Motor Vehicles Act, 1988
(1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used : Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage: Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a good carriage either when carrying passengers or not : Provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the holder to use the vehicle for the carriage of goods for or in connection with a trade or business carried on by him. (2) The holder of a goods carriage permit may use the vehicle, for drawing of any trailer or semi-trailer not owned by him, subject to such conditions as may be prescribed: 38[Provided that the holder of a permit of any articulated vehicle may use the prime-mover of that articulated vehicle for any other semi-trailer.] (3) The provisions of sub-section (1) shall not apply - (a) to any transport vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise; to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes; * S.5 of the T. N. Motor Vehicles (Special Provisions) Act, 1992 provides that the provisions of Ss. 3,4 and 6 of the 1992 T. N. Act shall have effect notwithstanding anything inconsistent therewith contained in Chaps. V and VI including S.98 of the Motor Vehicles Act, 1988. 39[***] (i) to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms; (j) subject to such conditions as the Central Government may, by notification in the Official Gazette, specify, to any transport vehicle purchased in one State and proceeding to a place, situated in that State or in any other State, without carrying any passenger or goods; (k) to any transport vehicle which has been temporarily registered under section 43 while proceeding empty to any place for the purpose of registration of the vehicle; 40[***] 39. Cl. (h) omitted by Act 27 of 2000, S. 4 (w.e.f. 11-8-2000). Prior to its omission. Cl. (h) read as under :- “(h) to any transport vehicle owned by, and used solely for the purposes of, any educational institution which is recognised by the Central or State Government or whose managing committee is a society registered under the Societies Registration Act, 1860 (21 of 1860) or under any law corresponding to that Act in force in any part of India;” 40. Cl. (l) omitted by Act 39 of 2001, S. 2. Prior to its omission, Cl. (l) read as under : - “(l) to any motor vehicle which is operated by electric battery, compressed natural gas or solar energy;” (l) to any transport vehicle which, owing to flood, earthquake or any other natural calamity, obstruction o n road, or unforeseen circumstances, is required to be diverted through any other route, whether within or outside the State, with a view to enabling it to reach its destination; (m) to any transport vehicle used for such purposes as the Central or State Government may, by order, specify; (n) to any transport vehicle which is subject to a hire-purchase, lease hypothecation agreement and which owning to the default of the owner has been taken possession of by or on behalf of, the person with whom the owner has entered into such agreement, to enable such motor vehicle to reach its destination; or (o) to any transport vehicle while proceeding empty to any place for purpose of repair; (4) Subject to the provisions of sub-section (3), sub-section (1) shall, if the State Government by rule made under section 96 so prescribes, apply to any motor vehicle adapted to carry more than nine persons excluding the driver. Corresponding Law. - Section 66 corresponds to section 42 of the Motor Vehicles Act, 1939. Objects and Reasons. - Clause 66 lays down that no motor vehicle shall be used as a transport vehicle without a permit issued by transport authorities to use the vehicle as such in a public place. It also provides for exemption of certain vehicles from the operation of the provisions of this clause on certain conditions and for usage for certain specific purposes.