The Provincial Motor Vehicle Ordinance, 1965.

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Department: Transport Department
Main Category: Ordinance
Specific Category Name: Motor Vehicles
Year 1965
Promulgation Date: 08-06-1965
Details:

THE PROVINCIAL MOTOR VEHICLES ORDINANCE, 1965

 

(WEST PAKISTAN ORDINANCE No. XIX OF 1965.)
                                                                                         

                                                                              [8th June, 1965.] 

 

PREAMBLE                              CONTENTS

 

CHAPTER-I 
PRELIMINARY

 

SECTIONS

1.         Short title and extent.

2.         Definitions.

CHAPTER-II

LICENSING OF DRIVERS OF MOTOR VEHICLES

3.         Prohibition on driving without license.

4.         Age limit in connection with driving of motor vehicles.

5.         Owners of motor vehicles not to permit contravention of section 3 or section 4.

6.         Restriction on use of license by person other than holder.

7.         Grant of license.

8.         Form and contents of license.

9.         Additions to licenses.

10.     Extent of validity of licenses.

 [1][11.  Currency of licenses.]

12.     Renewal of licenses.

13.     Cancellation of license on grounds of disease or disability.

14.     Order refusing licenses and appeals therefrom.

15.     License to drive motor vehicles, the property of the Federal Government.

16.     Power of licensing authority to disqualify for holding a license.

17.     Power of Regional Transport Authority to disqualify.

18.     Power of Court to order disqualification.

19.     Effect of disqualification order.

20.     Endorsement.

21.     Transfer of endorsement and issue of license free from endorsement.

22.     Power to make rules.

CHAPTER-III

REGISTRATION OF MOTOR VEHICLES

23.     Motor vehicles not to be driven without registration.

[2][23-A. Penalty in default of registration.]

24.     Registration where to be made.

[3][25.   Registration how to be made.]

26.     Temporary Registration.

27.     Production of vehicle at the time of registration.

28.     Refusal of registration.

29.     Effectiveness in West Pakistan of registration.

30.     Assignment of fresh registration mark on removal to another province.

31.     Change of residence or place of business.

32.     Transfer of ownership.

[4][32-A  Cancellation of certificate of registration of vehicles registered in a tribal              

          Areas of Balochistan in certain cases.]

33.     Alteration in motor vehicle.

34.     Suspension of registration.

35.     Cancellation of registration.

36.     Appeals.

37.     Special requirement for registration of transport vehicles.

38.     Special particulars to be recorded on registration of transport vehicles.

39.     Certificate of fitness of transport vehicles.

40.     Registration of vehicles, the property of the Federal Government.

41.     Special Registration of vehicles.

42.     Application of Chapter-III to trailers.

43.     Power to make rules.

CHAPTER-IV

CONTROL OF TRANSPORT VEHICLES.

44.     Transport vehicles not to be used or driven without permit.

[5][44-A. Permission to drive transport vehicle registered in other Provinces.]

45.     Power of Government to control Road Transport.

46.     Transport authorities.

47.     General provisions as to applications for permits.

[6][48. Application for stage carriage permits.]

49.     Procedure for grant of applications for stage carriage permits.

50.     Conditions for grant of stage carriage permits.

51.     Applications for contract carriage permit.

52.     Procedure of Regional Transport Authority in considering application for contract carriage permit.

53.     Power to restrict the number of contract carriage and impose conditions on contract carriage permits.

54.     Application for private carrier’s permit.

55.     Procedure of Regional Transport Authority in considering application for a Private carrier’s permit.

56.     Application for public carrier’s permit.

57.     Procedure of Regional Transport Authority in considering application for public carrier’s permit.

58.     Power to restrict the number of and attach conditions to public carrier’s permit.

59.     Procedure in applying for and granting permits.

60.     Duration and renewal of permits.

61.     General conditions attaching to all permits.

62.     Cancellation and suspension of permit.

63.     Transfer of permit on death of holder.

64.     Special permits.

65.     Validation of permits for use outside regions in which granted.

66.     Appeals.

67.     Compensation for death of, or injury to a passenger. 

[7][67-A.  Claims Tribunal. 

67-B.   Applications for compensation.

67-C.  Award of Compensation. 

67-D.   Procedure and powers of Claims Tribunal.

67-E.   Appeal.

67-F.   Recovery of amount of compensation. 

67-G.   Bar of jurisdiction.]

68.     Power to make rules as to stage carriages and contract carriages-

69.     Power to make rules for the purpose of this Chapter.

CHAPTER-V

[8][KHYBER PAKHTUNKHWA] ROAD TRANSPORT BOARD.

70.     Road Transport Board.

71.     Transport Authorities to have no jurisdiction in respect of motor transport operated by the Board.

72.     Powers of the Road Transport Board to acquire property for motor transport operated by it.

CHAPTER-VI

CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF 
MOTOR VEHICLES.

73.     General provisions regarding construction and maintenance.

74.     Power to make rule.

 

CHAPTER-VII

CONTROL OF TRAFFIC

75.     Limits of speed.

76.     Limit of weight and limitation on use.

77.     Power to have vehicle weighed.

78.     Power to restrict the use of vehicles.

79.     Power to erect traffic signs.

80.     Parking places and halting stations.

81.     Main Roads.

82.     Duty to obey traffic signs.

83.     Signals and signaling devices.

84.     Vehicles with left hand control.

85.     Leaving vehicle in dangerous position.

86.     Riding on running boards.

87.     Obstruction of driver.

88.     Stationary vehicles.

89.     Pillion riding.

[9][89-A.  Rider to wear helmet.]

90.     Duty to produce license and certificate of registration.

91.     Railway crossing.

92.     Duty of driver to stop in certain cases.

93.     Duty of owner of motor vehicles to give information.

94.     Duty of driver in case of accident and injury to a person, Animal or damage to property.

95.     Inspection of vehicle involved in accident.

96.     Power to make rules.

CHAPTER-V1II

OFFENCES, PENALTIES AND PROCEDURE

97.     Offences relating to licenses.

98.     Driving at excessive speed.

99.     Driving recklessly or dangerously.

100.    Driving while under the influence of drink or drugs.

101.    Driving when mentally or physically unfit to drive.

102.    Punishment for abetment of certain offences.

103.    Racing and trials of speed.

104.    Using vehicle in unsafe condition.

105.    Sale of vehicle in or alteration of vehicle to a condition contravening this Ordinance.

106.    Using vehicle without permit.

107.    Driving vehicle exceeding permissible weight.

108.    Penalty for failing to stop in case of accident or failure to furnish information, etc.

109.    Taking vehicle without authority.

110.    Unauthorized interference with vehicle.

111.    Disobedience of orders, obstruction and refusal of information.

  [10][111-A.  Penalty for conventration of rules relating to appliances.]

112.    General provision for punishment of offences not otherwise provided for.

113.    Power of arrest without warrant.

114.    Power of Police officer to seize documents.

115.    Power to detain vehicle used without certificate of registration or permit.

116.    Summary disposal of cases.

[11][116-A. Fine on spot.]

[12][116-B Execution of contract of driving license fee or penalty payment services.]

117.    Restriction on conviction.

118.    Jurisdiction of Court.

 

 

CHAPTER-IX

MISCELLANEOUS

119.    Publication of and commencement of rules.

120.    Appointment of motor vehicles officers.

121.    General Provisions regarding appeals to prescribed appellate authorities.

122.     Repeals and savings.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SCHEDULE

 

1.

First Schedule            

………....

Forms.

 

2.

Second Schedule        

…………

Disqualification for driving license.

 

3.

Third Schedule                 

…………

Test of competence to drive.

 

4.

Fourth Schedule     

…………

Authorities entitled to grant license.

 

5.

Fifth Schedule                  

…………

Endorsement on licenses.

 

[13][6.

Sixth Schedule

…………

Registration marks.]

 

[14][7.

Omitted

…………

Registration marks for vehicles registered under section 41.]

 

8.

Eighth Schedule

…………

Limits of speed for Motor vehicles.

 

9.

Ninth Schedule

…………

Traffic signs.

 

10.

Tenth Schedule

…………

Driving regulations.

 

11.

Eleventh Schedule

…………

Signals.

 

[15][12.

Twelfth Schedule

…………

 

 

 

Part-1

…………

Moving violations

 

 

Part-2

…………

Parking violations.]

 

13.

Thirteenth Schedule

…………

Scale of compensation.

 

14.

Fourteenth Schedule

……........

Enactments Repealed.

 

 

[16][15.

Fifteenth Schedule].

…………

 

 

 

 

 

THE [17][PROVINCIAL] MOTOR VEHICLES ORDINANCE, 1965

 

(WEST PAKISTAN ORDINANCE No. XIX OF 1965.)

                                                                              [8th June, 1965.] 

AN 
ORDINANCE 


to amend and consolidate the law relating to Motor Vehicles in the Province of West Pakistan.

 

            WHEREAS, it is expedient to amend and consolidate the law-relating to motor vehicles in the Province of West Pakistan;

Preamble.

           

            AND WHEREAS, the Provincial Assembly of West Pakistan is not in session and the Governor of West Pakistan is satisfied that circumstances exist which render immediate legislation necessary; 

           

            NOW, THEREFORE, in exercise of the powers conferred on him by clause (1) of Article 79 of the Constitution, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance: 

 

CHAPTER-I

 

PRELIMINARY

 

1.         (1) This Ordinance may be called the [18][Provincial] Motor Vehicle Ordinance, 1965.

Short title

and extent.

           

            (2)  It extends to the Whole of the [19][Pakistan]

 

2.         In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say—

Definitions.

 

(1)      “ambulance” means a vehicle designed for the carriage of sick, wounded or invalid persons or animals;

 

[20][(1-A) “authorized electronic payment outlet” means an outlet equipped               with point of sale terminal and as authorized under this ordinance             for Traffic Ticketing Management system and Driving Licenses       Fee  Collection Transactions system by the licensing authority.

Explanation:— The “Traffic Ticketing Management System or Driving Licenses Fee Collection Transactions System” means an online electronic payment platform for driving license and traffic ticket (Challan) fee or the fine collection system duly approved and authorized under this Ordinance.]

(2)      “axle weight” means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface where on the vehicle rests; 

 

(3)      [21][Board]” means the [22][Khyber Pakhtunkhwa] Road Transport Board established under section 70;

 

(4)      “certificate of registration” means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter-III;

 

(5)      “contract carriage” means a motor vehicle which carries a passenger or passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum and from one point to another without stopping to pick up or set down along the line of route passengers not included in the contract; and includes a motor cab notwithstanding that the passengers may pay separate fares;

 

(6)      “delivery van” means any goods vehicle the registered laden weight of which does not exceed 5,000 pounds avoirdupois ;

 

(7)      “driver” includes, where a separate person acts as steersman of a motor vehicle, that person as well as any other person engaged in the driving of the vehicle;

 

(8)      “emergency vehicle” means a motor vehicle used solely for police, fire-brigade or ambulance purposes or to relieve distress;

 

(9)      “fares” includes sums payable for a season ticket or in respect of the hire of a contract carriage.

(10)  “goods” include live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle;

 

(11)  “goods vehicle” means any motor vehicle constructed or adapted for use for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods, solely or in addition to passengers.

 

(12)  “Government” means the [23][Provincial Government.]

 

(13)  “heavy transport vehicle” means a transport vehicle the registered axle weight of which exceeds 10,600 pounds avoirdupois, or the registered laden weight of which exceed 14,500 pounds avoirdupois;

 

(14)  “intersection” shall include the area bounded by the side lines, real or projected, of two or more public highways which meet or cross each others;

 

(15)  “invalid carriage” means a motor vehicle the unladen weight of which does not exceed five hundred weights, specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person:

 

(16)  “license” means the document issued by competent authority authorizing the person, specified therein to drive a motor vehicle or a motor vehicle of any specified class or description;

 

(17)  “licensing authority” means an authority empowered to grant licenses under this ordinance;

 

(18)  “light transport vehicle” means any public service vehicle other than a motor cab, or any goods vehicle other than a heavy transport vehicle or a delivery van;

 

(19)  “locomotive” means a motor vehicle which is itself not constructed to carry any load (other than equipment used for the purpose of propulsion), the unladen weight of which exceeds, 16,000 pounds avoirdupois, but does not include a road-roller;

 

(20)  “motor cab” means any motor vehicle constructed, adapted or used to carry not more than ten passengers excluding the driver, for hire or reward;

 

(21)  “motor car” means any motor vehicle other than a transport vehicle, locomotive, road roller, tractor, motor cycle or invalid carriage;

 

(22)  “motor cycle” means a motor vehicle, other than an invalid carriage, with less than four wheels, the unladen weight of which, inclusive of any side-car attached to the vehicle does not exceed 900 pounds avoirdupois;

 

(23)  “motor vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the powers of propulsion in transmitted thereto from an external or internal source, and includes a chassis to which a body has not been attached, [24][a tractor] and a trailer, but does not include a vehicle running, upon fixed rails or used solely upon the premises of the owner;

 

(24)  “Owner” means the person in whose name the motor vehicle is registered and includes—

 

(a)      a transferee of the motor vehicle from such persons:

 

(b)      in relation to motor vehicle which is the subject of a hire-purchase agreement, the person in possession of the vehicle under that agreement :and

 

(c)       where the person in whose name the motor vehicle is registered or the person in possession of the motor vehicle under a hire-purchase agreement is—

 

(i)        a minor, the guardian of such minor: 

 

(ii)      a company registered under the companies Act, 1913, the directors of such company; 

 

(iii)    a society registered under the Societies Registration Act, 1860, or under any law relating to co-operative societies, the principal officer of such society by whatever designation known: 

 

(iv)     a firm, all the partners of such a firm; and 

(v)       any other association of persons, all the members of such association: 

            Provided that where such company, firm, society or other association of persons has given notice to the registering authority that has nominated a director, partner, office-bearer, member or officer, as the case may be, of the company, firm, society or association to be the owner of the vehicle for the purposes of this Ordinance, the person so nominated shall alone be deemed to be the owner for the purpose of this Ordinance; 

(25)  “permit” means the document issued by the Provincial Transport Authority or a Regional Transport Authority, authorizing the use of a transport vehicle as a contract carriage or stage carriage, or authorizing the owner as a private carrier or public carrier to use such vehicle;

 

(26)  “prescribed” means prescribed by rules made under this Ordinance; 

 

(27)  “private carrier” means an owner of a transport vehicle other than a public carrier who uses that vehicle solely for the carriage of goods which are his property or the carriage of which is necessary for the purposes of his business, not being a business of providing transport, or who uses the vehicle for any of the purposes specified in sub-section (2) of section 44”—; 

 

      [25][27-A. “Province” means the [26][Province of Khyber Pakhtunkhwa.]” 

 

(28)  “public carrier” means an owner of a transport vehicle who transports or undertakes to transport goods, or any class of goods, for another person at any time and in any public place, for hire or reward, whether in pursuance of the terms of a contract or agreement or otherwise, and includes any person, body, association or company engaged in the business of carrying the goods of persons associated with that person, body, association or company for the purposes of having their goods transported;

 

(29)  “public highway” shall include any highway, road, street, avenue, alley, public place, public driveway or any other public way;

 

(30)  “public place” means, a road, street way or other place, whether a thoroughfare or not to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage;

(31)  “public service vehicle” means any motor vehicle used or adapted, to be used for the carriage of passengers for hire or reward, and includes a motor cab, contract carriage and stage carriage;

 

(32)  “registered axle weight” means in respect of any vehicle the axle weight certified and registered by the registered authority as permissible for that vehicle;

 

(33)  “registered laden weight” means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle;

 

(34)  “registering authority” means an authority empowered to register motor vehicles under Chapter III.

 

(35)  “school bus” means any motor vehicle used exclusively for the carriage of students of any educational institution recognized by Government or the managing committee of which is a society registered under the Societies Registration Act, 1860;

 

(36)  “semi-trailer means any vehicle which is so designed that when operated, the forward end of its body or chassis rests upon the body or chassis of the towing motor vehicle —;

           

    [27][(36-a) “Single axle weight” means a load of an axle of a goods vehicle    transmitted by several wheels attached to that axle to the surface whereon, the wheels rest.]—; and

 

(37)  “stage carriage” means a motor vehicle carrying or adapted to carry more than six persons excluding the driver which carries passengers for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey;

 

(38)  “street (roadway)” means that part of the public highway which is intended for vehicular traffic;

 

[28][(38-a)  “tandem axle weight” means load of a twin-axle (two axles centre -to-centre spaces between 40 to 48 inches) of a goods vehicle transmitted by the several wheels attached to that twin-axle assembly to the surface whereon the wheels rest.]

 

(39)  “tractor” means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion) the unladen weight of which does not exceed 16, 000 pounds avoirdupois; but does not include a road-roller;

 

(40)  “traffic signs” includes all signals, warning sign posts, direction posts, or other devices for the information, guidance or direction of drivers of motor vehicles;

 

(41)  “trailer” means any vehicle other than a side-car drawn or intended to be drawn by a motor vehicle;

 

(42)  “transport vehicle” means a public service vehicle, a goods vehicle, a locomotive or a tractor [29][………]

 

[30][(42-a) “tridem axle weight” means the load of a tri-axle (three axles, the outer two axles centre-to-centre spaced between 80 to 96 inches) of a goods vehicle transmitted by the several wheels to tri-axle assembly to the surface whereon the wheels rest; and

 

 (42-b) “tyre pressure” means inflation pressure of tyres of goods vehicles]

 

(43)  “unladen weight” means the weight of a vehicle or trailer including all equipment ordinarily used within the vehicle or trailer when working, but excluding the weight of the driver or attendant; and where alternative parts or bodies are used, the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body;

 

(44)  “weight” means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests.

 

CHAPTER-II 
LICENSING OF DRIVERS OF MOTOR VEHICLES

 

3.         [31][l] No person shall drive a motor vehicle in any public place unless he holds an effective license authorizing him to drive the vehicle; and no person shall so drive a motor vehicle as paid employee or shall so drive a public service vehicle unless his license specifically entitles him so to do:

Prohibition

on driving

without

 license.

           

            Provided that a person receiving instructions in driving a motor vehicle may, subject to such conditions as may be prescribed by Government in this behalf, drive a motor vehicle in any public place. 

           

            [32][(2) No person shall drive a Motor Vehicle in any public place unless he has in his possession his own copy of the most recent version of the Pakistan Highway Code published by the Federal Government.]

 

4.         (1) No person shall drive in any public place—

 

(i)        a motor cycle or an invalid carriage, unless he has attained the age of eighteen years; 

Age limit

in connection

with driving

of motor

vehicles.

 

(ii)      a motor car, otherwise than as a paid employee, unless he has attained the age of eighteen years; 

 

(iii)    a motor car as a paid employee or a transport vehicle, unless he has attained the age of twenty-one years; 

 

(iv)     a heavy transport vehicle, unless he has attained the age of twenty-two years.

           

            2. (a) No person about the age of fifty years shall drive a transport vehicle in any public place unless the license entitling him so to do bears an effective endorsement by the licensing authority that such person has furnished a certificate in Form B as set forth in the First Schedule signed by a registered medical practitioner.

           

            (b) The licensing authority shall not make on any license any such endorsement as is referred to in clause (a) unless it appears from the medical certificate furnished by the holder of the license that he is not suffering from any disease or disability specified in the Second Schedule or any other disease or disability which is likely to cause the driving by him of transport vehicle to be a source of danger to the public or to the passengers. 

           

            (c) An endorsement made under the provisions of clause (a) shall be effective for a period of twelve months from the date thereof, but the said period may from time to time, be, extended by the licensing authority by a further period of twelve months at any one time on the production by the holder of the license of a fresh medical certificate as required under clause (a) and on being satisfied there from that the holder of the license is not suffering from any disease or disability referred to in clause (b)

           

            (3) No person shall drive a motor vehicle in a public place with his eyes wholly or partly covered with any cloth or other opaque substance, or in such manner as to interfere in any manner with his vision.

 

 

5.         No owner or person incharge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle.

Owners of

 motor vehicles

 not to permit contravention

of section 3 or section 4.

6.         No holder of a license shall permit to be used by any other person.

Restriction on

use of license

by person other

than holder.

 

7.         (1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a license, may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business or, if the application is for a license to drive as a paid employee, in which the employer resides or carries on business for the issue to him of a license.

Grant of

license.

           

(2) Every application under sub section (1) shall be in Form A as set forth in the First Schedule, shall be signed by, or bear the thumb impression of the applicant in two places, and shall contain the information required by the form.

 

(3) When the application is for a license to drive as a paid employee or to drive a transport vehicle, or where in any other case the licensing authority for reasons to be stated in writing so requires, the application shall be accompanied by a medical certificate in Form B as set forth in the First Schedule signed by a registered medical practitioner.

 

            (4) Every application for a license to drive [33][a motor vehicle] shall be accompanied by three copies of a recent photograph of the applicant attested by a Magistrate or [34][an officer of Government not inferior in rank to an officer in Grade-17 of the National Pay scale.]

           

            (5) If, from the application or from the medical-certificate referred to in sub-section (3) it appears that the applicant is suffering from any disease or disability specified in the Second Schedule or any other disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorized by the license applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the license:

 

Provided that— 

 

(a)      a license limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage; 

 

(b)      the applicant may, except where he suffers from a disease or disability specified in the Second Schedule, claim to be subjected to a test of his fitness or ability to drive a motor vehicle of a particular construction or design, and if he passes such test to the satisfaction of the licensing authority and is not otherwise disqualified, the licensing authority shall grant him a license to drive such motor vehicle as the licensing authority may specify in the license. 

 

(6) No license shall be issued to any applicant unless he passes to the satisfaction of the licensing authority the test of competence specified in the Third Schedule: 

 

Provided that where the applicant is for a license to drive a motor vehicle (not being a transport vehicle) otherwise than as a paid employee, the licensing authority may exempt the applicant from the test specified in the Third Schedule, if— 

 

(a)      the applicant possesses a driving certificate issued by an automobile association recognized in this behalf by Government, or.

 

(b)      the licensing authority is satisfied that the applicant has previously held a license (or similar document) valid outside the Province and has had not less than twelve months recent experience of driving a motor vehicle of the class to which the application refers: 

 

Provided further that where the applicant, being a serving member of the armed forces of Pakistan, is in possession of a valid army driving license and has been actually driving one or more classes of motor vehicles for not less than three years immediately before the date of application, the licensing authority shall subject to the prescribed conditions, exempt him from the test specified in the Third Schedule and issue to him a driving license for the class or classes of motor vehicles he has been so driving. 

 

            (7) The test of competence to drive shall be carried out in a vehicle of the class to which the application refers, and for the purposes of part I of the test—

 

(a)      a person who passes the test in driving a heavy transport vehicle shall be deemed also to have passed the test in driving any motor vehicle other than a motor cycle or a road roller;

 

(b)      a person who passes the test in driving a light transport vehicle shall be deemed also to have passed the test in driving a motor car or a motor cab or a delivery van.

           

            (8) No license shall be issued to any applicant to drive a heavy transport vehicle unless he has held for a period of not less than three years immediately preceding the making of the application an effective license to drive a motor vehicle other than a motor cycle, an invalid carriage or a road-roller.

 

            (9) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness and of his competence to drive and has paid to the authority the prescribed fee, the licensing authority shall grant the applicant a license unless the applicant is disqualified under Section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a license:

           

            Provided that a licensing authority may issue a license to drive a motor cycle or a motor car notwithstanding that it is not the appropriate licensing authority; if the licensing authority is satisfied that there is good reason for the applicant's inability to apply to appropriate licensing authority.

 

            [35][(10) No license shall be issued to any applicant unless he has in his possession his own copy of the most recent version of the Pakistan Highway Code published by the Federal Government.]

 

8.         (1) Every license, except a license issued under section 15, shall be in Form C as set forth in the First Schedule and shall have affixed thereto one of the signatures or thumb-impression given on the application for the license and [36][. . . . . .] one of the photographs referred to in sub section (4) of section 7.

Form and

contents

of license.

           

            (2) A license shall specify whether the holder is entitled to drive as a paid employee and whether he is entitled to drive a public service vehicle and shall further be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely :-

 

(a)      motor cycle;

 

(b)      motor car;

 

(c)       motor cab;

 

(d)      delivery van;

 

(e)       light transport vehicle; 

 

(f)        heavy transport vehicle; 

 

(g)      locomotive; 

 

(h)      tractor; 

 

(i)        road-roller; 

 

(j)        invalid carriage; 

 

(k)       any other motor vehicle of a specified description.

 

9.         (1) Any person holding a license issued under this Ordinance who is not for the time being disqualified for holding or obtaining a license may apply in Form D as set forth in the First Schedule to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business or, if the application relates to a license to drive as a paid employee, in which the employer resides or carries on business, for the addition of any class of motor vehicles to the license as is specified in section 8.

Additions

to licenses.

 

            (2) The provisions of section 7 shall apply to an application under this section as if the application were for the grant of a license under that section to drive the class of motor vehicle which the applicant desires to be added to his license:

 

            Provided that the provisions of sub-sections (3) and (4) of that section shall not apply where the applicant is the holder of a license to drive as a paid employee or to drive a transport vehicle. 

 

            (3) No fee other than a fee for the test of competence to drive shall be charged for an addition to a license under this section.

 

10.       (1) Subject to any rules made by Government, a license issued under the foregoing section shall be effective throughout the Province.

Extent of

validity

of license.

           

            (2) Subject to any rules made by Government, a license to drive a motor vehicle issued by a competent authority in any part of Pakistan not included in the Province shall be valid throughout the Province as if it were a license issued under this Ordinance and it shall be lawful for the holder of such a license to drive and be employed in driving in the Province a motor vehicle of any class or description which he is authorized by such license to driver:

 

            Provided that the holder of such a license is not disqualified under any of the provisions of this Ordinance for holding or obtaining a license in the Province.

 

[37][11.   A license issued under the foregoing sections shall, subject to the provisions contained in this Ordinance, as to the cancellation of licenses and the disqualification of holders of licenses for holding or obtaining licenses, be effective without renewal for a period up to five years, three years or one year, as may opened by the applicant:

 

            Provided that no license shall be renewed, unless the holder thereof has in his possession of his own copy of the most recent version of the Pakistan Highways Code published by the Federal Government.]

Currency

of licenses.

12.       (1) Any licensing authority may on an application made to it renew a license issued under the provisions of this Ordinance.

           

            [38][ : ]

Renewal

of licenses.

           

            [39][Provided that no license shall be renewed unless the holder thereof has in his possession his own copy of the most recent version of the Pakistan Highway Code published by the Federal Government]. 

           

            (2) A license to drive as a paid employee shall not be renewed so as to be effective for any period after the expiry of five years from the date of the medical certificate furnished by the license holder under section 7 unless he furnishes a fresh medical certificate in Form B as set forth in the First Schedule and signed by a registered medical practitioner in which case the period of five years shall be computed from the date of the last of such certificates. 

           

            (3) An application for the renewal of license shall be in Form E as set forth in the First Schedule and shall contain the declaration required by the form; provided that if the applicant does not or is unable to subscribe to the said declaration, the provisions of sub-section (5) of section 7 shall apply. 

           

            (4) The fee payable for the renewal of a license shall be as prescribed, and enhanced fee may be prescribed where the application for renewal is made more than thirty days from the date of expiry of the license: 

           

            Provided that if the application for renewal is made more than three years after the expiry of the license, the licensing authority may refuse to renew the license unless the applicant undergoes and passes to its satisfaction the test of competence specified in the Third Schedule.

 

            (5) When the authority renewing the license is not the authority which issued the license, it shall intimate the fact of renewal to the authority which issued the license.

 

13.       (1) Notwithstanding anything contained in section 11, or section 12, any licensing authority may at any time cancel a license or may require the holder thereof, as a condition of continuing to hold such license, to furnish a fresh medical certificate in Form B as set forth in the First Schedule and signed by a registered medical practitioner, if the licensing authority has reasonable grounds to believe that the holder of the license is, by virtue of any disease or disability, unfit to drive a motor vehicle.

Cancellation

of license on grounds of

disease or disability.

           

            (2) When the authority canceling the license is not the authority which issued the license it shall intimate the fact of cancellation to the authority which issued the license.

 

14.       (1) Where the licensing authority refuses to issue or cancels or refuses to renew any license, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving reasons in writing for such refusal or cancellation.

Order

refusing

licenses

and appeal

there from.

 

            (2) Upon the issue of any such order the person affected if he is the holder of a license, shall forthwith surrender his license to the licensing authority making the order if the license has not already been surrendered, and the licensing authority shall, if no appeal is preferred against its order as provided in sub-section (3), or where any such appeal has been preferred and been dismissed, destroy the license or cause it to be destroyed. 

           

            (3) Any person aggrieved by an order referred to in sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority, who shall decide the appeal after giving the authority against whose order the appeal has been preferred an opportunity of being heard, and that authority shall be bound by the decision of the appellate authority.

 

15.       (1) The authority specified in Part A of the Fourth Schedule may grant licenses, valid throughout the Province, to persons, who has completed their eighteenth year to drive motor vehicles which are the property or for the time being under the exclusive control of the [40][Federal] Government.

           

            (2) A license issued under this section shall specify the class or classes of vehicles which the holder is entitled to drive and the period for which he is so entitled.

License to

drive motor vehicles the property of

the [41][Federal] Government.

           

            (3) A license issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle which is the property or for the time being under the exclusive control of the [42][Federal Government]

           

            (4) The authority issuing any license under this section shall at the request of Government furnish such information respecting any person to whom a license is issued as Government may at any time require.

 

16.       (1) If a licensing authority is satisfied after giving him an opportunity of being heard that any person—

 

(a)      is a habitual criminal or a habitual drunkard, or 

 

(b)      is using or has used a motor vehicle in the commission of a cognizable offence, or

 

(c)       has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public, it may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period for holding or obtaining a license.

Power of

 licensing authority to

disqualify

for holding

all license.

           

            [43][(1-A) If a licensing authority is satisfied, after giving him an opportunity of being heard, that in respect of any person an order under sub-section (2) of this section, or a declaration under sub-section(1) of section 18, has been made on more than one occasion, it may, for reasons to be recorded in writing, make an order cancelling the license granted to that person and disqualifying him for holding or obtaining a license for such period as it may deem fit].

 

            (2) Upon the issue of any such order the person affected, if he is the holder of a license, shall forthwith surrender his license to the licensing authority making the order, if the license has not already been surrendered, and the licensing authority shall keep it until the disqualification has expired or has been removed.

 

            (3) Any person aggrieved by an order made by a licensing authority under this section may, within thirty days of the service on him of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may make such inquiry into the matter as it thinks fit. An order made by any such appellate authority shall be final.

 

17.       (1) A Regional Transport Authority constituted under Chapter IV may, for reasons to be recorded in writing and subject to any prescribed conditions, declare any person disqualified for a specified period , for holding or obtaining a license to drive a transport vehicle in the province.

Power of

Regional Transport

Authority to disqualify.

           

            (2) A Regional Transport Authority making a declaration under sub-section (1) shall, if the person so disqualified is the holder of license, furnish a copy of the declaration to the licensing authority by whom the license was granted, and if the person so disqualified is not the holder of a license, to the licensing authority within whose jurisdiction he ordinarily resides.

 

            (3) upon the making of a declaration under sub-section (1), the person affected, if he is the holder of a license shall forthwith surrender his license to the licensing authority by whom the license was granted, and the licensing authority shall keep it until the disqualification has expired or has been removed.

 

            (4) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the receipt of intimation of such order, appeal against the order to the prescribed authority.

 

18.       (1) Where a person is convicted of an offence under this Ordinance, or of an offence in the commission of which a motor vehicle was used, the Court by which such person is convicted may subject to the provisions of this section, in addition to imposing any other punishment authorized by law, declare the person so convicted to be disqualified for such period as the Court may specify for holding any license or for holding a license to drive a particular class or description of vehicles: 

Power of  

Court

to order

disquali-

fication.

 

            Provided that the Court shall not order the disqualification of an offender convicted for the first or second time of an offence punishable under section 98.

 

            (2) The Court shall order the disqualification of an offender convicted of an offence punishable under section 99 or section 100 and such disqualification shall be for a period of not less than six months.

 

            (3) The Court shall order the disqualification of an offender convicted of an offence against the provisions of clause (c) of sub-section(1) of section 92 or of section 94 and such disqualification shall for a period of not less than one months.

 

            (4) The Court shall, unless for special reasons to be recorded in writing, if thinks fit to order otherwise, order the disqualification of an offender—

(a)      who having been convicted of an offence punishable under section 101 is again convicted of an offence punishable under that section,

 

(b)      who is convicted of an offence punishable under section 103,

 

(c)       who is convicted of an offence punishable under section 106:

            Provided that the period of disqualification shall not exceed, in the cases referred to in clauses (a) and (b), two years, and, in the case referred to in clause (c), one year. 

 

            (5) A Court ordering the disqualification of an offender convicted of an offence punishable under section 101 may also direct that the offender shall, whether he has previously passed the test of competency to drive, specified in the Third Schedule or not, remain disqualified until he has subsequent to the making of the order of disqualification passed that test to the satisfaction of the licensing authority. 

 

            (6) The Court to which an appeal lies from any conviction of an offence of the nature specified in sub-section (I) may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from any Court may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made.

 

19.       (1) A person in respect of whom any disqualification order is made under this Chapter shall be debarred to the extent and for the period specified in such order from holding or obtaining a license and the license, if any, held by such persons at the date of the order shall cease to be effective during such period.

Effect of

Disquali-

fication

order.

 

            (2) The operation of a disqualification order made under section 18 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate Court so directs. 

 

            (3) Any person in respect of whom any disqualification order has been made may, at any time after the expiry of six months from the date of the order, apply to the Court or other authority by which the order was made, to remove the disqualification; and the Court or authority, as the case may be, may having regard to all the circumstances of the case, remove or vary the order of disqualification: 

 

            Provided that where an application has been made under this section a second application thereunder shall not entertained before the expiry of a further period of three months.

 

20.       (1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the license, if any, held by the person disqualified, particulars of the order of disqualification and of any conviction for an offence in respect of which an order of disqualification is made; and particulars of any removal or variation of an order of disqualification made under sub-section (3) of section 19 shall be similarly so endorsed.

Endorsement.

           

            (2) Any person accused of an offence specified in the Fifth Schedule or any other offence involving the driving of a motor vehicle shall, when attending the Court trying him for such offence bring with him his license if it is in his possession.

           

            (3) The Court by which any person is convicted of an offence specified in the Fifth Schedule or any other offence involving the driving of a motor vehicle shall, whether or not an order of disqualification is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction any license held by the persons convicted.

 

21.       (1) An endorsement on any license shall be transferred to any new or duplicate license obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a license issued to him free from endorsement.

 

            (2) Where a license is required to be endorsed and the license is at the time not in the possession of the Court or authority by which the endorsement is to be made, then—

Transfer of endorsement

and issue of license free

from

endorsement.

 

(a)      if the person in respect of whom the endorsement is to be made is at the time the holder of a license, he shall produce the license before the Court or authority within such time as the Court or authority may fix, or

 

(b)      if, not being then the holder of a license, he subsequently obtains a license, he shall within five days after obtaining the license, produce it before the Court or authority for the purpose of endorsement; and if the license is not produced within the time specified, the person in respect of whom the endorsement is to be made, shall be deemed to have committed an offence punishable under section 97 and the license shall on the expiry of such time be of no effect until it has been produced for the purpose of endorsement. 

           

            (3) A person whose license has been endorsed shall if during the period of five years since the last endorsement was made no further order of endorsement has been made against him be entitled, on surrendering his license and on payment of the prescribed fee, to receive a copy of the license free from all endorsement; and if the endorsement was only in respect of exceeding a speed limit, he shall be entitled to have a copy of the license free from endorsement issued on the expiration of one year from the date of the order directing the endorsement to be made: 

 

            Provided that in computing the said period of five years and one year respectively, the time during which the said person was disqualified for holding or obtaining a license shall be excluded. 

           

            (4) When a license is endorsed by or an order of endorsement is made by any Court, it shall send particulars of the endorsement or order, as the case may be, to the licensing authority by which the license was last renewed and to the licensing authority which granted the license.

           

            (5) Where the holder of a license is disqualified by the order of any Court for holding or obtaining a license, the Court shall take possession of the license and forward it to the licensing authority by which it was granted or last renewed and that authority shall keep the license until the disqualification has expired or has been removed and the person entitled to the license has made a demand in writing for its return to him: 

 

            Provided that, if the disqualification is limited to the driving of a motor vehicle of a particular class or description, the Court shall endorse the license to this effect and shall send a copy of the order of disqualification to the licensing authority by which the license was granted and shall return the license to the holder. 

 

            (6) Where on an appeal against any conviction or order of a Court which has been endorsed on a license, the appellate Court varies or sets aside the conviction or order, the appellate Court shall so inform the licensing authority by which the license was last renewed and the licensing authority which granted the license, and shall amend or cause to be amended the endorsement of such conviction or order.

 

22.       (1) Government may make rules for the purpose of carrying into effect the provisions of this Chapter.

Power to

 make rules.

 

            (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

 

(a)      the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities;

(b)      the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees; provided that no fee so fixed shall exceed two rupees;

 

(c)       the issue of duplicate licenses to replace licenses lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the issue of temporary licenses to persons receiving instruction in driving and the fees to be charged there for;

 

(d)      the conditions subject to which a Regional Transport Authority may disqualify a person for holding a license to drive a transport vehicle;

 

(e)       the medical examination and testing of applicant; for licenses and of drivers and the fees to be charged therefor ; 

 

(f)        the fees to be paid for the grant and renewal of licenses; 

 

(g)      the exemption of prescribed persons, or prescribed classes of persons from payment of all or any portion of the fee payable under this Chapter; 

 

(h)      the granting by registered medical practitioners of the certificates referred to in sub-section (2) of section 4, sub section (3) of section 7 and sub-section 1 of section 13; 

 

(i)        the communication of particulars of licenses granted by one licensing authority to other licensing authorities; 

 

(j)        the control of schools or establishments for the instruction of drivers of motor vehicles and the acceptance of driving certificates issued by such schools or establishments as qualifying the holder for exemption from Part I of the test specified in the Third Schedule; 

 

(k)       the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or of the rules made thereunder.

 

 

 

 

 

 

CHAPTER-III 
REGISTRATION OF MOTOR VEHICLES.

 

23.       (1) No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in [44][any place] unless the vehicle is registered in accordance with this Chapter and the vehicle carries a registration mark displayed in the prescribed manner.

Motor vehicle

not to be

driven without registration.

 

            Explanation.— A motor vehicle shall not be deemed to be registered in accordance with this Chapter if the certificate of registration has been suspended or cancelled. 

 

            (2) Nothing in this section shall apply to a motor vehicle while being driven within the limits of jurisdiction of a registering authority to or from the appropriate place of registration for the purpose of being registered under section 24, 26, 40 or 41 or to a motor vehicle exempted from the provisions of this Chapter while in the possession of a dealer in motor vehicles.

 

[45][(23-A.) if any owner of a motor vehicle imported into the country or purchased from any authorized manufacturer in the country, fails to register it within sixty days of its import or purchase, as the case may be, he shall, besides the registration fee prescribed under the rules, be liable to a penalty described in the Table below:             

Penalty in

default of registration.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TABLE

 

S. No.

Motor vehicle type/ Engine Capacity of vehicle

Where the default does not exceed

6 months (Rs.)

Where the default exceeds

6 months (Rs.)

 

  1.

                      2.

3.

4.

 

(i)                  

Motor Cycle/scooter

200

500

(ii)                

Tractor not being used for agricultural purposes

 

1000

2000

(iii)              

Other vehicles up to 800 CC

1000

2000

(iv)              

801-1000 CC

1500

3000

(v)                

1001-1300 CC

1700

3400

(vi)              

1301-2000 CC

2000

5000

(vii)            

Above 2000 CC

5000

10000.]

 

 

 

 

 

 

 

 

 

 

            24.       (1) Subject to the provisions of section 26, section 40 and section 41, every owner of a motor vehicle shall cause the vehicle to be registered by the registering authority of the division in which he has his residence or place of business or in which the vehicle is normally kept.

Registration where to

be made.

 

            (2) Government may by rule made under section 43 required that any certificate of registration issued under the provisions of the Motor Vehicles Act, 1939, shall be presented within a prescribed period, to a specified registering authority for entry therein of such further particulars of the vehicles as that authority may, for the purposes of this Ordinance, deem fit to record.

 

[46][25.   (1) An application for registration of a motor vehicle shall be made to the registering authority by the owner personally or through a duly authorized agent, in Form “F” as set forth in the First Schedule, to this Ordinance, and shall be accompanied by the following:-

Registration

how to be

made.

 

(a)      Import permit and the bill of lading through which the  motor vehicle is imported and papers indicating the payment of customs duty, etc; leviable on the import of such a motor vehicle;

 

(b)      Sale authority letter and invoice issued by the authorized manufacturer of the motor vehicle or by his authorized dealer in Pakistan; and

 

(c)       In case of re-registration under section 30 of this Ordinance, the registration certificate issued by the original registering authority together with a ‘No Objection Certificate (NOC)’ issued by it.

           

            (2) The registering authority shall, in accordance with the provisions of this Ordinance, issue to the owner of a motor vehicle a certificate of registration in Form “G” on payment of prescribed fee, as set forth in the First Schedule to this Ordinance and shall enter the particulars of such certificate in the register to be maintained by it in this behalf. 

           

            [47][(3) The registration authority shall assign to motor vehicle for display thereon, in the prescribed manner, a distinguishing mark (in this Ordinance referred to as registration mark), containing the name of the Province, the name of the [48][Region] where the vehicle is registered and such letter or group of letters and figures as may be prescribed:

            Provided that after coming into force of the Provincial Motor Vehicles (Khyber Pakhtunkhwa) (Amendment) Act, 2010, the owners of motor vehicles to whom personalized numbers were issued, shall cease to display these number plates hence forth and shall start to display the number plates hence forth and shall start to display the number plates provided to them under sub-section (6):

           

            Provided further that an amount of twenty-five thousand rupees received from each owner of vehicle to whom personalized number was issued, shall be refunded to them as per prescribed procedure.]

           

            [49][[50][(3-A)]]  

           

            (4) The certificate issued under sub-section (2) shall be provisional certificate till documents referred to in clauses (a), (b) and (c) of sub-section (1) are verified from the concerned agencies by the registering authority:

           

            Provided that if the concerned agencies fail to verify the documents within a period of one year from the date of reference, if shall be presumed that the documents produced are fake and the provisional certificate shall stand suspended and cancelled as provided in section 34 and 35 of this Ordinance:

           

            Provided further that the motor vehicle of which the registration certificate is cancelled under the first proviso or the motor vehicles the owners or keepers whereof may fail to produce any valid documents in support of their ownership, shall be seized by Government and disposed of in the prescribed manner.

           

            [51][(5) Series of vehicles registration marks shall consist of such digits and numbers as Government may by notification in the official Gazette secify.

           

            (6) The number plates and other registration documents to be affixed or used with the motor vehicle shall be provided by Government or its authorized agent or agents on such payments as may be fixed by Government from time to time.]

           

            [52][Provided that the owner of a motor vehicle who may have obtained a personalized number under sub-section (3A) shall prepare the number plate through his own resources, which shall contain on its fourth-fifth portion the personalized number, while on its remaining portion the name of the [53][Region] in which it is registered shall be inserted.]

 

            (7) The motor vehicle registered in a [54][Region] under this section shall not be re-registered in any other [55][Region] of the Province.

 

            (8) Government may, be notification in the official Gazette, allow the motor vehicles already registered in the Province under the old system to continue to display the old registration marks till such time as new registration mark, in the manner specified therein, are assigned to them:

 

            Provided that till such notification is issued, it shall not be unlawful for the owner of such motor vehicles to display the old registration marks.]

 

            [56][[57][(9) Any person found using the number plate other than the one provided to him under sub-section (6) or a registration mark other than one he is allowed to use under sub-section (8) shall be liable to a penalty of five thousand rupees in violation of misuse of registration mark.]]

 

26.       (1) Notwithstanding anything contained in section 24, the owner of a motor vehicle may apply in the prescribed manner to any registering authority to have the vehicle temporarily registered and thereupon such registering authority shall issue to the owner of the vehicle a temporary certificate of registration and assign to the vehicle a temporary mark of registration.

Temporary registration.

 

            (2) A registration made under this section shall be valid only for a period of one month, and shall not be renewable.

 

27.       The registering authority may, before proceeding to register a motor vehicle, require the person applying for registration of the vehicle to produce the vehicle either before itself or such authority as Government may, by order appoint for this purpose in order that the registering authority may satisfy itself that the particulars contained in the application are true and that the vehicle complies with the requirements of chapter VI and the rules thereunder.

Production

of vehicle at

the time of registration.

28.       (1) The registering authority may, for reasons to be recorded in writing, refuse to register any motor vehicle, if—

Refusal of registration.

 

(a)      the vehicle is mechanically so defective as to render its use unsafe; or

 

(b)      the vehicle does not comply with the requirements of Chapter VI, or of the rules made thereunder ; or

 

(c)       the applicant fails to furnish particular of any previous registration of the vehicle; or

 

(d)      the applicant fails to produce before the registering authority—

 

(i)     where the vehicle has been previously registered under this ordinance or under any other law relating to the registration of motor vehicles in force in any place in Pakistan, a letter of authority or a certificate of transfer from the person shown as owner in the last registration certificate in respect of such vehicle; or. 

 

(ii)   where the vehicle has been imported from any place outside Pakistan and has not been previously registered in any place, in Pakistan, an import license for the vehicle. 

           

            (2) Where a registering authority refuses to register a motor vehicle, it shall furnish to the applicant free of cost a copy of the reasons for such refusal.

 

29.       (1) Subject to the provisions of section 30, a motor vehicle registered by a competent authority in any part of Pakistan not included in the Province under the law relating to motor vehicles in erco in such part, shall not be required to be registered under this Ordinance.

Effectiveness

 in West

Pakistan of registration.

 

            Provided that there is in force in respect of the vehicle a certificate conforming to and containing substantially the same particulars as the certificate of registration in Form G as set forth in the First Schedule issued by such competent authority in respect of such vehicle.

 

            (2) A certificate complying with the requirements of the proviso to the last preceding sub-section shall be effective throughout the Province as if it were a certificate of registration issued under this Ordinance and the provisions of this Ordinance shall apply thereto.

 

            (3) Sub Section (l) shall not apply to any motor vehicle previously registered in the Province if the certificate of registration of the vehicle is, for the time being, suspended or cancelled to any reason other than that of permanent removal of the vehicle from the Province.

 

30.       (1) When a motor vehicle not required to be registered in the Province by virtue of sub-section (1) of section 29 is kept in the Province for a period exceeding twelve months, the owner of the vehicle shall apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration of the vehicle to that registering authority.

Assignment  

of fresh registration

mark on

removal to

 another

 Province.

 

            (2) The registering authority, to which application is made under sub-section (1), shall assign the vehicle a registration mark [58][referred to in section 25] to be carried thence forth on the vehicle and shall enter the mark upon the certificate of registration of the vehicle before returning it to the applicant and shall also, in communication with the registering authority by whom the vehicle was previously registered, arrange for the transfer of the registration of the vehicle from the records of that registering authority to its own records. 

 

            (3) Government may make rules under section 43 requiring the owner of a motor vehicle not registered within the Province, which is brought into or is for the time being in the Province, to furnish to the prescribed authority such information with respect to the motor vehicle and its registration as may be prescribed.

 

31.       (1) if the owner of a motor vehicle ceases to have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of such change of address, intimate his new address to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another registering authority, to that other registering authority and shall at the same time forward the certificate of registration to the registering authority in order that the new address may be entered therein.

Change of residence

or place of business.

 

            (2) A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority. 

 

            (3) Nothing in sub-section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration.

 

32.       (1) Within thirty days of the transfer of ownership of any motor vehicle registered under this Chapter, the transferee shall report the transfer to the registering authority within whose jurisdiction he ordinarily resides and shall forward the certificate of registration of the vehicle to that registering authority together with the prescribed fee in order that particulars of the transfer of ownership may be entered therein.

Transfer of ownership.

 

            (2) A registering authority other than the original registering authority making any such entry shall communicate the transfer of ownership to the original registering authority.

 

[59][32-A.                 If the owner of a motor vehicle registered by a registering authority having jurisdiction in the Tribal Areas of the Province of Balochistan ceases to reside or to have his place of business in those Areas, or sells or otherwise transfers the motor vehicle to any person who does not reside or have his place of business in those Areas, the certificate of registration and registration mark of the vehicle shall stand canceled as from the day on which he ceases to reside or to have his place of business in those areas or, as the case may be, sells or otherwise transfers the vehicle to such person.

Cancellation

of certificate

of registration of vehicles registered in

the Tribal

Areas of Balochistan

in certain

cases.

33.       (1) If a motor vehicle is so altered that the particulars contained in the certificate of registration are no longer accurate, the owner of the vehicle shall within fourteen days of the making of any such alteration report the alteration, to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration of the vehicle to that authority together with the prescribed fee in order that particulars of the alteration may be entered there in:

Alteration

in motor vehicle.

           

            Provided that it shall not be necessary to report any change in the unladen Weight of the motor vehicle consequent on the addition or removal of fittings or accessories, if such change does not exceed two per cent of the weight entered in the certificate of registration. 

 

            (2) A registering authority other than the; original registering authority making any such entry shall communicate the details of the entry to the original registering authority.

 

34.       (1) A registering authority or any other prescribed authority may, after giving the owner an opportunity of making any representation he may wish to make, for reasons to be recorded in writing, suspend the registration certificate of a motor vehicle ,if—

Suspension

of

registration.

 

(a)      the vehicle is not insured as required by law; or

 

(b)      any fees or taxes payable in respect of the vehicle under this Ordinance or the rules framed there under, or the West Pakistan Motor Vehicles Taxation Act, 1958, have remained unpaid for a period exceeding three months from the date such fees or taxes were due; or

 

(c)       in the case of a public service vehicle, it is not covered by a valid certificate of fitness; or

 

(d)      the authority has reasons to believe that the vehicle is in such a condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of Chapter VI or of the rules made there under; or

 

(e)       a substantially false statement has been made in the application for registration of the vehicle; or

 

(f)        the registration certificate has been deliberately defaced or mutilated or unauthorized additions or alterations have been made therein; 

 

and such suspension shall remain inforce till the vehicle is duly insured as required by law, or the fees or taxes have been paid, or a valid certificate of fitness in respect of the vehicle has been obtained, or the defects are remedied to the satisfaction of such authority, or the false statement in the application for registration has been replaced by a correct statement in the prescribed manner, as the case may be. 

 

            (2) A registering authority or any prescribed authority may after giving the owner an opportunity of making any representation he may wish to make and for reasons to be recorded in writing, suspend for a period not exceeding six months, the certificate of registration of a vehicle, if it is satisfied that— 

 

(i)        the vehicle is used for subversive activities against the State; or. 

 

(ii)      the vehicle is used for hire or reward without obtaining a permit from the Provincial or a Regional Transport Authority as required under section 44; or 

 

(iii)    the vehicle has been found by a Court to have been used by the owner of the vehicle or with his knowledge or connivance in the commission of a cognizable offence punishable with imprison-ment of not less than five years.

            (3) An authority other than a registering authority shall making a suspension order under sub-section (1), intimate in writing the act of suspension and the reasons therefore to the registering authority within whose jurisdiction the vehicle is at the time of the suspension.

 

            (4) A registering authority or other prescribed authority suspending the registration certificate of a motor vehicle under this section shall communicate the fact of suspension together with the reasons therefore in writing to the owner of the vehicle, and the owner shall thereupon forthwith surrender to that authority the certificate of registration and any token or card issued to authorise the use of the vehicle in a public place.

 

            (5) Where the registration of a motor vehicle has been suspended under sub-section (1) for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension, and when the suspension has continued without interruption for a period of not less than six months, the registering authority within whose jurisdiction the vehicle was when the registration was suspended may, if it is the original registering authority, cancel the registration and the entry relating to the vehicle in its records, and if it is not the original registering authority, shall forward the certificate of registration and any token or card surrendered under sub-section (4) to that authority which may cancel it forthwith.

 

            (6) The certificate of registration and any token or card surrendered under sub-section (4) shall be returned to the owner when the order suspending registration is rescinded.

 

35.       (1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, as soon as may be, report the fact to the registering authority within whose jurisdiction he resides and shall forward to that authority the certificate of registration of the vehicle together with any token or card issued to authorize the use of the vehicle in a public place.

Cancellation

of

registration.

 

            (2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration, to the original registering authority and that authority shall cancel the registration and the certificate of registration.

 

            (3) Any registering authority may order the examination of another vehicle within its jurisdiction by such authority as Government may by order appoint and, if upon such examination and after giving the owner an opportunity to make any representation he may wish to make it is satisfied that the vehicle is in such a condition that its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may, for reasons to be recorded in writing, cancel the registration of the vehicle.

 

            (4) If a registering authority is satisfied that a motor vehicle has been permanently removed out of the Province, it shall cancel the registration of the vehicle.

 

            (5) A registering authority or any prescribed authority cancelling the registration of a motor vehicle under this section shall communicate the fact, together with the reasons therefore, in writing to the owner of the vehicle and the owner of the vehicle shall thereupon forthwith surrender to that authority the certificate of registration of the vehicle and any token or card issued to authorize the use of vehicle in a public place.

 

            (6) A registering authority making an order of cancellation under this section shall, if it is the original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records, and if it is not the original registering authority, intimate in writing the fact of cancellation and the reasons therefore, and forward the certificate of registration and any token or card surrendered to it under subsection (6) to the original registering authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records.

 

            (7) The expression “original registering authority” in this section and in section 31, 32, 33 and 34 means the registering authority in whose records the registration of the vehicle is recorded.

 

36.       (1) Any owner of a motor vehicle aggrieved by an order of refusal to register a motor vehicle made under section 28 or to issue a certificate of fitness made under sub-section (l) of section 39 or by an order of suspension or cancellation of registration made under section 34 or 35 or by an order of cancellation of the fitness certificate made under sub-section (3) of section 39 may, within thirty days of the date on which he has received notice of such order, appeal against the order in the prescribed manner to the prescribed authority.

Appeals.

 

            (2) The appellate authority shall give notice of the appeal to the original authority, and after giving opportunity to the original authority and the appellant to be heard either personally or by pleader in the appeal, pass such orders as it thinks fit.

 

37.       (1) A registering authority shall refuse to register any transport vehicle, other than a motor cab unless the application for registration is accompanied by a document in Form H as set forth in the First Schedule signed by the maker of the vehicle or an assembler duly authorized by the maker in this behalf stating the maximum laden weight and maximum axle weights for which the vehicle is and the several axles are designed.

Special

requirement

for

registration

of transport vehicles.

 

            (2) Where a transport vehicle or chassis, as the case may be, has affixed to it a metal plate, bearing the stamp of the maker or assembler and identified as appertaining to the particular vehicle or chassis to which it is attached, which contains the particulars specified in sub-section (1), that plate may at the discretion of a registering authority be deemed to be the document referred to in that sub-section.

 

 

 

38.       A registering authority, when registering a transport vehicle other than a motor cab, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely—

 

(a)      the unladen weight of the vehicle;

 

(b)      the number, nature and size of the tyres attached to each wheel;

Special

 Particulars

to be

recorded

on

registration

of transport vehicles.

 

(c)       the laden weight of the vehicle and the axle weights pertaining to the several axles thereof, determined in accordance with the tyre and Rim Manufactures Association load ratings for tyres as revised from time to time and approved by the Provincial Transport Authority.

 

(d)      if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided,

 

            and the owner of the vehicle shall have the said particulars exhibited in the prescribed manner on the vehicle.

 

39.       (1) subject to the provision of section 40, a transport vehicle shall not be deemed to be validly registered for the purposes of section 23, unless it carries a certificate of fitness in Form I as set-forth in the First Schedule, issued by the prescribed authority, to the effect that the vehicle complies for the time being with all the requirement of Chapter VI and the rules made thereunder; and where the prescribed authority refuses to issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for suca refusal.

Certificate

of fitness

of

Transport

 vehicle.


            (2) Subject to the provisions of sub-section (3), a certificate of fitness shall remain effective for three years unless a shorter period, not being in any case less than six months, is specified in the certificate by the [60][authority issuing the certificate] [61][. . . . . .]

 

            [62][Provided that in case of a permit issued under section 60 (1) (a), a certificate of fitness shall remain effective for a period of six months and on the expiry of that period the permit shall be deemed to be suspended until a new certificate of fitness has been obtained;] 

 

            (3) The [63][……….] prescribed authority may, for reasons to be recorded in writing, cancel a certificate of fitness at any time if satisfied that the vehicle to which it relates no longer complies with all the requirements of this ordinance and the rules made thereunder; and on such cancellation, the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter IV shall be deemed to be suspended until a new certificate of fitness has been obtained.

 

40.       (1) The authorities specified in Part B of the Fourth Schedule may register any motor vehicle which is the property or for the time being under the exclusive control of the [64][Federal Government;] and any vehicles so registered shall not, so long as it remains the property or under the exclusive control of the [65][Federal] Government, require to be registered otherwise under this ordinance.

Registration

of vehicles,

the property

of the

[66][Federal] Government.

 

            (2) A transport vehicle registered under this section shall carry a certificate of fitness in Form I as set forth in the First Schedule issued by the authority referred to in sub-section (1).

 

            (3) An authority registering a vehicle under sub-section (1) shall assign to it a registration mark in accordance with the provisions contained in the Fourth Schedule and shall issue a certificate in respect of the vehicle that the vehicle has been registered under this section.

 

            (4) If a vehicle registered under this section ceases to be the property or under the exclusive control of the [67][Federal] Government, the provisions of section 24 shall thereupon apply.

 

            (5) The authority registering a vehicle under sub-section (1) shall furnish to Government all such information regarding the general nature, over all dimensions and axle weight of the vehicle as Government may at any time required.

 

[68][41.   Notwithstanding anything contained in this Chapter and the Sixth Schedule, Government may, by rules prescribe a special procedure for the registration of any class, or type or category of motor vehicles, or motor vehicles belonging to a specified class of persons, and such rules may among other matters provide for—

Special registration

of vehicle.

 

(a)      the appointment of a special registration authority for such motor vehicles; and

 

(b)      special registration mark to be carried by such motor vehicles].

 

 

42.       (1) The registration mark assigned to a trailer shall be displayed in the prescribed manner on the side of the vehicle.

 

            (2) No person shall drive a motor vehicle to which a trailer is or trailors are attached unless the registration mark of the motor vehicle so driven is displayed in the prescribed manner on the trailer or on the last trailer in the train, as the case may be.

Application

of chapter III

to trailers.

 

43.       (1) Government may make rules for the purpose of carrying into effect the provisions of this Chapter.

Power to

make rules.

 

            (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely,

 

(a)      the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees;

 

(b)      the appointment, functions and jurisdiction of registering and other prescribed authorities;

 

(c)       the issue of certificates of registration and certificates of fitness and duplicate of such certificates to replace certificates lost, destroyed or mutilated;

 

(d)      the temporary registration of motor vehicles, and the issue of temporary certificates of registration and marks;

 

(e)       the manner in which registration marks and the particulars referred to in section 38, and other prescribed particulars shall be exhibited;

 

[69][(ee) the authorizing of suitable automobile workshops to issue certificate of fitness, the licensing of such workshops; the equipment and apparatus to be maintained by such workshops, their inspection, the terms and conditions and the period for which, and the authorities by whom, the licenses may be granted and renewed and the fees to be paid for the grant and renewal of the licenses; 

 

(f)        the fees to be charged for the issue of alteration of certificates of registration, for certificates of fitness, for registration marks, and for the examination or inspection of motor vehicles, and the refund of such fees; 

 

(g)      the exemption of prescribed persons or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter; 

 

(h)      the forms, other than those set forth in the First Schedule to be used for the purposes of this Chapter; 

 

(i)        the communication between registering authorities of particulars of certificates of registration and by owners of vehicles registered outside the Province of particulars of such vehicles and of their registration; 

 

(j)        the particulars to be furnished by the owner of any motor vehicle to the registering authority, upon the transfer of possession of the motor vehicle under the terms of a hiring agreement; 

 

(k)       the extension of the validity of certificates of fitness pending consideration of applications for their renewal; 

 

(l)        the exemption from the provisions of this Chapter and the conditions and fees for exemption, of motor vehicles in the possession of dealers; 

 

(m)    the exemption of road-rollers, graders and other vehicles designed and used solely for the construction, repair and cleaning of roads from all or any of the provisions of this Chapter and the rules made thereunder, and the conditions governing such exemption; and the exemption of light goods vehicles from the provisions of section 39 and the conditions governing such exemption. 

 

CHAPTER—IV 
CONTROL OF TRANSPORT VEHICLES

 

44.       (1) No owner of a transport vehicle shall use or permit the use of, and no driver of a transport vehicle shall drive or cause or permit to be driven, the vehicle in any public place, save in accordance with the conditions of a permit authorizing the use or driving of the vehicle in such place granted or countersigned by a Regional or Provincial Transport Authority :

 

            Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorize the use of the vehicle as a contract carriage:

Transport

vehicles

not  to be

used or

driven

without

permit.

 

            Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorize the use of the vehicle as a goods vehicle either when carrying passengers or not: 

 

            Provided also that a public carrier's permit shall, subject to any conditions that may be specified in the permit authorize 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 purposes 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 which 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 purpose of transporting them to another place and there 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 [70][Federal] or any Provincial Government and used for public purposes unconnected with any commercial enterprise;

 

(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 cleaning, watering or conservancy purposes.

 

(c)       to any emergency vehicle;

 

(d)      to any transport vehicle used, for any other public purpose prescribed in this behalf;

 

(e)       to any transport vehicle used solely for conveyance of corpses:

 

(f)        to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety; 

 

(g)      to any school bus; or 

 

(h)      to any trailer used for any purpose other than the carriage of goods for hire or reward when drawn by a motor vehicle constructed for the carriage of not more than six passengers excluding the driver. 

 

(4) Subject to the provisions of sub-section (3), sub-section (1) shall, if Government by rules made under section 69 so prescribes, apply to any motor vehicle adapted to carry more than nine passengers excluding the driver.

 

[71][(44-A) A transport vehicle registered in any other Province may be allowed to be driven within the Province.—

 

(a)         In the case of a transport vehicle for which a permit has been issued by general or special resolution of the Provincial Transport Authority; and. 

Permission

to drive

transport

vehicle

registered

in other

Provinces.

 

(b)         in any other case, by general or special order of the Government; 

 

subject to such terms and conditions as may be specified by the Provincial Transport Authority or Government in the said resolution or order as the case may be.]

 

45.       (1) Government, having regard to—

 

(a)      the advantages offered to the public, trade and industry by the development of motor transport; and

 

(b)      the desirability of—

Power of Government

to control

road

transport.

 

(i)        in coordinating road and rail transport; 

 

(ii)      preventing the deterioration of the road system; and 

 

(iii)    preventing uneconomic competition among transport vehicles, 

 

and after having heard the representatives of the interests affected and having consulted the Provincial and Regional Transport Authorities concerned, may, for reasons to be recorded in writing, by a notification in the official Gazette— 

 

(i)        prohibit or restrict throughout the Province or in any area or on any route within the Province, subject to such conditions as it may think desirable, the conveying of long distance goods traffic generally or of prescribed classes of goods, by private or public carriers; or. 

 

(ii)      fix maximum or minimum fares or freights for stage carriages and public carriers to be applicable throughout the Province or within any area or on any route within the Province. 

 

            (2) Notwithstanding anything in sub-section (1), Government may, by notification under this sub-section, cancel generally or in relation to a specified area any permit or class of permits granted under this Chapter in respect of transport vehicles in order to enable the [72][Board] constituted under section 70 to use its transport vehicles on the routes thus rendered vacant:

 

            Provided that the provision of section 22 of the West Pakistan General Clauses Act, 1956 as to previous publication shall apply to a notification under this sub-section, and for the purposes of the said section, a notification under this sub-section shall be deemed to be a rule made under an Act.

West Pakistan Act No. VI

of 1956.

 

            (3) Government may direct the Provincial Transport Authority or a Regional Transport Authority not to grant or issue any permit (if already granted but not issued) or to restrict the grant of fresh permits to a specified number on any route or routes or part of a route on which the Corporation is already operating motor transport or intends to do so. 

 

            Explanation— For the purpose of this sub-section “route” includes any combination of routes or an elongation of a route.

 

46.       (1) Government shall by notification in the official Gazette, constitute—

 

(i)        a Provincial Transport Authority to exercise and discharge throughout the Province the powers and functions specified in sub-section (6); and 

Transport Authorities.

 

[73][(ii) a [74][Regional Transport Authority] for each [75][Region] in the Province to exercise and discharge throughout the [76][Region] concerned the powers and functions conferred on it by or under this Chapter:

     

Provided that-

 

(a)      permits for vehicles playing within the limits of [77][Region] shall be issued by the [78][Regional Transport Authority] concerned;

 

(b)      permits for vehicles playing within the limits of two adjoining [79][Regions] shall be issued by the [80][Regional Transport Authority] of any of the said two adjoining [81][Regions], subject to a no objection certificate issued by the [82][Regional Transport Authority] of such other adjoining [83][Region]; and

 

(c)       permits for vehicles playing within the limits of more than two [84][Regions] will be issued by Provincial Transport Authority.]

            [85][(2) The Provincial Transport Authority or a [86][Regional Transport Authority] shall consist of such number of official and non-official members as Government may think fit to appoint, but no person who has any financial interest whether as no person who has any financial interest whether as  proprietor, employee or otherwise in any transport undertaking, except in his representative character of the proprietors/transporters, shall be appointed or continue as a member of the Provincial Transport Authority or a [87][Regional Transport Authority.]]

 

            Explanation.— A person shall not be deemed to have any financial interest in a transport undertaking for the purposes of this section merely by reason of the fact that he is a member or an employee of the Railway Board or is a person in the service of Pakistan or serving under the [88][Board.]

 

            (3) If any person who is appointed as member of the Provincial or a Regional Transport Authority has any such interest in transport undertaking as is referred to in sub section (2) he shall forthwith give notice of the same in writing to Government.

 

            (4) If any member of the Provincial or a Regional Transport Authority during his term of office acquires any such interest in a transport undertaking as is referred to in sub-section (2) he shall within four weeks of acquiring such interest give notice of the same in writing to Government, and shall on the giving of such notice cease to be such member.

 

            (5) If any person becomes a member or continues to remain as a member of the Provincial or a Regional Transport Authority in contravention of the provisions of this section he shall be deemed to have committed an offence against this Ordinance.

 

            (6) The Provincial Transport Authority shall exercise and discharge the following powers and functions, namely:— 

 

(i)        to co-ordinate and regulate the activities and policies of the Regional Transport Authorities;

 

[89][(ii)  to issue permits for vehicles playing within the limits of more than two [90][Regions]];

 

(iii)  to settle all disputes and decide all matters on which differences of opinion arise between the Regional Transport Authorities; and 

 

(iv) to discharge such other functions as may be prescribed.

 

            (7) The Provincial Transport Authority may, subject to such conditions as may be prescribed, issue to a Regional Transport Authority such orders and directions of general character in respect of road transport as it may deem necessary, and the Regional Transport Authority shall give effect to all such orders and directions.

           

            (8) The Provincial Transport authority and any Regional Transport Authority, if authorized in this behalf by rules made under section 69, may delegate such of its powers and functions to such authority, or person and subject to such restrictions, limitations and conditions as may be prescribed by the said rules.

 

[91][47.   (1) Every application for a permit shall be made to the [92][Regional Transport Authority] of the [93][Region] concerned or of one of the [94][Regions] in which it is proposed to use the vehicle or vehicles and, if the applicant resides or has his principal place of business in any one of those [95][Regions], to the [96][Regional  Transport Authority] of that [97][Region]:

           

            Provided that if the permit or permits applied for is covered be clause (c) of the proviso to sub-section 1 of section 46, the [98][Regional Transport Authority] by when the application is received shall forward the same to the Provincial Transport Authority for such action as is deemed fit by the latter Authority.]

General provisions

as to

applications  

for permits.

 

            (2) Nothing in sub-section (1) shall apply to road transport services operated by the [99][Board].

 

[100][48   (1) An application for a permit to use a motor vehicle as a stage carriage (in this Chapter referred to as a stage carriage permit) shall contain the following particulars, namely:-

Application

for stage

carriage

permits.

 

(a)      the name and address of the applicant;

 

(b)      the registration number, type model and seating capacity of the vehicle in respect of which the application is made;

 

(c)       the route or routes on which or the area within which it is intended to use the vehicle; and

 

(d)      such other matters as may be prescribed.

           

            (2) An application for a permit shall be accompanied by an affidavit of the applicant to the effect that he is the actual owner of the motor vehicle in respect of which the application is made. 

 

            Explanation.  For the purposes of this Chapter, “actual owner” means a person or body of persons having Proprietary right in a motor vehicle, acquired by way of purchase, gift, inheritance, or under a hire-purchase agreement, or as a result of the settlement of a lawful claim].

 

[101][49   (1) Where an application for stage carriage permit conforming to the provisions of section 48 has been received by the Regional Transport Authority, it shall, on the payment of the prescribed fee, and on the applicant furnishing to the Regional Transport Authority, a bank guarantee of the prescribed sum as security for payment of any compensation that applicant may be required to pay under the provisions of section 67, grant a permit to the applicant in the prescribed form in respect of the motor vehicle specified in the application:

Procedure

for grant of applications

for stage

carriage

permits.

           

            Provided that where any such permit granted in respect of the vehicle for which the permit is applied for has been suspended or cancelled, the Regional Transport Authority.— 

(a)      shall not, during the period of suspension of the previous permit, grant a permit in respect of the vehicle; and 

 

(b)      may, in case of cancellation of previous permit, for reason to be recorded in writing, a copy whereof shall be granted to the applicant free of cost, refuse to grant a permit [102][for a period not exceeding three months where after the applicant may make a fresh application for the grant of stage carriage permit.]

            [103][2. No security in the form of bank guarantee shall be required in respect of:—

(a)      a stage carriage permit authorizing the plying of a stage carriage in an urban area, and

 

(b)      any other stage carriage permit if :—

[104][(i)  the applicant furnishes a certificate, duly issued by the West Pakistan Transporter's Mutual Assistance Cooperative Society Limited Lahore, or by any Transporter's Mutual Assistance Co-operative Society registered with the Registrar Co-operative Societies [105][Khyber Pakhtunkhwa], showing him as member thereof.] 

 

(ii)   the certificate so issued remains valid; and 

 

(iii) such certificate is not withdrawn.]

 

[106][50.  (1) A condition shall be inserted in every stage carriage permit that in case of death of, or injury to grant passenger in the vehicle to which permit relates arising out of the use of the vehicle, there shall be paid by the permit holder as compensation—

Conditions

for grant

of stage

carriage

permits.

 

(a)   in case of death of a passenger, a sum of rupees eight thousand to the legal representatives of the diseased passenger; and

 

(b)   in case of an injury to a passenger, the amount specified in the Thirteenth Schedule, to the injured passenger.

 

            (2). A Regional Transport authority may attach to a stage carriage permit any prescribed condition or any or all of the following conditions, namely:—

(i)           that the service specified in the permit shall be commenced not later than a specified date and be continued for a specified period; 

 

(ii)         that a specified number of return trips of daily service shall be maintained on the route or routes specified in the permit and that they may be varied only in accordance with specified conditions; 

 

(iii)       that the stage carriage shall be used only on specified routes or in specified areas;

 

(iv)        that copies of the fare table and time table approved by the Regional Transport Authority shall be exhibited on the stage carriage and its stands and stops on the route, and that the time table and fare-table so exhibited shall be observed; 

 

(v)          that not more than a specified number of passengers and not more than a specified amount of luggage shall be carried on any stage carriage at any one time; 

 

(vi)        that within municipal limits and in such other areas and places as may be prescribed, passengers shall not be taken up or set down except at specified places; 

 

(vii)      that the permit holder shall maintain such accounts and records of the operation of the service and shall submit such financial and statistical returns as may be required by the Regional or Provincial Transport Authority, and that the records and the accounts shall be produced for inspection before the person or persons authorized in this behalf by the Regional or Provincial Transport Authority; and. 

 

(viii)    that tickets shall be issued to passengers for the fares paid. 

 

            (3). The Provincial Transport Authority or a Regional Transport authority may regulate the timings of departure of stage carriages, whether they belong to one or more owners.]

 

51.       An application for permit to use a motor vehicle as a contract carriage (in this Chapter referred to as contract carriage permit) shall contain the following particulars, namely:-

Application

for contract carriage

permits.

 

[107][(a)    the name and address of the applicant;

 

 (aa) the type and seating capacity of the vehicle;]

 

(b)   the area for which the permit is required;

(c)   [108][……………]

(d)   any other particulars which may be prescribed.

 

52.       A Regional Transport Authority, shall, in deciding whether to grant or refuse a contract carriage permit, have regard to the extent to which additional contract carriage may be necessary or desirable in the public interest; and shall also take into consideration any representations made by persons already holding contract carriage permits in the region or by any authority or police authority in the region to the effect that the number of contract carriages for which permits have already been granted is sufficient for or in excess of the needs of the region of any area within the region.

Procedure

of Regional Transport

Authority in considering application

for contract

carriage

permits.

 

 

 

 

 

 

53.       [109][(1)] A Regional Transport Authority may, after consideration of the matters specified in section 52—

 

(a)      fix the number of contract carriages generally or contract carriages of any specified type for which contract carriage permits may be granted in the region or any specified area within the region;

 

(b)      refuse to grant a contract carriage permit or grant a contract carriage permit in respect of a particular contract carriage or a particular service of contract carriages in such form as it may, subject to the rules made under section 69, deem fit; Provided that no person shall be granted a contract carriage permit for any area not specified in the application made by him under section 51;

Power to

restrict the

number of

contract

carriage and

impose

conditions

on contract

carriage

permits.

 

(c)       attach to the contract carriage permit any prescribed condition or all or any one of the following conditions, namely :— 

 

(i)        that the contract carriage or contract carriages shall be used, only in a specified area or on a specified route or routes; 

 

(ii)      that except in accordance with specified conditions no contract or hiring may be entered into for transporting goods or passengers in the contract carriage or carriages outside a specified area; 

 

(iii)    that subject to specified conditions, goods may be carried in a contract carriage to the exclusion of or in addition to passengers; 

 

(iv)     that in the case of motor cabs, specified fares shall be charged and a table of fares displayed on the vehicle;    

 

(v)       that in the case of vehicles other than motor cabs specified rates of hiring not exceeding specified maximum shall be charged; 

 

(vi)     that in the case of motor cabs, a specified weight of passengers, luggage shall be carried free of charge and a specified charge shall be made for any luggage in excess of the luggage to be carried free of charge; 

 

(vii)   that a taxi meter shall be fitted to every motor cab; 

 

(viii)    that specified conditions of the permit shall be liable to be varied, and that further specified conditions may be attached to the permit by the authority at any time on due notice being given to the permit holder; 

 

(ix)        that the conditions of the permit shall not be departed from save with the approval of the authority. 

           

            [110][(2) There shall be inserted in every contract carriage permit other than such permit in respect of a motor cab, a condition that in case of death of, or injury to, a passenger in the vehicle to which the permit relates arising out of the use of the vehicle, there shall be paid by the permit holder as compensation—

(a)      In case of death of a passenger, a sum of rupees eight thousand to the legal representatives of the deceased passenger; and

 

(b)      In case of an injury to a passenger, the amount specified in the Thirteenth Schedule, to the injured passenger.

 

54.       An application for a permit to use a transport vehicle for the carriage of goods for or in connection with a trade or business carried on by the applicant (in this Chapter referred to as a private carrier's permit) shall contain the following particulars, namely:—

Application

for private

carriers

permits.

 

(a)      the type and carrying capacity of the vehicle;

 

(b)      the nature of the goods which the applicant expects normally to carry in connection with his trade or business;

 

(c)       the area for which the permit is required; and

 

(d)      any other particulars which may be prescribed.

 

55.       (1) Where an application conforming to the provisions of section 54 for a private carrier’s permit has been received by the Regional Transport Authority, it shall, if satisfied that the vehicle or vehicles for which, the permit is required will not be used except in connection with the business of the applicant, such business not being transport business, grant the applicant, on the payment of the prescribed fee, a permit in the prescribed form in respect of the vehicle or vehicles specified in the application:

 

            Provided that the Regional Transport Authority may, for reasons to be recorded in writing, a copy whereof shall be granted free of cost to the applicant, refuse to grant a permit, where—

Procedure

of regional transport

authority in considering application

for a Private carrier’s

permit.

 

(i)        the applicant is the holder of a private carrier’s permit which has been suspended; or 

 

(ii)      any such permit previously held by the applicant has been cancelled; or

 

(iii)    any such permit previously granted in respect of the vehicle or vehicles for which the permit is applied for has been suspended or cancelled.

           

            (2) A Regional Transport Authority may in granting a private carrier’s permit impose conditions to be specified in the permit relating to the description of goods which may be carried, or the area in which the permit shall be valid, or the maximum laden weight and axle weight of any vehicle used.

 

            (3) A Regional Transport Authority may on the application of the holder of a private carrier's permit granted by it and subject to such conditions as it may attach, extend the operation of the permit to the region or to any area within the region of another Regional Transport Authority, and the requirements of section 65 as to counter-signature of permits shall not be applicable to any such permit:

 

            Provided that nothing in this section shall authorize a Regional Transport Authority to grant a permit effective solely within the region of another Regional Transport Authority.

 

56.       An application for a permit to use a motor vehicle for the carriage of goods for hire or reward (in this Chapter referred to as a public carrier’s Permit) shall be made on the prescribed form and shall contain the prescribed particulars.

Application

for public

carrier’s

permits.

57.       (1) Where an application for a public carrier’s permit conforming to the provisions of section 56 has been received by a Regional Transport Authority, it shall, on payment of the prescribed fees, grant a permit in the prescribed form in respect of the vehicle or vehicles specified in the application:

 

            Provided that the Regional Transport Authority may refuse to grant the permit where— 

Procedure

of Regional Transport

authority in considering application

for public

carrier’s

permit.

 

(i)        the applicant is the holder of a public carrier’s permit which has been suspended; or 

 

(ii)      any such permit previously held by the applicant has been cancelled; or 

 

(i)        any such permit previously granted in respect of the vehicle or vehicles for which the permit is applied for has been suspended or cancelled. 

 

            (2) A Regional Transport Authority may on the application of the holder of a public carrier's permit granted by it, and subject to such conditions as it may attach, extend the operation of the permit to the region or to any area within the region of another Regional Transport Authority and the requirements of section 65 as to countersignature of permits shall not be applicable to any such permit: 

 

            Provided that nothing in this section shall authorize a Regional Transport Authority to grant a permit effective solely within the region of another Transport Authority.

 

58.       The Regional Transport Authority may attach to a public carrier’s permit all or any of the following conditions, namely:—

 

(i)        that the vehicle shall be used only on specified routes or in a specified area; 

 

(ii)      that the laden weight and the axle weights of any vehicles used shall not exceed a specified maximum;

Power to

restrict the number of

and attach conditions

to public

carrier’s

permits.

(iii)    that such records as may be prescribed relating to the plying of the vehicles shall be maintained; and 

 

(iv)     that the vehicle used shall comply with such other specified condition or conditions appropriate to the service which the Regional Transport Authority thinks proper to impose in the public interest or with a view to prevent uneconomic competition between road transport services. 

 

            [111][(1) application for a permit of any kind may be made at any time. 

           

            [112][2, 3, 4, 5 and 6] 

 

            Procedure in applying for and granting permit.

 

            (7) When a Regional Transport Authority refuses an application for a permit of any kind it shall give to the applicant in writing its reasons for the refusal.

 

60.       [113][(1) A permit other than a special permit issued under section 64 shall be effective without renewal.

 

(a)      in the case of stage carriage permit or a contract carriage permit, not being a permit to ply a motor-cab, for such period not being less than one year and not more than three years, as the Regional Transport Authority may after considering the condition of the bus for route in question in its discretion specify in the permit; and

Duration

and renewal

of permit.

(b)      in the case of any other permit, for such period not being less than three years and not more than five years, as the Regional Transport Authority may, in its discretion specify in the permit].

 

            (2) A permit may be renewed on an application made in that behalf in the prescribed manner and on payment of the prescribed fee for a period specified in sub-section (1).

 

61.       (1) Save as provided in section 62, a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not without such permission operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorized by the permit.

General

condition attaching

to all

permit.

 

            (2) The holder of a permit may, with the permission of the authority by which the permit was granted, replace by another vehicle of the same or substantially similar nature and capacity any vehicle covered by the permit.

           

            (3) The following shall be conditions of every permit:

 

(a)      that the vehicle or vehicles to which the permit relates are at all times so maintained as to comply with the requirement of Chapter VI and the rules made thereunder;

 

(b)      that the vehicle or vehicles to which the permit relates are not driven at a speed exceeding the speed permissible under this Ordinance;

 

(c)       that any prohibition or restriction imposed and any maximum or minimum fares or freights fixed by notification made under section 45 are observed in connection with any vehicle or vehicles to which the permit relates; 

 

(d)      that the vehicle or vehicles to which the permit relates are not driven in contravention of the provision of section 76; 

 

(e)       that the permit holder shall furnish to the Provincial Transport Authority or a Regional Transport Authority or an officer of the Transport Department authorized in this behalf, within such period of time as may be fixed by that authority or the officer, such information relating to the vehicle or vehicles covered by the permit or the permit holder's business as a carrier as may be required by that authority or officer;

 

(f)        that the provisions of any law for the time being in force in the Province relating to insurance of motor vehicles so far as they apply to the holder of the permit are observed; and

 

(g)      that the permit holder's business premises shall be according to a design approved by the Provincial Transport Authority and maintained properly.

           

            Explanation— In this clause, business premises include bus stations, shelters, garages and repair shops for the vehicle or vehicles to which the permit relates.

 

62.       (1) The transport authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit.

 

(a)      on the breach of any condition specified in sub-section (3) of section 61 or of any other condition contained in the permit; or

Cancellation

and

suspension

of permit.

 

(b)      if the holder of the permit uses or causes or allows a vehicle to which the permit relates to be used in any manner not authorized by the permit; or

 

(c)       if the holder of the permit ceases to possess the vehicle or vehicles covered by the permit; or

 

(d)      if the holder of the permit has obtained the permit by fraud of mis-representation; or 

 

(e)       if the holder of a public carrier's permit fails, without reasonable cause, to ply the vehicle; or

(f)        if the holder of the permit uses or causes or allows the vehicle or vehicles to be used for subversive activities against the State; or 

 

(g)      if the holder of the permit uses or causes or allows the vehicle or vehicles to be used for the transport of goods the movement of which is banned under any law for the time being in force, or for the commission of a cognizable offence; or 

 

(h)      if a forgery has been committed in respect of the permit or it has in any way otherwise been tampered with: 

 

            Provided that no permit shall be cancelled unless an opportunity has been given to the holder of the permit to submit his explanation and of being heard. 

            (2) Where a transport authority cancels or suspends permit, it shall record in writing its reasons for the cancellation or suspension and shall give a copy thereof to the holder of the permit.

 

63.       (1) Where the holder of a permit dies, the person succeeding to the possession of the vehicle or vehicles covered by the permit may, for a period of three months, use the permit as if it had been granted to himself:

Transfer of

permit on

 death of

holders.

 

            Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his intention to use the permit: 

 

            Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder. 

 

            (2) The transport authority may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit.

 

[114][64.  (1) Regional Transport Authority may grant special permits, to be effective for one return trip only, authorizing the use of motor vehicle for that trip as a public-service vehicle.

Special

permits.

 

            (2) A Regional Transport Authority may, subject to such-conditions as it may impose in this behalf, delegate its powers of issuing a permit under sub section (1) to its chairman, any member or any gazetted Officer of Government]. 

 

[115][65 …………….]

 

66.       (1) Any person  

Appeals.

 

(a)      aggrieved by the refusal of the Provincial or a Regional Transport Authority to grant a permit, or by any condition attached to a permit granted to him; or

 

(b)      aggrieved by the cancellation or suspension of the permit or by any variation of the condition thereof; or

 

(c)       aggrieved by the refusal to transfer the permit to the person succeeding on the death of the holder of a permit to the possession of the vehicle or vehicles covered by the permit; or

 

(d)      aggrieved by the refusal of the Provincial or a Regional Transport Authority to countersign a permit, or by any condition attached to such countersignature; or

 

(e)       aggrieved by the refusal to renew a permit; or

 

(f)        being a local authority or police authority or an association which, or a person providing transport facilities who, having opposed the grant of a permit, is aggrieved by the grant thereof or by any condition attached thereto; or

 

(g)      being the holder of a license, who is aggrieved by the refusal of Regional Transport Authority to grant an authorization to drive a public service vehicle, may, within thirty days and in the prescribed manner, appeal to the prescribed authority, who after giving such person and the original authority an opportunity of being heard, pass such order, not inconsistent with the provisions of this Ordinance or the rules framed thereunder, as it may deem fit:

           

            Provided that the appellate authority shall not increase the number of permits granted by the Provincial Transport Authority or a Regional Transport Authority.

 

            (2) No appeal shall lie against any order passed under subsection (2) of section 45.

 

            (3) Save as expressly provided in this Ordinance, no Court or other authority shall have jurisdiction.—

(a)      to entertain or adjudicate upon any matter which the Provincial or a Regional Transport Authority or the prescribed authority is empowered by this Ordinance to dispose of or to determine; or. 

 

(b)      to question the legality of anything done under this Ordinance by or at the instance of the Provincial or a Regional Transport Authority or the prescribed authority. 

 

            (4) No Court or other authority shall be competent to grant an injunction or other order in relation to any proceedings before Provincial or a Regional Transport Authority or the prescribed authority under this Ordinance, or anything done or intended to be done by or at the instance of any such authority under this Ordinance.

 

[116][67.  (1) In the case of death of, or injury to, a passenger in a stage carriage or a contract carriage, other than a contact carriage constructed, adapted or used to carry not more than six passengers including the driver, arising out of the use of such carriage, there shall be paid, if a permit has been granted in respect of that carriage, by the holder of the permit, and, if no permit has been so granted, by the owner of the carriage, as compensation the amount specified in the Thirteenth Schedule,

Compensation

for the death

of or injury to

a passenger.

 

(a)      in the case of death of a passenger, to the legal representatives of the deceased passenger; and.

 

(b)      in the case of an injury to a passenger, to the injured passenger. 

 

            (2) The compensation payable under sub-section (1) shall be in addition to any sum which the person entitled to receive compensation may receive or be eligible to receive under a policy of insurance under the provisions of section 95 of the Motor Vehicles Act, 1939 (IV of 1939). 

 

            (3) Any contract for the conveyance of a passenger in a stage carriage or contract carriage, other than a contract carriage constructed, adapted or used to carry not more than six passengers including the driver, in respect of which a permit has been issued under this Chapter shall, so far as it purport to restrict the liability of any person, or to absolve any person from his liability, in respect of any claim made against that person in respect of the death of, or injury to, the passenger who is being carried in, entering or alighting from the vehicle or purports to impose any conditions with respect to the enforcement of any such liability, be void].

 

[117][67-A.          (1) Government may, by notification in the official Gazette, constitute a Claims Tribunal for such area or areas as may be specified in the notification, for the purpose of adjudicating upon claims for compensation under section 67.

Claims

Tribunal.

 

            (2) A claims Tribunal shall consist of one or more members as Government may deem fit to appoint, and where it consists of two or more members, one of them shall be appointed as the Chairman thereof.

 

67-B.   (1) An application for compensation under section 67 may be made —

 

(a)      by the person who has sustained the injury; or

 

(b)      where death has resulted, by the legal representatives of the, deceased passenger; or

Application

for

Compensation.

 

(c)       by an agent duly authorized by the person injured or the legal representatives of the deceased passenger as the case may be.

 

            (2) Every application under sub-section (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident resulting in the death or injury, as the case may be, of the passenger and shall be in such form and shall contain such particulars as may be prescribed.

 

            (3) No application for compensation under this section shall be entertained unless it is made within ninety days of the accident:

 

            Provided that the Claims Tribunal may entertain an application after the expiry of the said ninety days if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.

 

67-C.   On receipt of an application for compensation made under section 67-B, the Claims Tribunal shall hold an inquiry into the claim, giving an opportunity to the parties of being heard, and pass an order determining, in accordance with the provisions of section 67, the amount of compensation payable, and specifying the person or persons to whom the compensation shall be paid.

Award of Compensation.

67-D.   (1) In the holding of an inquiry under section 67-C, the Claims Tribunal shall, subject to any rules that may be made in this behalf by Government, follow such summary procedure as it thinks fit.

Procedure

and powers

of claims

tribunal.

 

            (2) The Claims Tribunal shall be deemed to be a civil Court for all the purposes of section 195 and Chapter No. XXXV of the Code of Criminal Procedure, 1898 (Act No. V of 1898). 

            (3) The Claims Tribunal shall have all the powers of a Civil Court—

 

(a)      for the purposes of taking evidence on oath, enforcing the attendance of witnesses and compelling the discovery and production of documents and material objects; and

 

(b)      for such other purposes as may be prescribed.

67-E.   (1) Subject to the provisions of sub-section (2), any person aggrieved by an order of the Claims tribunal, awarding or refusing to award compensation, may within ninety days from the date of the order, prefer an appeal to the prescribed authority.

Appeal.

            (2) No appeal shall lie under sub-section (l) if the amount in dispute in appeal does not exceed rupees one thousand.

67-F.    (1) Where any compensation has been awarded by the Claims Tribunal or the prescribed authority and the same has not been paid to the person to whom it has been awarded within seven days of the order awarding the compensation—

Recovery of

amount of compensation.

(a)      if the compensation is payable by a person who has furnished a bank guarantee under section 49, the bank giving the guarantee shall on being required by the Tribunal deposit with the Tribunal the amount of compensation, or so much thereof as can be paid out of the amount secured under the guarantee; provided that any amount of compensation which cannot be so recovered shall be recoverable in the manner provided in clause (b).

 

(b)      if the compensation is payable by a person who has not furnished a bank guarantee under section 49, the Claims Tribunal or prescribed authority awarding the compensation may on the application of the person entitled to receive the compensation, issue a certificate to the Collector, and the Collector shall, thereupon proceed to recover the amount specified in the certificate in the same manner as an arrear of land-revenue.

            2. Where any compensation has been paid under the provision of clause (a) of sub-section (l) out of any amount secured under section 49 in respect of a stage carriage, the permit in respect of such stage carriage shall stand suspended until the permit holder furnishes to the Regional Transport Authority which issued the permit, a fresh bank guarantee of the prescribed sum under the provisions of section 49.

 

 

67-G.   No Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by a Claims Tribunal, and no injunction in respect of any action taken or to be taken by or before a Claims Tribunal in respect of any claim for compensation shall be granted by a civil Court].

Bar of

Jurisdiction.

68.       (1) Government may make rules in respect of stage carriages and contract carriages—

 

(a)      to provide for the licensing of persons acting as conductors of such carriages;

Power to

make rules

to stage

carriages

and contract carriages.

 

(b)      to regulate the conduct of persons licensed to act as drivers of, and the conduct and duties of conductors of such vehicles, when acting as such; and

 

(c)       to regulate the conduct of passengers in such vehicles.

 

            2. Without prejudice to the generality of the foregoing provisions, such rules may—

 

(a)      authorize the removal from such vehicle by the driver or conductor, or on the request of the driver or conductor, or any passenger by any police officer, of any person infringing the rules;

 

(b)      require a passenger who is reasonably suspected by the driver or conductor of contravening the rules to give his name and address to a police officer or to the driver or conductor on demand;

 

(c)       require a passenger to declare, if so requested by the drive or conductor, the journey he intends to take or has taken in the vehicle and to pay the fare for the whole of such journey and to accept any ticket provided there for;

 

(d)      require, on demand being made for the purpose by driver or conductor or other persons authorized by the owner of the vehicle production during the journey and surrender at the end of the journey by the holder there of any ticket issued to him;

 

(e)       require a passenger, if so requested by the driver or conductor, to leave the vehicles on the completion of the journey for which he has paid the fare;

 

(f)        require the surrender by the holder thereof on the expiry of the period of journey for which it is issued, of a ticket issued to him; 

 

(g)      require the maintenance of complaint books in stage carriages and prescribe the conditions under which passengers may record any complaints in the same.

 

69.       (1) Government may make rules for the purposes of carrying into effect the provisions of this Chapter.

 

            (2) without prejudice to the generality of the foregoing power, rules under this section may be made with respect to all or any of the following matters, namely:—

Power to

make rules

for the

purpose of

this chapter.

 

(i)        the period of appointment and the terms of appointment of and the conduct of business by Regional and Provincial Transport Authorities [118][the delegation of powers by them to their respective Chairmen or any Members] and the reports to be furnished by them; 

 

(ii)      the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees; 

 

(iii)    the forms to be used for the purposes of this Chapter, including the forms of permit; 

 

(iv)     the issue of copies of permits in place of permits mutilated, defaced, lost or destroyed; 

 

(v)       the documents, plates and marks to be carried by transport vehicles, the manner in which they are to be carried and the languages in which any such documents are to be expressed; 

 

(vi)     the badges and uniform to be worn by drivers and conductors of stage carriages and contract carriages; 

 

(vii)   the fees to be paid in respect of permits, duplicate permits, plates and badges; 

 

(viii)    the exemption of prescribed persons or classes of persons from payment of all or any portion of the fees, payable under this Chapter;

 

(ix)     the custody, production and cancellation on expiration, of permits, and the return of permits which have become void or have been cancelled;

 

(x)       the conditions subject to which a permit issued in one region shall be valid in another region; 

 

(xi)     the authorities to whom, the time within which and the manner in which appeals maybe preferred; 

 

(xii)      the construction and fittings of, and the equipment to be carried in by, stage and contract carriages, whether generally or in specified areas;

 

(xiii)    the determination of the number of passengers a stage or contract carriage is adapted to carry and the number of passengers which may be carried; 

 

(xiv)    the conditions subject to which goods may be carried on stage and contract carriages partly or wholly in lieu of passengers; 

 

(xv)      the safe custody and disposal of property left in a stage or contract carriage; 

 

(xvi)    regulating the painting or marking of transport vehicles and the display of advertising matter thereon, and in particular prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails; 

 

(xvii)     the conveyance in stage or contract carriages of corpses or persons suffering from any infectious contagious disease or goods likely to cause discomfort or injury to passengers, and the inspection and disinfection of such carriages, if used for such purposes; 

 

(xviii)   the provision of fitting taxi-meters of approved standard type on motor cabs and the examining, testing and sealing of taxi meters;

(xix)       prohibiting the picking up or setting down of passengers by stage or contract carriages at specified places or in specified areas or at places other than duly notified stands or halting places, and requiring the driver of a stage carriage to stop and remain stationary for a reasonable time when so required by a passenger desiring to board or alight from the vehicle at a notified halting place;

 

(xx)         the requirements which shall be complied with in the construction or use of any duly notified stand or halting place, including the provision or adequate facilities for the convenience of the users thereof, the fees, if any, which may be charged for the use of such stands or places, the staff to be employed then at and the duties and conduct of such staff, and generally for maintaining such stands and places in a serviceable and clean condition; 

 

(xxi)       the regulation of motor cab ranks; 

 

(xxii)     requiring the owners of transport vehicles to notify any change of address or to report the failure of or damage to any vehicle used for the conveyance of passengers for hire or reward; 

 

(xxiii)   authorizing specified persons to enter at all reasonable times and inspect all premises used by permit holders for the purposes of their business; 

 

(xxiv)    requiring a person in charge of a stage carriage to carry any person tendering the legal or customary fare; 

 

(xxv)      the conditions under which, the types of containers or vehicles in which and the seasons during which animals or birds may or may not be carried; 

 

(xxvi)    the licensing of and the regulation of the conduct of agents or convassers who engage in the sale of tickets for travel by public service vehicles or otherwise solicit business for such vehicles; 

 

(xxvii)     the licensing of and the regulation of the activities of agents in the business of collecting, forwarding and distributing of goods carried by transport vehicles;

 

(xxviii)      the inspection of transport vehicles and their contents and of the permits relating to them; 

 

(xxix)       the carriage of persons other than the driver in goods vehicles; 

(xxx)         the records to be maintained and the return to be furnished by the owners of transport vehicles; [119][……….];

[120][(xxxi) the classification of routes for the purposes of issuing of stage carriage permits; 

    (xxxii)    the form in which application should be made for grant of permits;

   (xxxiii)    the amount of security which should be made for grant of stage carriage and contract permits; and] 

  [121][(xxxiv)]           any other matter which is to be or may be prescribed. 

 

CHAPTER—V 


[122][[123][KHYBER PAKHTUNKHWA] ROAD TRANSPORT BOARD]

 

70.       (1) Government may establish a [124][[125][Khyber Pakhtunkhwa] Road Transport Board] for the purpose of operating road transport service in the Province and the [126][[127][Khyber Pakhtunkhwa] Road Transport Board] so established shall be a body corporate by the name of the [128][[129][Khyber Pakhtunkhwa] Road Transport Board] having perpetual succession and a common seal, and shall by that name sue and be sued.

[130][[131][Khyber Pakhtunkhwa] Road Transport Board].

           

            [132][(2) The Board shall consist of a Chairman and such number of members as may from time to time be appointed by Government.] 

 

            (3) The term of office, of the Chairman or a member shall be three years; 

 

            Provided that where the Chairman or member is a person in the service of Pakistan, his term of office shall be such as may be determined by Government.

 

            (4) On the expiry of the term of his office, the Chairman or a member shall be eligible for re-appointment for another term or for such shorter term as Government may determine.

 

            (5) The Chairman or any member may at any time resign his office; provided that his resignation shall not take effect until it is accepted by Government.

 

            (6) The Chairman or each member shall receive such salary and allowances as may be determined by Government and shall perform such duties as may be assigned to them under this Ordinance or the rules framed thereunder.

 

            (7) Government may, by notification in the official Gazette remove the Chairman or any member—

 

(i)        if he refuses or fails to discharge or becomes in the opinion of Government incapable of discharging his responsibilities under this Ordinance; or

 

(ii)      if he has been declared insolvent; or 

 

(iii)    if he has been declared to be disqualified for employment in, or has been dismissed from the service under the [133][Federal] Government or the Provincial Government or has been convicted of an offence involving moral turpitude; or 

 

(iv)      if he has knowingly acquired or continues to hold, without the permission in writing of Government, directly or indirectly or through a partner any share or interest in any contract or employment with or by or on behalf of the [134][Board] or in any land or property which to his knowledge is likely to benefit or has benefited as a result of the operations of the [135][Board]. 

 

            [136][(7a) A person employed for the purposes of an organization established under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code (Act No. XLV of 1860)]. 

           

            (8) Government shall consult the [137][Board] in all matters relating to the co-ordination of road and rail transport and in the fixation of areas and freights under Chapter IV. 

 

            (9) Government may make rules not inconsistent with the provisions of this Ordinance, prescribing the powers and functions of the [138][Board].

 

71.       (1) The [139][Board] may operate motor transport on any route it may think fit, and where it so operates such transport, the Provincial Transport Authority and a Regional Transport Authority shall, notwithstanding anything in this Ordinance, have no jurisdiction in relation to that transport.

 

            (2) The Provincial Transport Authority or the Regional Tran-port Authorities shall not grant or issue stage carriage permits on new route or routes wholly lying within an urban area to be notified in this behalf by Government, unless an offer has first been made to the [140][Board] to operate its services on such route or routes and the [141][Board] has declined to operate its services on such route or routes:

Transport authorities

to have no jurisdiction

in respect

of motor

transport

operated

by the

[142][Board].

 

            Provided that if the [143][Boards fails to operate its services on such route or routes within three months of the date on which the offer of the Provincial Transport Authority or the Regional Transport Authorities, as the case may be, was communicated to it, it shall be presumed that the [144][Board] has declined to operate its services on such route or routes.

 

72.       (1) The [145][Board] shall have power to acquire any property, movable or immovable, used in, or for or ancillary to, the operation of any motor transport conducted under this chapter.

 

            (2) Such acquisition may be made by serving a notice of acquisition on the owner of the property, or if such owner is not readily traceable or the ownership is in dispute, by a notice of acquisition published in the official Gazette and shall take effect from the beginning or the day on which the notice is served or published.

Power of

the [146][Khyber Pakhtunkhwa

Road

Transport

Board] to

acquire

Property

for motor

transport

operated

by it.

            (3) For any property so acquired there shall be paid compensation equivalent to the market value of the property acquired to be-calculated in such manner as Government may prescribe. 

            (4) If any dispute arises as to the amount of compensation payable under sub-section (3), it shall be referred to the arbitration of a person who is or has been a High Court Judge and his award shall be final and binding on the parties and shall not be called in question in any Court of law nor shall anything in the Arbitration Act, 1940, apply to such an arbitration.

CHAPTER—VI

CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF

 MOTOR VEHICLES.

73.       Every motor vehicle shall be so constructed and so maintained as to be at all times under the effective control of the persons driving the vehicles.

General

provision

regarding

construction

and

maintenance.

74.       (1) Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers.

Power to

make rules.

 

            (2) Without prejudice to the generality of the foregoing power, Government may make rules governing any of the following matters either generally in respect of motor vehicles or trailers or motor vehicles or trailers of a particular class or in particular circumstances, namely:—

 

(a)      the width, height, length and overhang of vehicle and of the load to be carried therein;

 

(b)      Seating arrangement in public service vehicles and the protection of passengers against the weather;

 

(c)       the size, nature and condition of tyres;

 

(d)      brakes and steering gear;

 

(e)       the use of safety glass;

 

(f)        signaling appliances, lamps and reflectors; 

 

(g)      speed governors; 

 

(h)      the emission of smoke, visible vapour, sparks ashes; grit or oil; 

 

(i)        the reduction of noise emitted by or caused by vehicles; 

 

(j)        Prohibiting or restricting the use of audible signals at certain times or in certain places; 

 

(k)       prohibiting the carrying of appliance likely to cause annoyance or danger; 

(l)        the periodical testing and inspection of vehicles by prescribed authorities; 

 

(m)    the particulars, other than registration marks, to be exhibited by vehicles and the manner in which they shall be exhibited; 

 

(n)      the use of trailers or semi-trailers with motor vehicles; and 

 

(o)      prohibiting or requiring the painting in particular colours of motor vehicles of particular description or for particular purposes or in particular area. 

 

CHAPTER-VII