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The Motor Vehicles Ordinance, 1983

( Ordinance NO. LV OF 1983 )

Chapter V

CONTROL OF TRANSPORT VEHICLES

Necessity for permits
51. (1) No owner of transport vehicle shall use or permit the use of the vehicle in any public place, save in accordance with the conditions of a permit granted or countersigned by a Transport Committee authorising the use of the vehicle in that place in the manner in which the vehicle is being used:
 
 
 
 
Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage:
 
 
 
 
Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods vehicle either when carrying passengers or not:
 
 
 
 
Provided further that a public carrier's permit shall, subject to any conditions that may be specified in the permit authorise the holder to use the vehicle for the carriage of goods for or in connection with a trade or business carried on by him.
 
 
 
 
(2) In determining, for the purpose of this Chapter whether a transport vehicle is or is not used for the carriage of goods for hire or reward, -
 
 
 
 
(a) the delivery or collection by or on behalf of the owner of goods sold, used or let on hire or hire purchase in the course of any trade or business carried on by him other than the trade or business of providing transport,
 
 
 
 
(b) the delivery or collection by or on behalf of the owner of goods which have been or are to be subjected to a process or treatment in the course of a trade or business carried on by him, or
 
 
 
 
(c) the carriage of goods in a transport vehicle by a manufacturer of or agent or dealer in such goods whilst the vehicle is being used for demonstration purposes,
 
 
 
 
shall not be deemed to constitute a carrying of the goods for hire or reward; but the carriage in a transport vehicle of goods
 
 
by a person not being a dealer in such goods who has acquired temporary ownership of the goods for the purposes of transporting them to another place and their relinquishing ownership shall be deemed to constitute a carrying of the goods for hire or reward.
 
 
 
 
(3) Sub section (1) shall not apply-
 
 
 
 
(a) to any transport vehicle owned by or on behalf of the Government other than the vehicles used for Government purposes connected with any commercial enterprises;
 
 
 
 
(b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes;
 
 
 
 
(c) to any transport vehicle used solely for police, fire brigade or ambulance purposes;
 
 
 
 
(d) to any transport vehicle used solely for the conveyance of corpses;
 
 
 
 
(e) to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety;
 
 
 
 
(f) to any transport vehicle used for any other public purpose prescribed in this behalf ;
 
 
 
 
(g) to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such conditions as the 1[Authority] may, by notification in the official Gazette, specify in this behalf ;
 
 
 
 
(h) to any transport vehicle owned by, and used solely for the purposes of, any educational institution which is recognised by the Government or whose managing committee is a society registered under the Societies Registration Act, 1860 (XXI of 1860);
 
 
 
 
(i) to any goods vehicle which is a light motor vehicle and does not ply for hire or reward, or not used for any
 
 
commercial purposes or to any two wheeled trailer with a registered laden weight not exceeding 2,240 pounds avoirdupois drawn by a motor car;
 
 
 
 
(j) to any transport vehicle which has been temporarily registered under section 36, while proceeding empty to any place for the purpose of registration of the vehicle under section 34;
 
 
 
 
(k) to any transport vehicle which, owing to any natural calamity, is required to be diverted through any other route, whether within or outside a region with a view to enabling it to reach its destination; or
 
 
 
 
(l) to any transport vehicle used for such purposes other than plying for hire or reward or used for any commercial purposes as the 2[Authority] may, by notification in the official Gazette, specify.
 
 
 
 
(4) Subject to the provisions of sub section (3), sub section (1) shall, if the 3[Authority by regulations] made under section 81 so prescribed, apply to any motor vehicle adopted to carry more than eight persons excluding the driver.

  • 1
    The word “Authority” was substituted for the word “Government” by section 20 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)
  • 2
    The word “Authority” was substituted for the word “Government” by section 20 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)
  • 3
    The words “Authority by regulations” were substituted for the words “Government by rules” by section 20 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)
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