owner of a motor vehicle shall not cause or suffer the motor vehicle to be driven and the person driving or in charge of the motor vehicle shall not drive the motor vehicle upon a bridge forming part of a highway, at any time when another motor vehicle or a locomotive is on the bridge, the combined weights of which would exceed the carrying capacity of the bridge. 13. (I) The person in charge of a motor vehicle shall obey all directions of police officers posted or stationed at Directions in regulation of traffic. crossings or other places for the regulation of traffic, and shall cause the motor vehicle to stop and to remain stationary so long as may reasonably be necessary- (a) when requested to do so by any police officer in uniform for the purpose of ascertaining his name and address or for any other reasonable purpose, or (b) when approaching restive horses or animals or when requested to do so by any person having charge of a restive horse or animal, (c) when an accident occurs to any person or to any animal or vehicle in charge of any person owing to the presence of the motor vehicle on the road. (2) The request referred to above may be made by such police officer or person by putting up his hand as a signalor at night time by moving a lantera or light up and down. (3) The person in charge of a motor vehicle shall, on the request of any police oficer in uniform, or on the occurrence of an accident such as is referred to in sub-rule (1) (c) or on the request of any other person, truly state bir name and address and the name and place of abode or business of the owner, and shall further render all possible assistance to any person injured, and if there be no police officer present, shall give intimation of the accident at the nearest police station. 14. Every person driving a motor vehicle shall have ready and available for immediate use a deep-toned horn or Motor vehicles to carry borns. other instrument capable of giving audible and sufficient warning of his approach or position and sball sound the same whenever expedient to prevent danger to any of the public : Provided that in the case of a motor cycle the born shall have a bigbo pitched tone, 15. No person shall drive a motor vehicle during the period commencing half an hour after sunset and ending ball Motor vehicles to carry lacaps. an hour before sunrise unless such vehicle is provided with lights as follows: (1) la the case of vehicles other than motor cycles (a) one lamp showing a white light in front affixed on each side of the front portion of the vehicle ; (b) one lamp showing a red light at the rear and showing a white light at the side a fixed at the back of the vehicle in such manner as to illuminate with tbe white light and render easily distinguishable the signs and numbers on the plates.
MOTOR VEHICLES ACT (U. P.) 75 (2) In the case of motor cycles.com (a) one head-light exhibiting a white light in the direction in which the motor cycle is procecding, so placed and so efficient as to illuminate and render easily distinguishable the registered number of the motor cycle ; (b) one red rear light exhibiting a red light in the reverse direction or a reflector so constructed and attached to the motor cycle as to reflect a red light from any light carried on another vebicle ape proaching from behind; (c) when a side car is attached to such motor cycle, the side car shall also carry a white light showing to the front. (3) lo all cases (a) the lamps shall be of suitable character and illumination ; (b) the lamps shall be kept properly alight; (c) where acetylene or electric lamps or lamps of any description giving a powerful and intense light are used, the same shall be properly hooded or screened so as not to cause inconvenience, or danger to other users of the road. 16. No motor vehicle sball be allowed to stand in any street or public Care of vehicles standing in public under section 6 of the Act, unless all place unattended by a person licensed places. reasonable precautions have been taken to ensure that it cannot be put in motion in the absence of the driver, or, if such motor vehicle is propelled by steam, unless its fires have been extinguished and it has ceased to contain in itself sufficient power to move. Every motor vebicle standing in a public place shall carry at oight a lighted rear lamp as prescribed in these rules, provided that if it stands in a place where it is clearly visible the use of a lighted rear lamp will ont be necessary. 17. The driver of a motor vehicle shall not cause the vehicle to travel backwards for a greater distance or time Turning of vebicles. than may be requisite for purposes of safety or in order to turn round. 18. A manufacturer of, or a dealer in, motor vehicles shall keep a register in such form as the registering authority Register to be kept by manufacturers and dealers. may direct showing the description of the vehicle used, the name of the driver and the hours and dates on which he was in charge of the vchicle. Such register shall be open to inspection on the demand of any police officer in uniform of or above the rank of sub-inspector. 19. No motor competition, reliability trial, display,or exhibition, in which more than five motor vehicles take part. Motor competition or reliability trial. without the previous sanction of the Comshall be permitted on any public road missioner. 20. (1) The licensing authority sball examine all applications for the grant of a license to drive a motor vehicle Driving test for license. and may, before issuing a license, require the applicant to submit to a driving test. (2) The licensing authority may appoint competent persons to test applicants for license for the purpose of clause (1) of this rule : Provided, firstly, that the licensing authority shall not appoint a person who has any interest in a transport company : Provided, secondly, that no such test shall be aecessary if the applicant has driven a motor vehicle of the description for which the license is to be grantedor renewed on a license for a period of one year :
76 MOTOR VEHICLES ACT (U.P.) Provided, thirdly, that a license granted in any other part of India under the Act shall be valid in the United Provinces for the period ending the 31st December after the date upon which it was granted. (3) Applicants for licenses for driving motor cabs and heavy motor vehicles shall undergo a special driving test and shall be granted the special license prescribed in rule 22 (1) (b). (4) A driver licensed outside the United Provinces wishing to drive a public conveyance or a heavy motor vehicle must undergo a special driving test unless he already holds a license for the same purpose. (5) No person under the age of 18 years shall be granted a license to drive a motor vehicle. 21. The driver of a motor vehicle shall produce his license, whether granted in or outside the United Provinces, Driving licenses to be carried. when required to do so by any magistrate or police officer in uniform. 22. (1) The fees for licenses, which shall expire on the 31st December next following the date on which it was Period of license and fee. granted, shall be (a) Rupees 2 for license and Rs. 2 for renewal thereof: the application for renewal must be made before the 31st December of each year. (6) Rupees 5 for the special license prescribed in rule 20 (3) and Rs. 2-8 for renewal thereof. The license will not, however, be renewed for Rs. 2-8 unless an application for renewal is made and the fee is paid to the licensing authority before the 31st December of each year, but no driver will be debarred from obtaining a fresh license on payment of a fee of Rs. 5 merely by reason of his former license having expired without renewal. Note. On sufficient cause being shown a duplicate of the license will be granted by the original licensing authority on payment of Re. 1, the word “ Duplicate" being written in red lok across the duplicate license. (2) Nothing in there rules shall affect the obligation imposed upon the proprietor or driver of a motor cab or a motor lorry or a motor-bus or omnibus plying for hire, by or under any enactment other than the Act, to take out a license. 23. All fees shall be credited by the licensing authority to provincial Crediting of fees. 24. (a) The maximum rates for the fare or hire of a motor cab or a motor lorry or a motor-bus or omnibus plying for Hire of public conveyances. hire shall be in accordance with the schedule approved by the district authority which for this purpose will consist of- (1) the District Magistrate, (2) the Superintendent of Police, (3) the District Engineer, and (4) two non-officials to be nominated by the District Magistrate, one of whom will preferably be in the motor trade. (6) A charge for detention after a motor cab or a motor lorry or a motor. bus or omnibus has been hired will be leviable in accordance with rates laid down in a schedule approved by the said district authority. (C) The district authority shall enter on the owner's permit in Schedule I, the maximum number of passengers and the quantity of luggage to be carried in a motor cab or motor lorry or motor-bus or omnibus plying for hire and in the case of a motor lorry.plying for hire for the carriage of goods the weight of goods that may be carried at any one time in such motor lorry. revenues.
MOTOR VEHICLES ACT (U. P.) 77 (d) The district authority shall appoint stands or places at which such motor lorries, motor-buses or omnibuses may stand to ply for hire and shall fix the hours of departure of vehicles for specified places. (e) The schedule of sanctioned fares and rates shall always be available for examination by passengers and consignors and should be carried on the vehicle. The driver of a public conveyance shall not receive for carriage any person suffering from any contagious or infectious disease, por any corpse, without the written permission of the District Magistrate or an officer authorised by him in this behalf. A copy of such permission shall be sent by the officer issuing it to the registering authority, who shall forbid the uso of such conveyance for the carriage of passengers or goods until it has been disinfected to the satisfaction of the registering authority. The cost of disinfection shall be borne by the owner of the vehicle. 25. For any infringement of ruie 24 the Superintendent of Police may suspend or revoke the registration certi- Penalty. ficate of any motor vehicle let or plied for hire. 26. All notice boards posted at the sides of the roads under these rules shall be painted red with the notice inscribed in white letters sufficiently large to be easily legible by persons using the roads and all danger signposts erected by any local authority shall show the signs indicated in Schedule Fin white on red ground. 27. Such notice boards or signposts shall be affixed or set up perpendicularly to the road and about 270 yards from the obstructions they are meant to indicate unless the character of their surroundings renders this impracticable, special arrangements being made when the distance of a notice board from its obstruction is considerably more or less than 275 yards. Such notice boards shall be placed on that side of the road which is at the left hand of a person approaching the obstruction. Notice boards. IV.SPECIAL RULES FOR HEAVY MOTOR VEHICLES. 28. On every application to a registering authority for the registration of a heavy motor vehicle and for permis- Registration of weights. sion to ply for hire the applicant shall declare (a) the weight of the heavy motor vehicle unladen, (b) the axlc-weight of each axle, (c) the diameter of each wheel, and (d) the width and material of the tyre of each wheel. 29. (1) Before a heavy motor vehicle is registered, the weight of the vehicle when unladen, and if the register- Requirements before registration. ing authority so directs, the axle-weight of each axle of the vehicle shall be ascertained by, or in the presence of, a gazetted officer appointed in this behalf by the registering authority, unless a certificate from the maker of the yehicle or from a reliable firm in India, giving the required information, is produced. (2) The said officer shall certify the weight or weights so ascertained and shall make any necessary correction in the statement of weights declared by the owner; and shall also satisfy himself that the tyres of the wheels of the vehicle, if the tyres are not pneumatic or are not made of a soft or elastic material, are of the dimensions required by rule 33. (3) The owner of the vehicle shall, for the purposes of clauses (1) and (2) of this rule, cause the vehicle to be driven or brought to any such place within the confines of the headquarters of the registering authority as this authority may appoint.
78 MOTOR VEHICLES ACT (U. P.) (4) Upon the registration of a heavy motor vehicle (a) the weight of the vehicle when unladen, as certified ander clause (1) of this rule; (b) the axle-weight of each axle, as so certified (or if not so certified) as declared by the owner of the vehicle ; (c) the diameter of each wheel ; (d) the width and material of the tyre of each wheel; and (e) the highest rate of speed at which, in conformity with rule 10, the vehicle may be driven without a trailer, shall be entered in the register of motor vehicles. 30. Upon receiving from the registering authority a copy of the entries made in the register relating to a heavy Registered weight to be printed on motor vehicle or trailer, the owner of the the vehicle. motor vehicle or trailer shall cause to be printed or otherwise plainly marked in a conspicuous place letters and figures not less than one inch in height, and in such a manner as to be legible at a reasonable distance (a) on the right or offside of the vehicle or trailer (i) the registered weight of the vehicle or trailer when unladen ; (ii) the registered axle-weight; (üi) the registered laden weight; and (iv) the registered chassis weight. (6) on the left or nearside of the vehicle (i) the highest rate of speed at which, in conformity with rule 10, the vehicle may be driven without a trailer; and (ii) the owner's name and address : Provided that this rule shall not apply to trailers not exceeding one ton in weight when unladen. 31. (1) The axle-weight of an axle of a heavy motor vehicle shall not Axle weight. exceed the registered axle weight. (2) The registered maximum axle-weight of any axle of a heavy motor vehicle shall not exceed six tons and the axle-weight of a trailer shall not exceed four and a half tons. (3) The sum of the registered axle weights of all the axles of a heavy motor vehicle shall not exceed eight and a half tons. 32. No motor vehicle, whether in the heavy or light category, of more than six tons total weight laden, shall be Restriction on weight of vehicles. allowed on a road unless it be permanently fitted with twin resilient tyres on the driving wheels. No motor vehicle which exceeds eight and a half tons total weight fully laden shall be allowed to travel on any portion of any road. 33. The tyres of each wheel of a heavy motor vehicle, unless the tyres are pneumatic or made of a soft or elastic Tyres of beavy motor vehicles. material, shall be smooth and shall, where the tyre touches the surface of the road, or other base whereupon the heavy motor vehicle moves or rests be flat, provided that the edges of the tyre may be bevelled or rounded to the extent in the case of each edge of not more than half an inch : Provided also that (i) if the tyre is constructed of separate plates, the plates may be separated by parallel spaces which shall be disposed throughout the outer surface of the tyre, so that nowhere shall the aggregate extent of the space of spaces in the course of a straight line drawn horizontally across the circumference of the wheel exceed oneeighth par oft the width of the tyre;
MOTOR VEHICLES ACT (U. P.) 79 4 () all heavy motor vehicles and agricultural engines exceeding eight and a half tons in laden weight shall not be allowed to travel on any portion of any road without special permission. No motor tractor with barred wheels shall be allowed on the metalled Surface of any road without special permission from the local authorities unless provided with effective rubber shoes. 34. (I) The width of the tyre of each wheel of a heavy motor vehicle . or trailer shall be determined by such of Width of tyres. the following conditions as may apply to the circumstances of the case :- (a) The width shall in every case be not less than 5 inches, or, in the case of a trailer, 3 inchcs. (6) The width shall not be less than that number of half inches which is equal to the number of units of registered axle-weight of the axle to which the wheel is attached. The unit of registered axle-weight shall vary according to the diameter of the wheel, and the rules set fourth in the subjoined scale, that is to say (i) if the wheel is 3 feet in diameter, the unit of registered axle-weight shall be 75 cwts. ; (ii) if the wheel exceeds 3 feet in dian.eter, the unit of registered axle weight shall be 7 cwts. with an addition of weight in the proportion of 1 cwt. for every 12 inches by which the diameter is increased beyond 3 feet, and in the same proportion for any increase which is greater or less than 12 inches; and (iii) if the wheel is less then 3 feet in diameter, the unit of registered axle-weight shall be 71 cwts, with a deduction of weight in the proportion of 1 cwt. for every 6 inches by which the diameter is reduced below 3 feet; and in the same proportion for any reduction which is greater or less than 6 inches. (2) This rule shall not apply to any tyre which is pneumatic or which is made of a soft or elastic material, or to trailers not exceeding one ton in weight unladen. 35. The diameter of a wheel of a heavy motor vehicle or trailer, if the wheel is fitted with a tyre which is not pneumatic or is not made of a soft or Size of wheels. elastic material, shall be not less than 2 feet. 36. A heavy motor vehicle, and any trailer attached to any such heavy motor vehicle, may, when measured Width and length of vehicle. between its extreme projecting points, of a width aot exceeding 7 feet 6 inches and no heavy motor vehicle or train made up of a motor vehicle with one or more trailers attached to it shall be used on any street or road if such motor-vehicle or train exceeds 75 feet in length. 37. Every heavy motor-vehicle and trailer shall be constructed with suitable and sufficient springs between each Springs. axle and the frame of the heavy motor vehicle. 38. (1) Each trailer attached to a heavy motor vehicle shall have a brako approved by the registering authority and Trailers. each trailer shall carry upon it a person. competent to apply the brake efficiently. Provided that where the brakes upon the motor vehicle to which any trailer is attached are so constructed and arranged that neither of them can be ased without bringing into action simultaneously the brake attached to the trailer, or if the brake of the trailer can be applied from the motor vehicle independently of the brakes of the latter, the above conditions need not be complied with 80 MOTOR VEHICLES ACT (U. P. (2) No heavy motor vehicle used on any street or road shall have attached to it more than three trailers with a total length of whole train not exceod. ing 75 feet. (3) Trailers shall be provided with resilient tyres. (4) The weight of each trailer must on no account exceed four tons fully loaded. 39. A trailer shall not be attached to a public conveyance except under a permit granted by the District Trailers for public conveyances. Magistrate. 40. When a heavy motor vehicle is used on any road or street two persons shall be employed in driving, and attending to, such vehicle, the latter remaining Attendants on heavy motor vehicles. at the back of the vehicle to give the driver warning of approaching traffic. 41. The cylinder taps of a heavy motor vehicle propelled by steam shall not be opened in proximity of any person Steam vebicles. riding, driving, leading, or in charge of, any horse, nor shall the steam be allowed to attain a pressure exceeding that at which the safety valve is set to act so that no steam shall blow off when the vehicle is upon the road or street. 42. Every application for registration of a heavy motor vehicle shall make a declaration in the form of Schedule Form of registration of heavy motor vehicles. D and append it to his application for registration, V.HILL ROADS AND HILL STATIONS. d! 43. The following rules shall be in force on the hill roads specified in Schedule E which shall be revised from time to time as the Government may prescribe. On all such roads motorists shall proceed with special caution. 44. In the following rules :- Night" means the period from half an hour after sunset to half an hour before sunrise. A hill road means a road constructed on a gradient on the side of a mountain or hill. The District Magistrate shall cause the places (or points) where each hill begins and ends to be marked by the erection of large notice boards on the road side. 45. No motor vehicles shall travel by night on any of the hill roads specified in Schedule E or on any other hill road on which, with the previous sanction of the Government, the District Magistrate has prohibited night travelling by notification in the Government Gazette and by erecting notice boards at the top or bottom of the hill : Provided that the District Magistrate or an officer authorized by him in this behalf shall have power to grant a permit to any person or persons for travelling by night when he considers special and sufficient reasons exist. Exception. Should a motor vehicle break down on any road on which night travelling is prohibited, the driver shall draw up on one side of the road if unable to accomplish the journey before nightfall. He may, however proceed immediately after effecting the necessary repairs, but shall halt at the first police station or police outpost to which he comes after nightfall and there give his name and the number of his vehicle and a statement of the reasons why he is travelling at that hour and shall drive at a speed of not more than eight miles an hour. 46. Foot passengers and persons in charge of motor vehicles, of vehicles. drawn by animals, and, where practicable, of driven animals, shall observe the ordinary rules of the road as defined in Rule 6.
MOTOR VEHICLES ACT (U. P.) 81 47. The speed of motor vehicles shall not exceed 15 miles an hour on any portion of the road, and 9 miles per hour between caution boards. The speed of heavy motor vehicles shall not exceed the limit prescribed in rule 1o. 48. On approaching a corner the driver shall sound his horn. 49. All motor vehicles plying for hire while travelling on hill roads shall on demand by any Police officer in uniform authorized by the Superintendent of Police be liable to examination and inspection with a view to testing the sufficiency and efficiency of brakes fitted on such vehicles; and all drivers of such vehicles shall on request by such officer allow such inspection and examination. If on such examination the officer considers it dangerous for the vehicle to travel further, the driver shall not proceed until the brakes are put in order to the satisfaction of such officer. VI.-FORMS. 50. Every application for a driving license under section 6 of the Act shall contain the particulars specified Application for license. in Schedule A. 51. Every license granted under section 6 of the Act shall be in the form prescribed as Schedule B or in such other Form of license. form as the Local Government may prescribe and shall have affixed thereto the signature, thumb-impression or the photograph of the licensee. 52. Every application for registration shall contain the particulars Application for registration. specified in Schedule C. 53. Every registration certificate granted under section ro of the Act Form of registration certificate. shall be in the form prescribed as Schedule G. 54. Every registering authority shall maintain a register in the form Form of register. prescribed as Schedule H. SCHEDULE A. Particulars to be given by applicant for license to drive (see rule 50). 1. Full name of applicant. 2. Postal address of residence of applicant. 3. Whether applicant is over eighteen years of age. 4. Whether applicant is physically fit and has passed the test in driving prescribed under rule 20. 5. Whether applicant holds, or bas at any time previously held, a license. 6. Particulars of any license which applicant holds or which he has perviously held. 7. Particulars of any endorsement on any license which applicant holds or which he has previously held. Date Signature of applicant.
82 MOTOR VEHICLES ACT (U. P.) SCHEDULE B. of 19 Form of license (see rule 51.) No. Fee Rs. 2 only. License to drive motor * granted under section 6 of the Indian Motor Vehicles Act, 1914, tom Name- Address Date of expiry of license- -19 Signature of licensing authority District Date of renewal. Date of expiry. Signature of licensing authority. Note 1.-When the form is used for the special license prescribed in rule 20 (3) the wor Special" should be written in red ink before the words“ License to drive, etc." Note 2.-On sufficient cause being shown a duplicate of this license will be granted by the original licensing authority on payment of Re. 1, the word “ Duplicate" bejng written in red ink across the duplicate license. Here insert kind of vehicle. Instructions to be printed at the back of the driving license. DRIVING LICENSE. Renewal of a driving license must be made before the 31st December o each year to avoid the rigours of the law and rules. (Rule 22.) The driver should carry his driving licence and the registration certificate of the motor vehicle for production when so required by any Magistrate or Police officer in uniform. [Rules 21 and 3 (5).]
MOTOR VEHICLES ACT (U. P.) 83 SIGNALS TO BE USED BY DRIVERS. 1. When pulling up hold the right arm as in Figure 1. 2. When turning to the right, extend the right arm fully and make the turn after giving due warning in the manner indicated. Take care to pall in to the centre of the road early so that if the turn cannot at once be made traffic from the rear may pass on your left hand. (Figure 2.) PS.-Make no signal when turning to the left and do not allow any passenger in your car to attempt to give signals. It is a most dangerous practice. 3. When slowing down, hold out right arm horizontally and move the hand up and down. (Figure 3.) 4. If a car wishes to overtake you and you desire it to overtake you give the driver the all clear signal to come on by waving the right hand from rear to front. (Figure 4.) Figures omitted. RULES. Which should be observed by every driver. 1. Never overtake another car at a corner, especially where there is a turning to the right. 2. Never let your car stand by the curb at a junction. It is an obstruction to all who take the turning. 3. When your car has broken down, pull in at once to the side of the road and make your repairs while causing as little inconvenience as possible to other traffic. Hints. 1. Remember that by driving a light motor vehicle at a speed of 15 miles an hour or a heavy motor vehicle at a speed of 12 miles an hour within municipal or cantonment limits you will reach your destination only seconds later than the driver who violently brakes every hundred yards. At the end of the year you will be accident free and your car in so much the better condition. 2. Do not overtake in the 3rd row. 3. Turn from a side street into a main street with due caution. 4. Give way to traffic which has the obvious right of way. SCHEDULE C. Application for registration (see rule 52). 1. Full name of owner. 2. Address of owner. 3. Type of vehicle. 4. Maker's name. *5. Weight unladen. *6. Axle-weight. *7. Diameter of wheels. *8. Width and material of tyres. * Information to be given only in the case of a heavy motor vehicle or trailer, 84 MOTOR VEHICLES ACT (U. P.) 9. Date of manufacture. 10. Horse power. 11. Engine number. 12. Chassis number. 13. Number of cylinders. 14. Whether intended for (a) private use, (6) use for trade purposes. (c) use as a public conveyance. 15. Carrying capacity- (i) Up to 15 cwt. (ii) 15 cwt. to 30 cwt. (iii) 2 tons (iv) 3 tons · (v) 4 tons (vi) 5 tons (vii) 6 tons and over (viii) 2 seater (ix) 4 seater (x) 5 seater (xi) 6 seater (xii) 7 seater (xiii) 8 seater or over (xiv) If fitted with a side car In the case of motor vehicles used for the transport of goods. Steam lorries to be marked“ S." In the case of motor cars, motor cabs. motor buses or omnibuses and motor lorries. In case of motor cycles. In case of char-a-banc. (xv) Seating capacity SCHEDULE D. Application for registration of a heavy motor vehicle (see rule 42). DECLARATION. I hereby declare that the following particulars in relation to the motor vehicle or trailer to which my application relates are true to the best of my knowledge and belief : (1) Weight of my heavy motor vehicle or trailer unladen. (2) Axle-weight of each axle. (3) Diameter of each wheel. (4) Width and material of the tyre of each wheel. SCHEDULE E. (See rule 43.) (1) Kotdwara-Lansdowne road, between Kotdwara and Lansdowne. (2) Kathgodam-Naini Tal road, between Kathgodam and Naini Tal. (3) Naini Tal-Brewery-Ranikhet road, between the Brewery and Ranikhet. (4) Almora-Ranikhet road, between Almora and Ranikhet. (5) Almora-Baijnath road, between Hawalbagh and Baijnath. (6) Kalsi-Chakrata section of the Saharanpur-Chakrata roade (7) The Mohand and Timli passes.
MOTOR VEHICLES ACT (U. P.) 85 SCHEDULE G. . (Seo rule 53.) Certificate of registtation of a motor vehicle. No. OF 19 FEL Rs. This is to certify that a motor vehicle of the description given below, owned by of has been registered by me on and has been assigned the distinguishing number (NOTE.-This certificate will be accepted as evidence of registry throughout British India.) Name of maker. Type of vehicle with any other particulars useful for identification. Type of body of vehicle. Horse-power. Number of cylinders. Number stamped on engine. Use for which intended. Superintendent of Police, District. (Note. On sufficient cause being shown, a duplicate of this certificate will be granted by the original registering authority on payment of Rs. 2, the word “ Duplicate" being written R red ink across the duplicate certificate.)
Serial number. Registered number, N Tko Dated- Name of owner. 10 11 12 13 14 15 Address of owner. Type of vehicles. Maker's name. * Weigbt unladen. * Axle weight. * Diameter of wheels. * Width and material of tyres. Date of manufacture. Horse power. Engine number. Chassis number. Number of cylinders. Whether intended for- (a) private use, (b) use for trade purposes, le) use as a public convoy. ance. R a 16 Rogister of motor vehicles registered in the- (See rule 54.) SCHEDULE H. Up to 15 cwt. 17 18 15 cwt. to 30 cwt. 61 2 tons. 20 3 tons. be marked "S." goods, steam lorries to used for the transport of In the case of motor vehicles 4 tons. * Information to be given only in the case of a heavy motor vehicle or trailer. Superintendent of Police. District. 5 tons. 6 and tons over. 2 seater. 21 22 23 24 25 26 27 28 29 4 seater. 5 seater. or omnibuses. lorries and motor buses motor cabs, motor lo case of motor cars, CARRYING CAPACITY. 6 seater. 7 seater. 8 seater and over. district. 30 If fitted with side car, In case of motor cyclos. 31 Seating capa. city. In case ot char-a. banc. پیا 32 33 Date of registration. Amount of fee. w w 34 Remarks. MOTOR VEHICLES ACT (U. P.) 86 MOTOR VEHICLES ACT (U. P.) 87 SCHEDULE I. (Soe rule 24 (c).) Permit to ply a motor * mentioned below for bire in tho United Provinces granted under rule 24 of the United Provinces Motor Vehicles Rules, 1924:- Maximum carrying capacity. Number of regis. tntion certificate. Number of passengers. Quantity of goods. Signature of the District Magistrats or Superintendent of Polico. * Here enter the kind of vehicle, such as cab, bus, lorry, etc.
V. BOMBAY PRELIMINARY. 64 Short Title, Extent and Definitions. 1. (1) These rules may be called the Bombay Motor Vehicles Rules, 1915. (2) They shall extend to the whole of the Bombay Presidency, including Aden, (3) In these rules, (a) "registering authority” shall mean in Sind the Superintendent of Police, Karachi Head Quarters, in Aden the District Magistrate of Aden, and elsewhere the Commissioner of Police for the City of Bombay; and (6) the Act” shall mean the Indian Motor Vehicles Act, 1914 (VII of 1914); (c) the expression motor cycle” means a two, three or four-wheeled cycle propelled by mechanical means, fitted with seats but without a carriage body, and weighing not more than 5 cwt. ; (d) the expression “heavy motor vehicle" means a motor vehicle exceeding two tons in weight, Heavy Motor Vehicle. unladen ; (e) the expression " trailer Trailer. means any vehicle drawn by or attached to a motor vehicle; o the expression axle-weight means, in relation to an axle of a heavy motor vehicle or of a Axle-Weight. trailer, aggregate weight transmitted to the surface of the road or other base whereon the heavy motor vehicle or the trailer moves or rests by the several wheels attached to that axle when the heavy motor vehicle or trailer is loaded ; (8) the expression “registered axle-weight mcans, in relation to an axle of a heavy motor vehicle, Registered Axle-Weight. the axle-weight of that axle as registered by the licensing authorities in pursuance of these rules ; (h) the expression “weight," in relation to a heavy motor vehicle or trailer when unladen, means Weight. the weight of the vehicle ex. clusive of the weight of any water, fuel or accumulators used for the purpose of propulsion; (i) the expression " width," in relation to the tire of a wheel, means the distance measured horizontally Width. and in a straight line across the circumference of the wheel and between the two points in the outer surface of the tire which are farthest apart; 6) the expression diameter", in relation to a wheel, means the diameter measured between the two opposite points in the Diameter. outer surface of the cire which are farthest apart..
MOTOR VEHICLES ACT (BOMBAY). 89 DRIVING LICENSES. 2. (1) A license to drive, a motor vehicle shall be granted in the City of Bombay by the Commissioner of Police, Driving Licenses. in Karachi by the Superintendent of F'olice, Karachi Head Quarters and elsewhere hy the District Magistrate, to any person who can satisfy such authority that he is a competent and careful driver. Such license may be for driving motor vehicles generally or may be restricted to motor cycles, or in the City of Bombay or in any area notified by the Government of Bombay to motor vehicles excluding heavy motor vehicles. Provided that, on satisfying the licensing authority that he is competent to drive motor vehicles other than motor cycles, any holder of a license restricted to motor cycles may have the license endorsed for motor vehicles generally or for motor vehicles other than heavy motor vehicles without payment of further fee. (2) A person desirous of qualifying for the license mentioned in sub-rule (I) may obtain a temporary permit from the aforesaid authority valid for three months. A person holding such permit shall be subject to the provisions of rule 31-A. On or before the expiry of such permit the holder thereof may appear before the Commissioner of Police or the Superintendent of Police, Karachi Head Quarters, or the District Magistrate or before any officer appointed by the aforesaid authorities, to undergo the necessary test in driving, and should such person pass the test satisfactorily a license to drive shall be issued to bim. (3) Such license shall be valid throughout British India. (4) A driving license granted in accordance with any rule in force for the time being in any province of British India in any State in India included in Schedule H shall be valid up to the date of its expiry throughout the Presidency of Bombay. 3. The fee for licenses and permits Fees for Licenses and Permits. granted under rule 2 (1) and (2) shall be Rs. For a temporary permit for a driving license For each renewal of a driving license if renewed from the date of its expiry For a duplicate license Provided that in the event of a person holding a temporary permit being granted a driving license, the fee paid for the temporary permit shall be so adjusted as to form part of the fee for the driving license. A driving license will not ordinarily be renewed after the date of its expiry but no person shall be debarred from obtaining a fresh license on payment of Rs. 10 merely by reason of his former license having expired without renewal. In cases where a driving license cannot be renewed in time owing to circumstances beyond the control of the license the licensing authority may in his discretion charge a renewal fee of Rs. 2 instead of the full license fee of Rs. 40. 4. The Commissioner of Police for the City of Bombay shall, on or before the thirty-first day of January in each Credit of Fees. year, pay to the credit of the Municipal Fund specified in section wit of the City of Bombay Municipal Act, 1888, the balance, after all expenses incurred ia administering the Act in the City of Bombay have been defrayed, of the fees recefved by him for licenses granted by him under rule 2 in the preceding year. 2 10 2 1 90 MOTOR VEHICLES ACT (BOMBAY). 5. Every driving license shall remain in force for a period of twelve months from the date on which it is Period of Driving License. granted, but shall Be renewable from the date of its expiry, and the såme provisions shall apply to the renewal of the license 20 apply to the grant thereof; provided that in Aden every driving license shall remain in force from the date on which it is granted until 31st March following. 5A. A driving license granted under rule 2 may be cancelled or suspended by a written order for a period not exceeding one year by the authority by which it was granted and for reasons to be recorded by such authority, provided that no such license shall be cancelled or suspended unless the driver has been convicted of an offence under the Act or the rules made thereunder or of any offence under the Indian Penal Code arising out of the use of a motor vehicle. REGISTRATION. 6. (7) No motor vehicles shall be used (savc in accordance with rule 14 Registration. or for the purpose of procuring registration or re-registration) (a) unless it has been registered by the registering authority, and (b) unless the registration certificato granted in respect thereof is in force. (2) Registration certificates granted in accordance with rule 73 and Schedule D,' shall expire on the 31st August next following the date on which they are granted. (3) Registration certificate shall be renewable. The same provisions shall apply to the renewal of a certificate as apply to the grant thereof. (4) Notwithstanding anything in this rule any registration certificate granted under any enactment for the time being in force in any part of British India other than the Presidency of Bombay, or in any State in India included in Schedule 'H'shall be valid in the Presidency of Bombay until the date of its expiry. 7. The fee for registration shall be four rupees for motor cycles, sixteen rupees for motor vehicles of two tons and Fee for Registration. under and thirty-two rupees for motor vehicles exceeding two tons. A fee of Re. I shall be charged in any case for the grant of a duplicate registration certificate. Provided that no fee shall be charged for the renewal of a registration certificate in any case wh the application for renewal is made before the expiry of the certificate. Provided also that traction engines used solely for agricultural purposes shall be registered free of charge and steam rollers, fire engines and fireescape tenders need not be registered. Provided also that no fee shall be charged for the renewal of a registration certificate in any case where the application for renewal is received by the registering authority not later than 15 days after the expiry of the certificate. 7A. A license card for motor vehicles shall also be issued in the form set out in Schedule' DD.' 7B. (a) The license card shall be attached to and carried on the vehicle at all times when the motor vehicle is in use on a public road or street in a holder in compliance with the specification set out in Schedule D.' (6) The license shall be carried on the motor vehicle- (i) In the case of motor: cycles, motor cycles with side car, mo tricycles and motor scooters in a conspicuous position on the ne side of the vehicle ; and MOTOR VEHICLES ACT (BOMBAY). 91 as (ii) In the case of other motor vehicles (except when placed on or adjacent to the wind-screen as hereinafter provided) on the near side of the vehicle facing toward the near side of the road and not less than 2 feet 6 inches nor more than 6 feet 6 inches from the ground level between two parallel lines, the first drawn vertically through the rearmost part of the driving seat, and the second drawn vertically 6 inches in front of the base of the front glass wind-screen where fitted, or where no such wind-screen is fitted through a point 4 feet forward of the first line. Provided that in the case of a vehicle fitted with a front glass-screen extending across the vehicle to the near side, the license card shall be carried facing forwards on the near (left) lower corner of the glass of the wind-screen so as to be visible through the glass. In the event of the license card being carried upon the glass portion and otherwise complying with the rules, the obligation that it shall be carried in a inetal holder with a clear glass front shall not be enforced if it is so carried as to be weatherproof. (c) The license card shall be placed and carried so as to be clearly visible at all times by daylight to a person standing at the near side of the vehicle whether such vehicle is moving or stationary." 8. The registering authority shall assign a distinguishing number to Distinguisbing numbers. the motor vehicle with the name of the registering centre in front, viz. :- BOM., BOM.-2, or Y for Bombay. KA. for Karachi. ADN. for Aden. 9. (a) Numbers assigned to motor vehicles Particulars to distinguishing shall be shown white black numbers. ground. (6) The numbers shall be of the following dimensions :- Height of each figure 31 inches, uniform thickness | inch, each figure occupying a space of 2] inches with 1 inch between each figure, and a margin of inch at the top, bottom and sides of the plate: Provided that in the case of motor cycles the number may be not less ithan two-thirds of the above dimensions. (c) The numbers shall be painted on a plate rigidly affixed in a conspicuous place on the front and back of the motor vehicle and on the back of any ailer : Provided that the number for the back of a motor vehicle or trailer may be painted on any conspicuous smooth surface, such as the petrol tank, that may be available for the purpose, instead of on a plate. (d) No number shall in any way be obscured or rendered or allowed to become not easily discernible at a reasonable distance. (e) In the case of a motor tricycle or motor bicycle the front number plate shall have duplicate faces and shall be fixed to the front of the cycle so that from whichever side the cycle is viewed the letters or figures on one or other face of the plate may be easily distinguishable from the front of the cycle. (1) In the case of registration by the Commissioner of Police and by the Superintendent of Police, Karachi Head Quarters, number plates shall be obtained respectively from the Motor Vehicles Department of the Head Police Office, Bombay, and from the office of the Superintendent of Police, Karachi Wead Quarters, on payment of the cost. on а.
92 MOTOR VEHICLES ACT (BOMBAY). 10. In the case of applications for the registration of motor vehicles elsewhere than in the City of Bombay, the Registration in Districts. City of Karachi and Aden, the registering authority, may accept the certificate of the District Superintendent of Police of the district from which the appli. cation is made that the requirements of rule 12, and, where that applies, rule 13 are, in any particular case, in his opinion duly complied with. II. The registering authority shall establish and keep a register (hereinafter referred to as the Register of Motor Register. vehicles "') for the registration of motor vehicles in which the name and address of the owner together with a description of the vehicle will be recorded and such register shall be kept in two parts, viz. :- (a) A Register of Motor Cars and Cycles. (b) A Register of Heavy Motor Vehicles. Persons applying for copies of particulars of any car registered in the said registers shall pay eight annas for a copy with a maximum of Rs. 3 when copies of particulars of more than one car are applied for by the same person at the same time. 12. Before registering a motor vehicle Requirements before Registration. the registering authority shall be satisfied (a) that it is provided with two independent brakes or other means of stoppage in good working order and of such cfficiency that the application of cither is capable of promptly stopping the motor vehicle whether going forwards or backwards; (b) in the case of internal combustion engines, that no cut-out, fitting or other apparatus or device for allowing the exhaust gases from the engine to escape into the atmosphere without first passing through a silencer, expansion chamber or other contrivance suitable and efficient for reducing, as far as may reasonably be prac. ticable, the noise caused by thic escape of the said gases, shall be used (c) if such motor vehicle is propelled by steam, that (1) it is so constructed as to consume its own smoke as far as prac. ticable, (ii) it is fitted with an efficient " spark arrester”; (d) if such motor vehicle is propelled otherwise than by steam; that it so used that no smoke or visible vapour is emitted therefrom except from any temporary or accidental cause ; (e) that it is provided with efficient mudguards. 13. (1) Before registering a heavy motor vehicle the registering authority shall also satisfy himself that the tires of the wheels of the vehicle,, if the tires are not pneumatic, or are not made of a soft or elastic material, are of the dimensions required by the special rules for heavy motor vehicles, and may also have the weight of the heavy motor vehicle, and if he thinks necessary, the axle-weight of each wheel ascertained in such manner as he may by general or special order direct. (2) Heavy motor vehicles shall be provided with a mirror so situated that the driver can have a distinct view of traffic pproaching from behind on his right hand. 54. (1) A general number for seven motor vehicles will be issued on payment of an annual fee of Rs. 30 to any Dealers' Numbers. dealer in or manufacturer of motor vehicles. Each such number shall have seven consecutive letters of the alphabet assigned to it and every vehicle MOTOR VEHICLES ACT (BOMBAY). * 93 used under this rule shall carry such number with one of the letters in the manner prescribed in rule 9 except that they shall be in white on a red ground. Diagram of plate for general number. GEN. 385 E Seven additional letters will be assigned to the number on payment of another fee of Rs. 30. Any manufacturer or dealer who requires a further series of letters will obtain it for a similar fee if he satisfies the licensing authority that it is required for bona fide trade purposes. (2) Tht holder of a general license shall not use any vehicle on a road under that license for any purpose other than- (1) On test or trial during the course of construction or repairs or after completion in either such case ; (2) For the purpose of proceeding to or from the prescribed place of registration; (3) On trial for the benefit of a prospective purchaser and for proceeding to or returning from the place where the prospective purchaser intends to keep such vehicle. For such purpose the vehicle may be driven by the prospective purchaser if he holds a driver's license; (4) For delivery to or from the premises of a manufacturer or trader, and from such premises to the premises of a purchaser or of another nianufacturer or trader; (5) For proceeding to or returning from a workshop with the object of fitting a body to the vehicle or of painting or repairs ; (6) For proceeding from the premises of a manufacturer or trader to a Railway Station or wharf for entraining or shipment, or from a train or ship to the premises of the manufacturer or trader; (7) For proceeding to an exhibition of motor vehicles with the object of exhibiting the vehicle or for returning from such exhibition to the premises of a manufacturer or trader; (8) On trials organised by the Western India Automobile Association or Bombay Motor Cycling Club; (9) For proceeding to or returning from any place at which the vehicle is to be or has been offered for sale, Provided that if a customer, residing outside the Presidency, purchases a car in Bombay and intends to use it in Bombay it may be so used under a general number for a period not exceeding 7 days. 15. Such manufacturer or dealer shall keep a register in such forms as the registering authority may direct show- Dealers' Register. ing the name of the driver and the hours and dates on which he was in charge of the vehicle. He shall also keep a register in which the number of all registered cars in his possession shall be entered up showing the date on which such cars were received into his possession. On demand such registers shall be open to inspection by any police officer above the rank of Sub-Inspector, or by any officer of the Municipality of and above the rank of Assistant Superintendent.
94 MOTOR VEHICLES ACT (BOMBAY). 16. (1) Every transfer of ownership and every temporary transfer of possession of a motor vehicle shall forth- Transfer of Ownership. with be intimated to the registering authority botbe by the registered owner and by the transferee. Provided that no intimation shall be required for temporary transfers for a period not exceeding one month. (2) The transferee shall pay a fee of Re. I for each such transfer. The word “transferec" includes the purchaser, dealer, auctioneer receiver, agent, repairer or any person who may be in temporary charge of the vehicle for the time being. 17. If any circumstances (other than those mentioned in rules 16 and 29) occurring in relation to any motor Intimation of Change of Circumvehicle, affect the accuracy of any particulars entered as regards that car in the Register of Motor Vehicles, the owner of the motor vehicle shall forthwith inform the registering authority with whom it has been registered. 18. Where the registering authority or any District Magistrate, at any time after a motor yehicle has been regis- Subsequent Defects. tered, considers, on the report of any District Superintendent of Police or otherwise, that it has ceased to comply with the requirements of the Act or the rules made thereunder or that it has not been maintained in such a condition as to prevent danger to the public, such registering authority or District Magistrate may, after notice to the registered owner, direct that the registration be cancelled until such time as the defects are rectified to its satisfaction. Where the District Magistrate himself is not the regist authority, he shall report the fact that registration has been cancelled, to the registering authority. stances. GENERAL. curve. 19. (1) A motor vehicle shall be driven in accordance with the rules of the road which require a vchicle to keep Rule of the Road. on the left of the road except when passing horses and other vehicles going in the same direction which should be passed on the right, and provided that it should ordinarily pass a tramcar on the left or near side whether it be going in the same or the contrary direction. (2) The driver of the motor vehicle when turning into a side street, if to the left shall keep close to the corner, if to the right shall make a wide He shall further when about to turn to the right hold out his right hand horizontally to the right of the vehicle, and when about to stop raise hand vertically, palm to the front. (3) A motor vehicle entering a main road from a branch or side road should enter the main road slowly and give way to vehicles travelling on the main road. (4) When main roads have not been defined motor vehicles approaching any intersection of roads shall yield the right of way to vehicles approaching such intersection from the left. 20. (1) No motor vehicle shall be driven Speed Limits. at a greater speed than twenty miles an hour within the limits of- (a) the City of Bombay; and 1 MOTOR VEHICLES ACT (BOMBAY) 95 (6) any Municipality or Cantonment to which this proviso may be applied * by the orders of Government : Provided that at night, where the road is unlighted with street-lamps, and at all times in the neighbourhood of tramways, railway stations and crossings, cross-roads, side streets, curving roads (when the road in front cannot be seen) in dense traffic, in passing over narrow bridges or by a road entrance to private grounds or through or near any road-side village, or in the proximity of a toll-gate, the driver shall bring his vehicle under complete and immediate control : Provided also that in such places as the District Magistrate may think necessary he may indicate by means of notice boards that motor drivers shall not allow the speed to exceed six miles an hour or such higher rate as may be shown on the board : Provided also that in the fortress of Aden and in Sheikh Othman the speed of all lorries and omnibuses with a carrying capacity of over 5 passengers shall not exceed 12 miles an hour. (2) The speed at which a heavy motor vehicle is driven on any public road shall not exceed eight miles an hour : Provided that- (a) if the weight of the motor vehicle unladen exceeds three tons, or (6) if the registered axle-weight of any axle exceeds six tons, or (c) if a trailer is attached to the heavy motor vehicle, same as hereinafter provided the speed shall not exceed five miles an hour : Provided also that If the heavy motor vehicle has all its wheels fitted with pneumatic tires or with tires of a soft or elastic material, and does not draw a trailer or draws a trailer which is so constructed and by partial super-imposition attached to the heavy motor car that at all times the weight upon the rear axle of the heavy motor car shall exceed the weight upon the axle of the trailer and which trailer has not more than two wheels in contact with the ground, such wheels being fitted with pneunatic tyres or with tyres made (7) The * The provisions of sub-rule (1) of rule 20 have been applied to the following areas: (I) The Municipal District of Poona (2) The Suburban Municipal District of Poona (Vide G. N., J. D., No. 2631, dated the (3.) The Cantonment of Poona 19th April 1936. (4) The Cantonment of Kirkec (5) The Municipal District of Surat Vide G. N., J. D., No. 3855, dated the 17th June 1916. (6) The Municipal and Cantonment limits of l'ide G. N., J. D., No. 7496 dated the the Town of Karachi. 21st November 1916. City Municipal and Cantonment? Vide G. N., J. D., No. 1033, dated the limits of Ahmednagar. 16th February 1917. (8) The Municipal District of Lonavla in the Vide G.N., J.D., No. 6437, dated the 9th Poona District. October 1917. (9) The Municipal District of Panchgani in the Vide G. N., H. D., No. 3777, dated the Satara District. 20th June 1923. (10) The Municipal Districts of Nasik, Sinnar, Yeola, Malegaon and Igatpuri, the Cantonment of Deoli, and the Station Yard, Nasik Road, in the Nasik District. Vide G. N., H. D., No. 4373, dated the (11) The Municipal District of Dhulia in the 13th November 1923. West Khandesh District. (12) The Municipal Districts of Shoapur and Pandharpur in the Sholapur District. (13) The Satara Suburban Municipal area in the Satara District. (14) The Satara City Municipal area in the Satara Dstrict. Vide G. N, H, D., No. 5952 dated the 15th September 1924. Vide G. N., H. D., No. 6858, dated the 7th March 1925.
96 MOTOR VEHICLES ACT (BOMBAY). of a soft or elastic material the speed at which the heavy motor vehicle may be driven on any public road shall not exceed (a) twelve miles an hour where the registered axle-weight of any axle does not exceed six tons ; (6) eight miles an hour where such registered axle-weight exceeds six tons. 21. A motor vehicle shall not be driven in any footway, nor shall a motor vehicle be driven in any road or public place where such traffic may, for the time Probibition as to use of Motor Vehicles on Foot-paths and in certain Localities. being, be prohibited in the City of Bombay by the Commissioner of Police and elsewhere by the District Magistrate. 21A. The driver or person in charge of a motor vehicle shall at no time cause or permit, whilst the motor is in motion, any person riding a cycle to be No Motor Vehicle to tow a Bicycle. towed or drawn along by such motoe vehicle. 21B. The person driving or riding a motor cycle without a side car attached shall not cause or permit any other No Motor Cycle to carry an extra Passenger except in certain cases only person to be carried on the motor cycle except on a specially constructed pillion seat which shall be approved of by the registration authority. 21C. No motor vehicle with a left hand steering control will be registered unless it is provided on its right or off Left hand drive Motors. side with a mechanical signalling apparatus of a pattern approved of by the registration authority, which shall, when in operation, indicate to the following traffic the driver's intention of turning to the right or of his intention of stopping the vehicle: provided that in all cases of such motor vehicles as have been already registered but are not provided with such apparatus, a period of six months from the date of the introduction of this rule is permitted for the instalment of such apparatus. 22. Every person driving a motor vehicle shall have ready and available for immediate use a suitable deep-toned Motor Vehicles to carry Horns. horn or, in the case of a heavy motor vehicle, a suitable gong, capable of giving audible and sufficient warning of his approach or position and shall sound the same whenever expedient to prevent danger to any of the public. No warning device shall be used upon a motor vehicle unless it has first been approved of by the licensing authority. 23. No mechanical devices for magnifying the sound, no sirens, whistles, multiple horns or devices of a like nature Electric Devices, &c. shall be used on a notor vehicle in any road or street where such devices may from time to time be prohibited in the City of Bombay by the Commissioner of Police, and elsewhere by the District Magistrate. 24. No person shall drive a motor vehicle during the period commencing half an hour after sunset and ending half Motor Vehicles to carry Lamps. an hour before sunrise unless such vehicle is provided with lights as follows:- (7) In the case of heavy motor vehicles and of motor cars and of motor tricycles and in the case of motor cycles with side cars attached- (a) one lamp showing a white light in front shall be affixed on each side of the front portion of the vehicle. In the case of motor cycles with side cars one lamp should be fixed on the cycle and one on the front of the side-car; in Aden such lamps shall be either acetyline or electric lamps, properly hooded ; 1 MOTOR VEHICLES ACT (BOMBAY). 97 (6) one lamp showing a red light at the rear and showing a white light at the side shall be affixed at the back of the vehicle in such manner as to illuminate with the white light and render easily distinguishable the number of the vehicle. In the case of a motor cycle with a side-car, such lamp shall be attached to the motor cycle. (2) In the case of motor cycles without side-cars one lamp showing a white light in front so fixed as to illuminate and render clearly visible the numbers on both sides of the front number plate shall be attached to the front portion of the vehicle, and one lamp showing a red light at the rear and showing a white light at the side shall be attached at the back of the vehicle, in such a manner as to illuminate with the white light and render easily distinguishable the number of the vehicle. (3) In all cases : (a) the lamps shall be of suitable character and illumination ; (b) the lamps shall be kept properly alight. (4) The Commissioner of Police or the District Magistrate may by special notification in two or more local papers or in any other suitable manner prohibit within any local limits (a) the use of acetyline or electric lamps or lamps of any description giving a powerful and intensc light, or (6) the use of such lamps unless the glasses have been thickly ground or painted white. (5) No light other than a white light shall be carried in front of a motor vehicle without special permission of the licensing authority. 25. Every lamp carried by a motor vehicle when in use on a road or street at any time during the period Use of Lamps. mentioned in rule 24 shall be so constructed, fitted and attached as to prevent its light being moved about or used as a search-light. 26. No person shall drive motor vehicle- (a) unless it is at all times under full control so as to prevent undue interference with passenger or other traffic, and unless it is main. tained in such a condition as to prevent danger to the public; (6) if such motor vehicle is propelled by steam, unless- (i) it is so constructed as to consume its own smoke as far as practicable, (ii) it is fitted with efficient "spark arresters" ; (c) if such motor vehicle propelled otherwise than by steam; unless it is so used that no smoke or visible vapour is emitted therefrom except from any temporary or accidental cause ; (d) unless it is provided with efficient mudguards. 27. No motor vehicle shall be allowed to stand in any street or public place unattended by a person licensed under section 6 of the Act, unless all reasonable precautions have been taken Standing in Streets, &c. to ensure that it cannot be putin motion in the absence of the driver or, if such motor vehicle is propelled by steam, unless its fires have been extinguished and it has ceased to contain in itself sufficient power to move. No driver sball leave such vehicle while the engine is in action. Every motor vehicle standing in a public place shall carry at night a lighted rear lamp as prescribed in these rules, provided that if it stands in a place where it is clearly visible the use of a lighted rear lamp will not be necessary a Maintenance, 98 MOTOR VEHICLES ACT (BOMBAY). 27A. No person shall, when intoxicated, drive a motor vehicle in a public place. 28. The driver of a motor vehicle shall not cause the vehicle to travel backwards for a greater distance or time Travelling backwards. than pay be requisite for purposes of safety or in order to turn round, and such movement shall not take place until such driver has ascertained that the road behind is clear of all traffic. 28A. The driver of a motor vehicle shall immediately report to the nearest police station any accident in- Report of accidents. volving injury to a human being. In cases where more motor vehicles than one are concerned, it shall be incumbent on the driver of each motor vehicle to make the report required under this rule. 29. (1) Intimation of any change of address shall be given by the owner of every motor vehicle to the registering Change of Address. authority and in the case of an owner leaving his own province, to the registering authority of the province which the owner proposes visiting. Such intimation shall also be given by every holder of a license who drives a motor vehicle to the authority cmpowered to grant licenses. (2) For the purpose of this rule, the address of such owner or holder shall be deemed to be changed when such person ordinarily resides elsewhere than at the address entered in the license or certificate of registration. 30. Every owner of a motor vehicle shall, at the request of the regis. tering authority or the authority em- Owners and Drivers. powered to grant licenses or any officer empowered in this behalf by any such authority communicate to such authority any information required by him in connection with the motor vehicle which he in the course of his duty may desire to obtain with regard to (a) Accidents, (6) Transfer of ownership. (c) Material alteration in appearance. (d) Driving licenses. 31. No person shall ply or let for hire a motor vehicle unless it is first registered in accordance with rule 6 of these rules and unless it complies with the Plying or letting for Hire. special regulations made for the regulation of vehicles let or plying for hire. 31A. No person holding a temporary permit under rule 2 (2) shall drive a motor car or motor lorry unless there is Temporary Permits. beside him in such car or lorry a person duly licensed under rule 2 (1): Provided that such holder of a temporary permit shall not drive a motor vehicle on a ghat road included in Schedule G even when a person duly licensed under rule 2 (1) is beside him. 32. No motor competition, reliability trial, display or exhibition, in which more than five motor vehicles take part, Motor Competition or Reliability shall be permitted on any public road Trials. without the previous sanction of Government. 33. No person shall drive or have charge of or cause or permit to be used any motor vehicle which does not in all Responsibility for Conforming to respects conform to these rules, or which Rules, is driven or used so as to contravene any of these rules.
MOTOR VEHICLES ACT (BOMBAY). .99 NOTICE BOARDS AND DANGER SIGNALS. 34. (1) Notices displayed on notice boards on roads for the purposes of section 12 of the Act or for the purposes of any of these rules shall be written in white letters on a red ground. Such notices shall contain such wording, in letters not less than three inches high, as to indicate that the notice is a caution addressed to drivers of motor vehicles. Speed limits shall be indicated in such notices by figures not less than three inches high. All such notice boards shall be placed so as to be on the left side of the road for a driver approaching the place to which they refer. (2) (a) Danger signals shall display clearly in white on a red circle enclosed within a white ring painted on a red plate of the shape of an equi. lateral triangle with sides 20" long the following conventional signs (omitted). (b) In every case a plate not less than 17 inches long by 5 inches in depth, bearing in white letters on a red ground the word " Caution shall be affixed at a distance of 3 inches below the plate bearing the conventional sign. (c) Such signals shall be posted as nearly as may be at a distance of 75 yards from the obstructions which they are meant to point out. In cases where this is impracticable there shall be affixed immediately below the caution plate a plate showing in white letters 3 inches high on a red ground the distance in yards between the signal and the obstruction, SPECIAL RULES FOR HEAVY MOTOR VEHICLES. 35. On every application to a registering Registration of Weights. authority for the registration of a heavy motor vehicle the applicant shall declare- (a) the weight of the heavy motor vehicle unladen, (6) the axle-weight of this axle, (c) the diameter of each wheel. 36. Upon receiving from the registering authority a copy of the entries made in the register relating to a heavy Registered Weight to be printed on motor vehicle or trailer, the owner of the motor vehicle shall cause (a) the highest rate of speed at which in conformity with the rules the heavy motor vehicle may be driven without a trailer. (b) the registered weight of the heavy motor vehicle or trailer unladen, and (c) the registered axle-weight of each axle. to be printed or otherwise plainly marked in letters not less than one inch it height, and in such a manner as to be legible at a reasonable distance, in the case of (b) and (c) upon some conspicuous part of the right or off side of every heavy motor vehicle or trailer and in the case of (a) on the left or near side. This rule shall not apply to trailers not exceeding one ton in weight unladen. 37. (i) The axle-weight of an axle of a Arle-Weight. heavy motor vehicle shall not exceed the registered axle-weight. (ii) The registered maximum axle-weight of any axle of a heavy motor vehicle shall not exceed eight tons and the axle-weight of any trailer not conforming to the requirements laid down in the second proviso to rule 20 (2) shall not exceed four tons. (iii) The sum of the registered axle-weights of all the axles of a heavy motor vehicle shall not exceed twelve tons save in the case of a heavy motor vehicle with a trailer conforming to the requirements laid down in the second promiso to rule 20 (2) when the sum of such registered axle-weights shall not exceed 10 tons. tbe Vehicle.
100 MOTOR VEHICLES ACT (BOMBAY). or 38. The tires of each wheel of a heavy motor vehicle or trailer, unless the tires are pneumatic or made of a soft Tires. elastic material, shall be smooth and shall, where the tire touches the surface of the road or other base whereon the heavy motor vehicle moves or rests, be flat, provided that the edges of the tire may be bevelled or rounded to the extent in the case of each edge of not more than half an inch : Provided also that If the tire is constructed of separate plates, the plates may be separated by parallel spaces which shall be disposed throughout the outer surface of the tire, so that nowhere shall the aggregate extent of the space or spaces in the course of a straight line drawn hori. zontally across the circumference of the wheel exceed one-eighth part of the width of the tire. 39. The width of the tire of each wheel of a heavy motor vehicle or trailer shall be determined by such of the follow- Width of Tire. ing conditions as may apply to the circumstances of the case ; that is to say- (a) The width shall in every case be not less than 5 inches, or in the case of a trailer, 3 inches. (6) The width shall be not less than that number of half inches which is equal to the number of units of registered axle-weight of the axle to which the wheel is attached. 40. The unit of registered axle-weight shall vary according to the diameter of the wheel, and the rules set forth Unit of registered Axle-weight. in the subjoined scale; that is to say- (i) if the wheel is 3 feet in diameter, the unit of registered axle-weight shall be 73 cwts ; (ii) if the wheel exceeds 3 feet in diameter, the unit of registered axle weight shall be 7} cwts, with an addition of weight in the proportion of one hundred-weight for every 12 inches by which the diamcter is increased beyond 3 feet; and in the same proportion for any increase which is greater or less than 12 inches; and (iii) if the wheel is less than 3 feet in diameter, the unit of registered axle-weight shall be 7} cwts., with a deduction of weight in the proportion of one hundredweight for every 6 inches by which the diameter is reduced below 3 feet; and in the same proportion for any reduction which is greater or less than 6 inches. (2) This rule shall not apply to any tire which is pneumatic or which is made of a soft or elastic material, or to trailers not exceeding one ton in weight unladen. 41. The diameter of a wheel of a heavy motor vehicle or trailer, if the wheel is fitted with a tire which is not Size of Wheels. pneumatic or is not made of a soft or elastic material shall be not less than two feet. 42. A heavy motor vehicle, and any trailer attached to any such heavy motor vehicle may, when measured bet- Width and Length of Vehicle. ween its extreme projecting points, be of a width not exceeding 7 feet 6 inches and no heavy motor vehicle or trailer attached to it shall be used on any street or road if such motor vehicle exceeds 36 feet in length. 43. Every heavy motor vehicle and the trailer shall be constructed with suitable and sufficient springs between Springs. each axle and the frame of the vehicle. 44. No heavy motor vehicle used on any street or road shall have attached to it more than one trailer except when allowed by the licensing authority in accordance with rule 53.
MOTOR VEHICLES ACT (BOMBAY). IOI sengers. 45. A trailer shall not be attached to a heavy motor vehicle which is used as a public conveyance except under Vehicles for the Conveyance of Pas. a permit granted by an officer authorized by Government in this behalf. 46. (1) No owner of a heavy motor vehicle shall cause or suffer such vehicle to be driven, and the person driving. Probibition of the Use of Heavy or in charge of such vehicle shall not drive Motor Vehicle without Order permitting it, upon any road without having obtained the Vehicle to be driven on the parti- permission to do so. Applications for the cular Road or Roads in question. said permission shall be made to the Commissioner of Police or to the District Magistrate according as the vehicle is for use in or outside the City of Bombay and shall specify the road or roads along which the vehicle is to be driven. The application shall be accompanied by a plan showing the axle-weight and dimensions of the vehicle. If the application is refused, an appeal shall lie to the Governor in Council whose decision shall be final. (2) The permission granted under the above sub-rulo may be revoked by the authority granting it, either temporarily or permanently, if such authority sees any rcason to apprehend danger to life or property by its continuance. An appeal from such an order of revocation shall lie to the Governor in Council whose decision shall be final. 47. () Where a bridge forming part of a highway is insufficient to carry a heavy motor vehicle of a particular Use of Motor Vehicles on Bridges. weight, the registering authority or District Magistrate may, by notification in the Bombay Government Gazette, give notice that this rule is extended to such bridge, and thereupon the registering authority in Bombay, the City of Karachi or Aden, or, elsewhere, the District Magistrate or the Executive Engineer or a local board or Municipality or Railway Administration shall affix or set up in suitable and conspicuous positions, on each approach to the bridge, notices which, as regards all their contents or subject matter, shall be clearly and distinctly legible and visible by persons approaching the bridge, and which state that the bridge is insufficient to carry a heavy motor vehicle, the registered axle-weight of which exceeds that specified in the said notice board. (ii) The owner of any such heavy motor vehicle shall not cause or suffer the motor vehicle to be driven, and the person driving or in charge of the motor vehicle shall not drive the motor vehicle, upon any bridge to which this rule extends. 48. The owner of a heavy motor vehicle shall not cause or suffer the motor vehicle to be driven, and the person driving or in charge of a heavy motor vehicle shall not drive the motor vehicle, upon a bridge forming part of a highway at any time when another heavy motor vehicle or a locomotive is on the bridge, if the combined weights of the vehicles would exceed the carrying capacity of the bridge. 49. When a heavy motor vehicle is used on any road or street, two persons shall be employed in driving or attending to such vehicle. 50. The cylinder taps of a heavy motor vehicle propelled by steam shall not be opened within sight of any person riding, driving, leading or in charge of any horse upon the road or street, nor shall the steam be allowed to attain a pressure so as to exceed the limit fixed by the safety valve, so that no steam shall blow off when the vehicle is upon the road or street. 51. Every applicant for registration of a heavy motor vehicle shall make a declaration in the form of Schedule F and append it to his application for registration.
IO2 MOTOR VEHICLES ACT (BOMBAY). SPECIAL RULES FOR TRACTION ENGINES. 52. Traction engines may be registered at the discretion of the registering officer who should on application being Registration. made to him consult, in the first instance, the local authorities of the place in which t is proposed to run, such traction engine. 53. (1) A traction engine and any trailer attached to any such traction engine may when measured between its Size. extreme projecting points be of a width not exceeding 8 feet 6 inches and no traction engine made up of a locomotive with one or more trailers attached to it shall be used on any street or road if such vehicle and trailers exceed 75 feet in length. (2) The weight of a traction engine shall not exceed 14 tons. 54. Each trailer attached to a traction Brakes on Trailers. engine shall have a brake approved by the registering authority. 55. No traction engine used on any Maximum Limit of 3 Trailers. road or street shall have attached to it more than three trailers. 50. Every traction engine must have three persons in attendance, two persons to attend to the traction engine Persons in Attendance. and one person to be on the watch and ready to help any person with horses and carriages meeting or overtaking the traction engine and to attend to the trailers. 57. The man in charge of the trailers should always be on the alert when nearing and passing through a town or Position of Man in charge of Trailers. village or when approaching a turning even though in the country. 58. When travelling on a road less than Mao preceding Engine. 12 feet wide one man must precede the engine at a distance reasonably sufficient to warn approaching traffic. 59. A traction engine drawing any wagon or carriage shall have the tires of the driving wheels thereof not less than Tires. two inches in width for every ton in weight of the traction engine unless the diameter of such wheels shall exceed 5 feet, when the width of the tires may be reduced in the same proportion as the diameter of the wheels is increased, but in such case the width of such tires shall not be less than 14 inches. 60. The driving wheels of a traction engine shall be cylindrical and smoothsoled, or shod with diagonal cross-bars of Driving Wheels. not less than three inches nor more than three quarters of an inch in thickness extending the full breadth of the tire and the space intervening between such cross-bar shall not exceed 3 inches. GHAT ROADS AND HILL STATIONS, 61. The following rules shall be in force on the ghat roads specified in Schedule G which will be revised from time to time as Government may pres. Gbat Roads. cribe. On all such roads motorists shall proceed with special caution. Definitions. 62. In the following rules- MOTOR VEHICLES ACT (BOMBAY). 103 60 22 A" Night means the period from half an hour after sunset to half an hour before sunrise. The "outside" of the road on a ghat means the side from which the slope of the hill is downwards. ghat" or " ghat road " means a road constructed on a gradient on the side of a mountain or hill. The District Magistrate shall notify by means of large notice boards on the roadside where each ghat begins and ends. 63. Nc, motor vehicle shall travel by night on any of the ghat roads. specified in Schedule G, provided that this Night Travel rule shall not be deemed to apply to any motor vehicle in respect of which the District Magistrate shall grant a certificate that it is or has been travelling in a case of emergency : and no heavy motor vehicle shall travel by night on the Main Pass between Tawahi and the Crater at Aden, except with the special permission of the Political Resident at Aden. Exception 1.-The Mahableshwar Motor Service Company, Limited, shall be allowed to run every night one motor vehicle from Mahableshwar to Wathar and another from Wather to Mahableshwar for the purpose of carrying the mails. Such motor vehicles shall be provided with two powerful head lights and shall not travel by night at a rate exceeding twelve miles an hour, Exception 1A.-Any contractor authorised in this behalf by the Postmaster-General, Bombay, may run by night such number of motor vehicles carrying mails as may be specified in his contract over the Katraj, Kambatki, and Pasarni Ghats on the Poona to Mahableshwar Road (Nos. 13, 34 and 35 in Schedule G to these rules) under the conditions specified in exception 1. Exception 2.--Should a motor vehicle break down on any road on which night travelling is prohibited, the driver, if unable to accomplish his journey before nightfall, may proceed after executing the necessary repairs but shall balt at the first Police Station he comes to after dark and there give his name and the number of his car and a statement of the reasons why he is travelling at that hour, and shall drive with great caution. Exception 3.----Any contractor authorised by the Postmaster General, Bombay, may run by night such number of motor vehicles carrying mails as may be specifie l in his contract over the Arbail Ghat on the Karwar- Bellary Road (No. 42 in Schedule G, to the said Rules) on condition that such motor vehicles shall be provided with two powerful headlights and shall not travel by night at a rate exceeding twelve miles an hour. Exception 4.-Motor Vehicles of the Royal Tank Corps School, Ahmednagar, may, for the purpose of training the personnel, be driven at night on the Karanji and Dongargan Ghat Roads (Nos. 72 and 73 in Schedule G to these Rules), wit] such precautions as may be necessary for the safety of other traffic. 64. Motor vehicles shall, where practicable, pass all animals or vehicles drawn by animals on the outside, in which- Passing. ever direction such animals may be proceeding Exception.-On ghat roads between Poona and Wai and Wai and Mahableshwar motor vehicles shall observe the rules laid down in rule 19 (I). 65. The driver of a motor vehicle shall Passing Animals. in passing animals, allow as much space as the width of the road permits. 66. No motor vehicle shall be driven on the Kelghar Ghat between Mahableshwar and Satara unless the District Kelgbar Ghat. Magistrate shall notify that the said ghat is available for motorists. 67. (1) No person shall drive a motor vehicle within the limits of Mathera a • Matheran, or on the ghat road leading from the main road to Matheran.
104 MOTOR VEHICLES ACT (BOMBAY). (2) No motor vehicle shall be driven at a greater speed than 12 miles an hour within the limits of the Maha- Mahables bwar. bleshwar Municipal District or on the Old Mahableshwar Road between the Mahableshwar Municipal limits and Arthur's Seat. (3) No person shall drive a motor vehicle within the limits of the Mahableshwar Municipal District or on the Old Mahableshwar Road between the Mahableshwar Municipal limits and Arthur's Seat, except in accordance with the written permission of the Superintendent, who may subject to the general control of Government grant or refuse such permission at his discretion, and may in granting it prescribe such general or special conditions as he think fit : Provided that on first arrival for, or final departure after, a bona fide visit to Mahableshwar for the purpose of residence, any person may, without such permission, drive, or be conveyed in, a motor vehicle which is not a vehicle let for hire to or from his residence. (4) Motor vehicles let for hire shall not proceed beyond such place as the Superintendent may notify as the depot for such motor vehicles at Mahableshwar. (5) The Superintendent shall notify by means of notice boards on the roadside such roads as are closed against all motor traffic and no motor vehicles shall proceed along any road so closed. 68. No motor vehicle shall be driven at a greater speed than fifteen miles an hour going down hill or twenty Spoed Limits on Ghat Roads. miles an hour up hill on any of the ghat roads specified in Schedule G. Provided always that a driver shall so drive his car as to be able to bring it under complete and immediate control : Provided that no motor vehicle shall be driven at a greater speed than 10 miles an hour between the points noted below at the top and bottom of the Pasarni and Khambatki Ghats :- Miles and furlongs from Surul. Place. 14-3 to 14--I Top of Pasarni Ghat. 8-to 8-15 Bottom of Pasarni Ghat. Miles and furlongs from Poona. 44—4 to 44-6 Top of Khambatki Ghat. 40--23 to 40-43 Bottom of Khambatki Ghat. 69. The substance of rules 62 to 68, so far as they affect each road concerned, shall be displayed on notice boards in a convenient position on such road. Notice. FORMS. 70. Every application for a license under section 6 of the Act shall contain the particulars specified in Schedule Application for License. A and, in the case of a professional driver or a driver of a motor vehicle let or plying for hire, shall be accompanied by two photographs of the applicant for the use of the licensing authorities. 71. Every license granted under section 6 of the Act shall be in the form of Schedule B and shall be available for License. the whole of India, and in the case of a license granted to a professional driver or to a driver of a motor vehicle let or plying for hire, shall in addition bear a photograph of such driver. 72. Every application for registration under section 10 of the Act shall contain the particulars specified in Schedule Application for Registration. C.
MOTOR VEHICLES ACT (BOMBAY). 105 73. Every registration certificate granted under section 10 of the Act shall be in the form of Schedule D and Registration Certificate. shall be available for the whole of British India. 74. Every transfer certificate granted Transfer Certificate. under rule 16 shall be in the form of Schedule E. SCHEDULE A. (See rule 70.) Particulars to be given by Applicant for License to drive. 1. Full name of applicant. 2. Postal address of residence of applicant. 3. Whether applicant is over eighteen years of age. 4. Particulars of any license which applicant holds, or which he has previously held. 5. Particulars of any endorsement on any license which applicant holds or which he has previously held. 6. Whether applicant has at any time been disqualified for obtaining a license. If so, particulars as to the Court or Government by wbom, the date on which and the period or which the disqualification was imposed. 7. Whether applicant is a professional driver or drives or intends to drive a motor vehicle let or plying for hire. Date Signature of 192 • SCHEDULE B. (See rule 71.) FORM OF DRIVING LICENSE. Available for the whole of British India. No. Fee Rs. 10 only. License to drive motor vehicles throughout British India is granted under section 6 of the Indian Motor Vehicles Act, 1914, to Mr. residing at Bombay Karachi (otber place) Commissioner of Police. Superintendent of Police, Karachi Head Quarters. District Magistrate. Date of Expiry of licensein each year. Date of renewal. Date of expiry. Commissioner's Supdt. of Police, Karachi Head Quarters' Signature. District Magistrate's 192 192 192 106 MOTOR VEHICLES ACT (BOMBAY). SCHEDULE C. (See rules 6 and 72.) Application for Regletration. I. Full name of owner. 2. Postal address of usual residence of owner. 3. Description of Motor vehicle.* 4. Maker's name or name by which the motor vehicle is ordinarily known' 5. Model of motor vehicle.* 6. Year of manufacture. 7. Number of chassis. 8. Number on engine. 9. Number of cylinders. 10. Horse power. II. Whether intended for- (a) private use, (6) use for trade purposes, (c) use as a public conveyance. Additional for heavy Motor Vehicles. 12. Weight upladen. front. 13. Axle-weight rear. 14. Diameter of wheels. 15. Width and material of tyres. 16. Certificate as required by rule 10 of the Bombay Motor Vehicles Rules, 1915. Dated 192 Signature of applicant. SCHEDULE D. (See rules 6 and 73.) Fees Rs. 4 Motor cycle. 16 Motor vehicle weighing two tons or under. 32 Motor vehicle weighing more than two tons. Registration Certificate. Valid for the year ending the 31st August. (Available for the whole of British India.) No. Certified that the Motor Vehicle described hereunder has been examined and found fit for use. It has been registered in the name of Mr. residing at and has been assigned Number of 192 . 6.8., motor cars, motor cycles, steam lorry, &c.
MOTOR VEHICLES ACT (BOMBAY). 107 This number must always remain attached to the vehicle and must not be transferred to another vehicle. The person disposing of the vehicle as well as the person who takes it over is bound by rule 16 to report the fact to the undersigned. Description of vehicle : 1. Kind of motor vehicle.* 2. Maker's name or name by which the motor vehicle is ordinarily known. 3. Model of motor vehicle. 4. Year of manufacture. 5. Number of chassis. 6. Number on engine. 7. Number of cylinders. 8. Horse power. 9. Whether intended for- (a) private use, (o) use for trade purposes, (c) used as a public conveyance. Additional for heavy Motor Vehicles. 10. Weight unladen. front. 11. Axel weight reas. 12. Diameter of wheels. 13. Width and material of tyres. Date -192 Commissioner of Police, Bombay. Superintendent of Police, Karachi Head Quarters. District Magistrate, Aden. SCHEDULE DD. (See Rule 7A and 7B.) Form of License Cards and specification of holder therefor. SCHEDULE E. (See rule 74.) Transfer Certificate. vehicle Certified that motor -No. standing in the name of Mr. cycle -has been transferred to the name of Mr.- -residing at Date -192 Commissioner of Police, Bombay. Superintendent of Police, Karachi Head Quarters. District Magistrate, Aden, **.8., motor cars, motor cycles, stoam lorry, &c.
108
MOTOR VEHICLES ACT (BOMBAY).
SCHEDULE F.
(See rule 35.)
APPLICATION FOR REGISTRATION OF A HEAVY MOTOR VEHICLE.
Declaration.
I hereby declare that the following particulars in relation to the motor
vehicle or trailer to which my application relates are true to the best of my
knowledge and belief :-
(1) Weight of my heavy motor vehicle or trailer unladen.
(2) Axle-weights.
(3) Diameter of each wheel.
SCHEDULE G. (See rule 61.) Ghat Roads. Serial No. District. Taluka or Peta, Name of road. Nameof ghat. I Thana Shahapur. Shahapur and Wada Mahad 3 Kolaba 4 Thana Vada 3 Ono Panch Mabals Dudhia--Baria State 9 Kolaba Alibag Dohad Panch Mahals Іо Abmedabad II I 2 13 MOTOR VEHICLES ACT (BOMBAY). Bhor. Poona Poona and Kolaba Poona Nasik and Thapa Nasik Nasik West Khandesh Mahi Kantha Agency Modasa Mahal Haveli Mawal and Khalapur, respectively Purandhur Igatpuri and Vada Chandor and Malegaon Igatpuri Dhulia Shirpur 15 16 17 18 19 20 21 22 23 24 25 Kurla-Vihigaon Road Thalghat. Vihigaon-Kaodala Road Gargai. Mahapral-Shirwal Road portion fron 12 to 16 Waranda. miles and 3 furlongs. Hatkhamba-Poladpur Road--portion from Kasbedi. miles 18 to 95. Road from Khodala to Mokhada Khodala, Vada-Shirghat Road Suryamal. Sbirghat. Limkñeda Jhalo' Road-provincial portion, Fulpari. miles 34 and 35. Alibag-Dharamtar Road-portion from miles Sagaon. 5 and 6. God bra-Dohad Road--mile No. 41. No special name the nearest village is Rahadulo Dhansura-Talod Road-miles 7 and 8 Nawalpura-Timba. Modasa-Bi bi pura Road-mile No. 6 Alampur Hill. Poona to Mahableshwar | Katraj. Bombay-Poona Road Hadapsar-Saswad Road Div3. Bombay-Agra Road near Igatpuri Kasara, Manmad-Malegaon Road Ghat 8 miles from Manmal. Ghoti-Kolhar Road Ghat between Va ali and Bari. Bombay-Agra Road Talia Baril. Laling. Babiram. Pimpal. Gavalan. Poona-Nasik Road Peth. Awa ri. Mahodari. Chalisgaon-Outramghat Road Outramghat. Dimbha-Bhimashankar Road Pokhari. Khandesh Nizam Frontier Road between Bhowra. Devla and Chandor. Nasik-Balsar Road near Ambegaon Savalghat. Peint Kotam be. Nasik-Vaghera Goldari Road near Vaghera Satighat. Dhulia-Chinchpada Road Kondaibari. 33 13 Poona Khed 19 ) Nasik East Khandesh Poona Nasik Sipnar Chalisgaon Kbed Kalvan and Chandor Peint and Nasik Peint Peint and Nasik Nawapur 17 30 31 32 33 West Khandesh . 109 SCHEDULE G.-(Continued), IIO Serial No. District. Taluka or Peta. Name of road. Namo of ghat. Satara 34 35 Khandala Wai »7 .. .. Belgaum Ratnagiri and Satara Sawantwadi State Ratnagiri 36 37 38 39 40 41 42 43 44 45 46 47 Kanara . Satara Satara and Koiaba Belgaum Satara Belgaum Kanara Chikodi Chiplun and Patan Sangameshwar Ratnagiri Yellapur Sirsi Javli Javli and Mahad Sampgaon Patan Satara Chikodi Honavar and Siddapur karwas Karad Khanapur Satara 49 so 51 52 53 54 55 56 57 58 58 MOTOR VEHICLES ACT (BOMBAY). 93 Miraj State Satara Ratnagiri Poona to Mahableshwar Kambatki. Poona to Mahableshwar and Wathar to Maha. Pasarni. bleshwar. Wathar to Mahableshwar Shirgaon. Poona-Bangalore Road Tavandi. Karad-Chiplun Road Kumbarli. Belgaum-Vengurla Road Amboli. Ratnagiri-Kolhapur Road Amba. Hatkhamba. Karwar-Bellary Road' Arbali. Kumta-Hubli Road Devimani. Satara-Mabableshwar Road Kelghar. Dharamtar-Mahableshwar Road Fitzgerald-Ambenali. Belgaum-Kaladgi Road Kardiguddi. Malharpes h-Fandharpur Road Ural. Satara Shendra Eoad Tunnel. Nipani-Mahalingpur Road Chikodi. Honawar Bangalore Road Gersappa, Belgaum-Kadra Road Anshi. Karad-Bijapur Road Surli. Revani. Rayewadi. Old Poona Road Salpa. Hatkbamba-Poladpur Road Nivli. Khondmala. Khondmala. Pedha. Sakharpa-Sangameshwar Road Sakharpa. Karambala, Nipani-Deogad Road Phonda. Satara-Pandharpur Road Wardhangad, Mahimangad. Dhuldeo. Satara-Tasgaon Road Nhavi. Malharpetb-Pandharpur Road Shamgaon. Taras. Jhara. Pusesavli-Shingnapur Road Dombaldare. Shiognapur-Nateputa Road Bhavani. Gokak-Road Railway Station to Gokak Gokak Ghat. Nagar-Shaugaon Road, portion from miles Karanji Ghat. 14/51 to 17/1. Shendi-Wambori Road-Portion from mlles Dongargaon Gbat. II to 12. Khandala Ratnagiri Chiplus 11 31 13 > Sangamesliwar Deogad 23 Satara Katav Map > 59 60 61 62 63 64 65 66 -7 68 69 70 71 72 Koregaon Khanapur Katav >) Aundh State Satara Sholapur Belgaum Ahmednagar Man Malsiras Gokak Nagar 73 7 MOTOR VEHICLES ACT (BOMBAY). III SCHEDULE H. (See rules 2 and 6.) 1. Mysore. 33. Jambughoda. 2. Benares." 34. Rajpipla. 3. Dharampur. 35. Baria. 4. Sachin. 36. Feudatory State of Gangpur in 5. Sawantwadi. Orissa. 6. Aundh. 37. State of Rampur. 7. Sangli. 38. State of Benares. 8. Bansda. 39. Ramdurg. 9. Akalkot. 40. Bhor ; subject to the following IO. Phaltan. arrangements, namely :- 11. Bharatpur. (a) if a motor vehicle plying for 12. Baroda. hire takes up passengers in 13. Miraj (Senior). Bhor territory and sets them 14. Kurundvad (Senior). down in a British District 15. Jamkhandi. or vice versa, it must be 16. Mudhol. licensed to ply for hire both 17. Kconjhar. by the State authorities and 18. Mayurvhanj. by the District Superinten- 19. Patna, dent of Police of the British 20. Talcher, District in which it cither 21. Kalahandi. sets down or takes up pas. 22. Travancore. sengers. 23. Cochin. (6) a motor vehicle licensed to 24. Pudukkottai. ply for hire in the Bhor State which merely passes through 26. Nilgiri. British territory and neither 27. Hyderabad. sets down nor takes up pas- 28. Kasl;mir. sengers, therein will not 29. Kurundwad (Junior). require a British license and 30. Kolhapur. vice versa. 31. Gwalior. 41. Feudatory States of Dhenkanal 32. Feudatory State of Bamra in in Orissa. Orissa. 25. Baud.
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SUBJECT INDEX. А 'Accident 2, 3 Accident, master's liability for, 15 Act, Rash and negligent Act I of 1907, Madras 13 Act Il of 1904, Bombay Afganistan, Motor Vehicles brought into B.I., from 17 Age limit of drivers 2 Amendments 20 Arrest without warrant 6 Autrefois acquit, ples of 18 D Damages, suit for Defeative illumination 14 Definition of M. V. 2 Definition of "Prescrib. ed" 2 Definition of public place 2 Demand of driving license 8 ... ... ... 10, 17, Demand, upon, meaning of .. Deviating from line of trafilic 9 ... 19 .. ... 7 5 8 6 B Deviation from Rule of the Road Bengal M. V. Rules 13 Best way of stopping Disqualification for obreckless driving taining license Bombay Act II of 1904 Drivers, licensing of Bombay M. V. Rules 13 Driving, negligent and dangerous Burma M. V. Rules 14 Driving license, demand C of Calcutta M. V. Rules 11, 12 Driving on road closed Cancellation of license 5 to traffic Cancellation and Driving on pension of license side of the road Certificate, time limit Driving, & person learn. in, motor 13 ing Driving, prohibition of ... Certificate of registration 9 Driving, rash and negli- Cognisence of offences 19 gent Collision case 6 Driving, reckless Conviction, endorsement Driving reckless, best of, in license 5 way to stop Criminal negligence 3 Driving, reckless, punish- Criminal rashness 3 ment for SUBthe wrong 6, 19 9 .. 7 ... .. 2 8 ... 4 ...
2 E car, Endorsement of conviction on license ... Extension of M. Act Extent of validity license to drive F of Failure to fix number plates Fees for license Fine must not be cessive ex- H ... Liability of master for non-lighting of Punjab 13 5 Liability of user of car for failure to fix num- 1 ber plates 14 License, cancellation of 8 License, cancellation and suspension of 6. 19 License, disqualification 19 14 for obtaining 7 License to drive, extent of validity of 8 5 License, driving, demand of 8 13 License, endorsement of conviction 5 License not on person of chauffeur 8 18 License, nonproduction 14 of 8 License, production of ... 7 3 License, suspension of 20 18 License, transfer of 7 Licensing of drivers 7 vers 7 Limit of of drivers age 2 14 Limit of time in Certificate, ultra vires 13 ILOCål Government, 12 power to make rules 9 15 Local Government, rules framed by 10 Local and Special Laws 4 12 M Horns, blowing of І Illegal, subsequent prosecution on facts Illumination, defective Indian Penal Code, S.279 Indian Penal Code, S.338 same J of, "Justice of the peace, remarks of L Lamp affixed on each side, meaning of Liability of master for accident Liability of master for acts of servants Liability of master for non lighting of Burma Liability of master for non-lighting of Madras car, 14 ... Madras M. V. Rules 12, 13 Master's liability for accident 15 Master's liability nonlighting of car 13, 14 ... ... car, for 12 3 ... .. ... ... ... ... Master's liability for Negligence, Criminal lorry being driven at Negligence in driving 8 excessive speed 11 Negligent driving of car 5 Master, and servant, in Nonlighting of car 12, 13, 14 fringement of rule 18 Nonproduction of license 8 Meaning of “upon de Notices, posting of 15 mand!! 7 Number plates, failure Military Motor Vehicles 16 to fix 14 Motor car, defective illu- O mination of 14 Motor car, nonlighting of 12 Offences, cognisance of 19 Motor lorry driven at P. excessive speed 11 Penalties 17 Motor Vehicle, defini- Plea of autrefois acquit 18 tion of 2 Posting of notices 16 Motor Vehicles Interna- *Prescribed,' definition of 2 tional Circulation Production of license 7 Rules 17 Prohibition of driving Motor Vehicles (Native Motor Vehicles 2 States Rules 17 Prosecution of car stand. Motor Vehicle left un. ing in private premises 8 attended 10 Provincial Rules, Certi- Motor Vehicles, prohibificate of Registry 9 tion of driving 2 Provincial Rules, regis- Motor Vehicles, Registration of license 8 tration of g Provincial rules, Rule of Motor Vehicles tempothe Road 2 rarily leaving or visit Public place, definition ing British India 16 of Punjab Motor Vehicles Motor Vehicles tempo- Rules 13 rarily brought into Punishment for reckless İndia from Afganistan 17 driving 8 Motor Vehicles Act, Punishment, too severe 5 commencement of 1 R Motor Vehicles Act, extension of 1 Rash and negligent drive ing 3.6 Municipalities outside Rashness, criminal 3 Calcutta, Tax on Motor Reckless driving Vehicles, 13 Reckless driving, best N way to stop 6, 20 Native States Motor Reckless driving, punish- Vehiclee Rules 8, 17 ment for 8 ... ... .. ...
4 Registration, Certificate ... ... ... for" Registration of Motor Vehicles 9 Repeals of enactments 20 Road closed to traffic, driving on 6 Road, wrong side of, driving on 3 Road, Rule of, deviation from Rule, infringement of 18 Rule 19, Bengal M. V. Rules 13 Rule 6, Sch. D. of Bombay M. V. Rules 13 Rule 26(3) Burma M. V. Rules 14 Rule 3, Calcutta M. V. Rules 11 Rule 16, Calcutta M. V. Rules 11 Rule 9, Madras M. V. Rules 13 Rules 16(a) Madras M. V. Rules 12 Rule 18 Madras M. V. 13 Rules 10, 17, Punjab M. V. Rules 13 Rule 15 Cl.(1) U.P. Motor Vehicles Rules 12 Rule of the Road Rules, power to make, Governor General in Council 16 Rules, vagueness of 15 S Severe punishment Stopping vehicles regulating traffic 2. Suit for damages Suspension of license , 19 T Tax on Motor Vehicles 13 Traffic, line of, line of deviation from Traffic, regulating 2 Traffic, road clased to, driving on Transfer of license 7 ... + .. U Motor Vehicles U. P. Rules 12 ... V 15 Vogueness of rules Validity of license
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