Updated: Wednesday May 14, 2014/AlArbia'a
Rajab 15, 1435/Budhavara
Vaisakha 24, 1936, at 10:17:42 PM
The Motor Vehicles Rules, 1969
3rd November, 1969
In exercise of the powers conferred by
Sections 22, 43,68,69,70,74 ,”95 and 120 of the Provincial Motor Vehicles
Ordinance, 1965 (Ordinance, XIX of 1965,), and in supersession of the Punjab
Motor Vehicles Rules, 1940 the North-West Frontier motor Vehicles Rules, 1940
the Baluchistan Motor Vehicles Rules, 1940 and the Sind Motor Vehicles Rules,
140 the Governor of West Pakistan is pleased with the Government of West
Pakistan, Transport Department Notification No. T-9/225-65, dated the 26th
July, 1968 in the Gazette of West Pakistan, Part I, dated the 6th December,
1968, to make the following rules:---
Chapter I
Preliminary
1. Short title, extend and
commencement.- (1) These rules may be
called the
(2) They shall extend to the whole of
the
N.W.F.P. Amendment:
(2) They shall apply to the whole of the
3. They shall come into force at once.
For the word “Corporation” and the words Road
Transport Corporation” wherever occurring, the word “Board” and the words “North-West
Frontier Province Road Transport Board” shall respectively be substituted.
2.
Definitions : In these rules, unless the context otherwise requires,
the following expressions shall have the meaning hereby respectively assigned
to them, that is to say:---
(a) “Articulated vehicle” means a
motor vehicle to which a trailer is attached in such a manner that part of the
trailer super-imposed on, and part of the weight of trailer is borne by the
principle vehicle;
(b) “Government”: means the Government
of Pakistan;
(c) “Form” means a form set forth in
the First Schedule to the Ordinance or appended to these rules;
(d) “Forwarding Agent” means any
registered firm or a company with limited liability engaged in the business of
booking goods for transit from one place to another and permitted under Chapter
VIII of the rules to use a place for the loading, unloading and halting of
goods vehicles;
(e) “Motor cab rickshaw” means a motor
cab, with three wheels, the unladen weight of which does not exceed 900 pounds
avoirdupois, constructed, adapted or used to carry not more than two passengers
excluding the driver;
(f) “Motor cycle rickshaw” means a
motor vehicle with three wheels, the unladen weight of which does not exceed
900 pounds avoirdupois, constructed, adapted or used for private purposes,
other than for hire or reward, to carry not more than two persons excluding the
driver;
(g) “Motor Vehicles Examiner” means an
officer appointed by the Inspector-General of Police under rule 35;
(h) “Ordinance” means the Provincial
Motor Vehicles Ordinance, 1965 (Ordinance XIX of 1965);
(i) Passenger” for the purposes of the
rules in Chapter IV means any person traveling in public service vehicle other
than the driver or the conductor or an employee of the permit holder while on
duty;
(ii) “Tribunal” means Claims Tribunal
constituted under Sec. 67-A of the Ordinance.
(j) “pounds” means pounds avoirdupois;
(k) “province” means the
(I) “section” means a section of the
Ordinance;
(m) “urban area” means the area of a
municipality, small town or cantonment, or other local area which may be
specially notified by Government as urban area.
3.
Payment of fees: The fees prescribed in these rules shall be paid in
advance in accordance with the instructions and means notified by Government
from time to time.
4. Power
of Government to exempt motor vehicles from the operation of the rules:
Government, in consultation with the Provincial Transport Authority or the
Chairman, Provincial Transport Authority, if authorized by that authority in
this behalf, may, by order in writing: exempt any motor vehicles or class of
motor vehicles from the operation of all or any of these rules.
Licensing of Motor Vehicles
5. Licensing Authority: (1) The
licensing authority shall be the Superintendent of Police of the District or
Gazetted Police Officer nominated by him to act as such on his behalf.
(2) The area of jurisdiction of each licensing authority
shall be the area of the District.
Provided that the
Licensing Authority for the District of Peshawar shall be the Assistant
Inspector-General of the Police Traffic, or any person nominated by him in this
behalf.
5.
Licensing Authority: The Licensing
Authority for the grant of driving licences of various types of Vehicles shall
be as under:---
(i) for heavy transport Vehicles Assistant
Inspector-General of Police incharge of Transport; and Superintendent of Police
of the District concerned or any other Gazetted Police Officer authorised by
him in this behalf and where an Additional Superintendent of Police is incharge
of a Sub-Division of a District, such Additional Superintendent of Police;
(ii) for other Vehicles
Provided that for the purposes of renewal of a licence, other than a
licence for driving a light or heavy transport vehicle or a licence covered by
the proviso to sub-section (4) of Section 12 of the Ordinance, the Post Master
Incharge of a Post Office shall be the Licensing Authority.
Provided that for the purposes of renewal of licence, the Post Master
Incharge of a Post Office shall be the Licensing Authority.
6.
Authorization to drive a public service vehicle: (1) No person shall drive
a public service vehicle unless in his licence an authorization in Form C to
the Ordinance has been granted or counter signed by a licensing authority.
(2) No person shall drive a public
service vehicle on any road specified in the First Schedule to these rules
unless the words “Valid also for his Hilly Roads” have been added to the
aforesaid authorization by the appropriate licensing authority.
(3) Subject to the provisions of
sub-rule (4) a holder of a driving licence may at any time apply to the
licensing authority in Form L.P.S.A. for the grant or counter signature of the
aforesaid authorization and shall forward his driving licence with such
application,---
(4) No authorization to drive a motor
cab, other than a motor cab rickshaw, shall be granted unless the applicant
holds a valid licence to drive a motor car for one year or more. Similarly, no
authorization to drive a public service vehicle, other than a motor cab, shall
be granted unless the applicant has previous experience in driving a heavy
transport vehicle at least for one year. No such restriction shall apply in the
case of licence to drive a motor cab rickshaw:---
Provided that Government, if satisfied that any vehicle or class of
vehicles can without danger to public safety be permitted to be driven without
insisting on such previous experience as aforesaid, may, by general or special
order, exempt applicants for authorization to drive such vehicle or class of
vehicles from the operation of this sub-rule.
(5) The licensing authority to which
application is made as aforesaid may, if it thinks fit in order to ascertain
whether the applicant is a fit person for being granted the authorization, make
enquiries into his character and antecedents and by a notice in writing summon
him to appear before it at such time and place as it may be appointed and may
in the case of the holder of a driving licence issued outside the Province or
in the case of an application under sub-rule (7) require the applicant to pass
the test as set forth in the Third Schedule to the Ordinance notwithstanding
that the applicant shall previously have passed the test.
(6) if the licensing authority is
satisfied that the applicant in all respects fit to be authorised to drive a
public service vehicle, the driving licence shall be signed or counter signed
accordingly. The licensing authority shall then return the driving licence to
the applicant thereof and shall at the same time, if the driving licence was
issued by a different licensing authority send an intimation in Form L.P.S. to
such a licensing authority. The licensing authority shall refuse to grant or
counter sign the authorization if it finds that the applicant is not a fit
person to be charged with the safe carriage of passengers and property.
(7) Notwithstanding anything herein before
contained no person shall be authorised to drive a motor cab or a motor
rickshaw within the city of Karachi, Hyderabad, Multan, Lahore, Faisalabad,
Rawalpindi or Peshawar unless the appropriate licensing authority is satisfied
that such a person has adequate knowledge of the topographic features of that
city and has granted or counter signed authorization accordingly.
(8) Where a person holding an
authorization to drive a public service vehicle makes an application for its
renewal, then he shall, if so required by the licensing authority, submit
himself to medical examination to a registered medical practitioner and shall
obtain a certificate in Form B (as set forth in the First Schedule to the
Ordinance and forward it to the licensing authority together with driving
licence.
(9) If the licensing authority on
considering the certificate received by him under sub-rule (8) is of opinion
that the applicant is suffering from a disease which makes driving of a public
service vehicle by him undesirable, it may after giving the applicant an
opportunity of being heard refuse to renew the authorization applied for.
(10) If a licensing authority refuses to
issue or cancel or refuses to renew any licence it shall do so only after
giving the applicant an opportunity of being heard.
7.
Power to make inquiries of applicant for driving licence: Upon the
receipt of an application for a driving licence, the licensing authority may
make such enquiries as may reasonably be necessary to establish the identity of
the applicant and to ascertain that the applicant is not disqualified for
holding or obtaining a driving licence.
8.
Testing Officers: (1) The test of competence to drive as set forth in
the Third Schedule to the Ordinance, shall be conducted:---
(a) in the case of an application for a licence to
drive transport vehicle, other than delivery van, or to drive any vehicle as a
paid employee, by a Board consisting of:---
(i) the Secretary, Regional Transport
Authority of the area concerned;
(ii) the Motor Vehicle Examiner of
the area concerned; and
(iii) a representative of the Road
Transport Corporation.
The quorum of the meeting of the Board shall be two members, and one of the two
shall be the Vehicles Examiner.
(a) In the case of an application for
a licence to drive a public service vehicle, by a Board consisting of,---
(i) One representative of the Police
Department to be nominated by the Assistant Inspector-Genera! of Police
(Traffic);
(ii) One representative of the West
Pakistan Transport Federation; and
(iii) One MNA or M.P.A. of the
District, to be nominated by Government.
(iv) Deputy Superintendent of Police
(Headquarters) of the District.
The quorum of meeting of the Board shall be two members and one of the two
shall be the representative of the Police Department. The test shall be held at
least twice a month,---
(b) in the case of licence to drive any
other vehicle, by an Inspector or Sub-Inspector or Sergeant of Police
authorised by the Superintendent of Police in this behalf:---
Provided that in either case a second test may be conducted, if and
when so required by any officer authorised in this behalf by Government in
consultation with Inspector-General of Police, West Pakistan.
(2) Subject to sub-section (7) of Section 7, the applicant shall furnish a serviceable vehicle of the class to which the application refer and present himself for the test at such time and place as may be specified by the licensing authority or the testing officer.
(3) The fee payable by the applicant for the test of competence to drive
shall- be five rupees for each test and shall be paid before the test is
commenced. It shall not be refunded in any circumstances:---
Provided that no fee for the test of competence shall be payable by the
applicant:---
(a) if he is employed in the service
of the Central or the Provincial Government for driving a motor vehicle; or
(b) if he is ex-serviceman and
produces a certificate of proficiency in driving a motor vehicle from an
officer of the Armed Forces of Pakistan; or
(c) if he has been exempted by
special or general order of the Government.
9.
Testing of trainees of the Road Transport Corporation: Notwithstanding the
provision of rule 8, in the case of a trainee of the Road Transport Corporation
Training School, recognised by the Board of Technical Education, West Pakistan,
the test of competence to drive as set forth in the Third Schedule, Part I to
the Ordinance, shall be conducted by a Board consisting of:---
(i)
a
representative of the Board of Technical Education,
(ii)
Motor
Vehicles Examiner of the area concerned; and
(iii) the Principal of the
The quorum for the meeting of the Board
shall be two members.
9. Exemption from Part I of the test
specified in the Third Schedule of the Ordinance: The applicant for a licence in possession of a driving
certificate issued by a driving institute recognized by the Board of Technical
Education in consultation with the Punjab Provincial Transport Authority, shall
be exempted from the test of competence to drive as set forth in Part I of the
Third Schedule to the Ordinance.
9-A.
Minimum experience for a driving test: The minimum experience of driving
required for appearing in a test of competence shall be to drive six weeks from
the date of such failure.
9-B.
Re-appearance of a driving test: A person who fails to qualify in a test of
competence to drive may re-appear in the test after a period of six weeks from
the date of such failure.
10. Appellate
Authority: (1) The authority empowered under sub-section (3) of Section 14
and sub-section () of Section 16 to hear appeals against the decisions of a
licensing authority shall be the Deputy Inspector-Genera! of Police having
jurisdiction in the District.
(2) The authority empowered under
sub-section (4) of Section 17 to hear appeals against the decision of a
Regional Transport Authority shall be the Chairman, Provincial Transport
Authority.
11.
Conduct and hearing of appeals: (1) An appeal under rule 10 shall be
preferred in duplicate in the form of a memorandum one copy of which shall bear
a Court-fee of one rupee, setting forth concisely the grounds of objection to
the order of the licensing authority or the Regional Transport Authority, as
the case may be, and shall be accompanied by a certified copy of that order.
(2) When an appeal is lodged a notice
shall issue to the authority against whose order the appeal is preferred in
such form as the appellate authority may direct.
(3) The appellate authority after giving
an opportunity to the parties to be heard, and after such further enquiry, if
any, as it may deem necessary, may confirm, vary or set aside the order from
which the appeal is preferred and shall make an order accordingly.
(4) Any person preferring an appeal under
the provisions of the Ordinance and of this rule shall be entitled to obtain a
copy of any document filed with the licensing authority in connection with any
order against which he is appealing, on payment of a fee at the rate of fifty
paisa per page.
12.
Photograph to be affixed to the medical certificate: (1) The photograph to
be affixed to the medical certificate of fitness in Form B shall be firmly
affixed to the form and the medical practitioner shall affixed his signature or
seal to the photograph in addition to signing the form.
(2) The licensing authority may decline to
accept a medical certificate of fitness granted more than one month before the
date of application for the grant or renewal of a licence as the case may be.
13.
Requirements as to photograph: (1) The copies of the photograph required by
sub-section (4) of Section 7 shall be not more than two inches by two inches
and half in size.
(2) The photograph of the licence-holder
when affixed to the licence shall be sealed with the seal of the licensing
authority in such a manner that part of the impression of the seal is upon the
photograph and part on the margin.
(2-A). The thumb-impression of the
applicant shall be obtained on the application form and portion thereof
containing the thumb-impression shall be affixed on the licence issued to him.
(3) If at any time it appears to a
licensing authority that the photograph affixed to a licence has ceased to be a
clear licence authority may require the holder to surrender the licence
forthwith and to furnish two clear copies of a recent photograph of himself,
and the holder shall, within such time as the licensing authority may specify,
appear in person before the licensing authority and present photographs
accordingly.
(4) Upon receipt of the copies of the
photographs as provided in the preceding sub-rule, the licensing authority
shall remove the old photograph from the licence and affix and seal thereto one
copy of the new photograph and return the licence to the applicant, and shall,
if he is not the” licensing authority by whom the licence was issued, forward
the licence alongwith two attested copies of the recent photographs to the
authority who issued the same. These photographs shall be compared with the
photograph on record with the licensing authority, and, if in order, affix one
copy on the licence and after sealing photograph, return the licence to the
licensing authority to whom the application was made and such authority shall
return the licence to its holder. The other copy of the photograph shall be
retained on the record of the issuing authority:---
Provided that “f that holder of the licence so desires the licensing
authority shall issue a duplicate licence with the new photograph affixed
thereto and shall destroy original licence.
(5) When a new photograph is affixed to a
licence, a note shall be made upon the photograph of the date of affixure.
(6) The fee for a duplicate licence issued
under the proviso to sub-rule (4) shall be five rupees.
14.
Licences lost or destroyed: (1) If at any time a licence is lost by
the holder or is destroyed, the holder shall forthwith intimate the facts in
writing in Form L L D or in a letting setting out the particulars required by
Form L L D, to the licensing authority in whose area he has his place of
residence at the time.
(2) Upon the receipt of intimation as
aforesaid the licensing authority shall, if he is not authority by whom the
licence was issued, forward the application along with the two attested copies
of recent photograph to the licensing authority concerned, who after making
such enquiries as he thinks fit shall, if he is satisfied that a duplicate may
be issued, issue a duplicate and send it to licensing authority to whom the
application was made, and it shall return the duplicate to the holder thereof.
(3) Where a photograph is required to be
affixed to a duplicate licence issued under the provisions of those rules, the
holder of the licence shall furnish the licensing authority with two clear
copies of recent photograph of himself, one of which shall be affixed to the
duplicate licence.
(4) The fee for a duplicate licence issued
under the rule shall be five rupees; provided that if the licence is lost while
in the custody of a Court or an authority to which it has been submitted or
surrendered in pursuance of the provisions of the Ordinance or these rules, a
duplicate copy shall be issued free of charge.
(5) When a duplicate licence has been
issued upon representation that a licence has been lost and the original
licence is afterwards found by the holder he shall deliver it forthwith to the
licensing authority who issued the duplicate.
(6) Any other person finding a licence
shall deliver it to the nearest Police Station or nearest licensing authority.
The Officer-in-charge of the Police. Station, on receipt of the driving
licence, shall immediately forward it to the nearest licensing authority. The
licensing authority shall restore the driving licence in case the duplicate
driving licence has not been issued and shall substitute it for the duplicate
in case such a duplicate has already been issued.
15. Defaced or torn licences: (1) If at any time it appears to a licensing authority
that a licence held by any person is so torn or deface that it has ceased to be
reasonably legible or that any important part of the original licence has been
detached or is missing or that any unauthorized alterations have been made, the
licensing authority may impound the licence and issue a duplicate.
(2) If any of the entries are illegible or
are missing or it appears that they have been detached or altered without
authority, the licensing authority shall, if he is not the authority by whom
the licence was issued, toward the licence alongwith two attested copies of
recent photographs, to licensing authority concerned, who after making such
inquiries as he thinks fit, shall, if he is satisfied that a duplicate may be
issued, issue a duplicate and send it to the licensing authority, who impounded
the licence and it shall be delivered to its holder. It is established that
deliberate alteration has been made in the licence, the licensing authority
shall be competent to cancel the licence after affording an opportunity of
being heard to the holder of such a licence.
(3) If a licence impounded as aforesaid is
required to have a photograph of the holder affixed thereto, then:---
(i) if the
photograph on the impounded licence is in the opinion of the licensing
authority satisfactory and conveniently transferable to the duplicate licence,
the licensing authority may so transfer, affix and seal the photograph to the
duplicate licence; or
(ii) if the photograph
affixed to a licence impounded under the provision of sub-rule (8) is not in
the opinion of the licensing authority such as can be transferred to the
duplicate licence, the holder of the licence shall on demand by the licensing
authority furnish two clear copies of a recent photograph of himself one of
which shall be affixed to the duplicate licence and sealed and the other shall
be recorded by the licensing authority by whom the licence was issued.
(4) The fee for a duplicate licence issued
under this rule shall be five rupees.
In sub-rule (4) for the words “five rupees” the words “Ten rupees” substituted.
16. Issue of duplicate licences: When a duplicate licence is issued
under rule 13, rule 14 or rule 15, it shall be clearly stamped “Duplicate” in
red and shall be marked with the date of the issue of the duplicate and the
seal of the licensing authority.
17. Temporary authorization in lieu of a licence: (1) Where the holder
of a licence has surrendered it to a licensing authority at other authority for
renewal or for obtaining an endorsement to drive a public service vehicle, or
for any other purpose under the Ordinance or these rules, and has deposited the
prescribed fee, and the licence has not been suspended or cancelled, the
licensing authority or other authority shall furnish him with receipt for the
licence in Form L-Tem or Form L-Tem (Police) and during such time as the
receipt shall be specified to remain in force it may be produced in place of
the licence under sub-section (1) of Section 90.
(2) The granting authority in the case of a receipt in Form L-Tem, or a
Magistrate or the first class in the case of a receipt in Form L-Tem (Police),
may at his discretion extend the term of the receipt issued under the preceding
sub-rule by order endorsed thereon provided that a Magistrate shall not extend
the term of a receipt if the holder of the licence is present before him and
the licence is available in Court.
(3) No fee shall be payable in respect of a receipt given under this rule.
18. Procedure when licence is forwarded to a Court: (1)
Notwithstanding the proviso to sub-section (1) of Section 90, in cases where a
driver driving as paid employee or the driver of a transport vehicle has
forwarded his licence to a Court under sub-section (2) of Section 116, it shall
subject to the condition in sub-rule (2) be a sufficient compliance with
Section 90 if he produces the licence within ten days (or in the case of any
driver, if he does not receive the licence back from the Court within ten days,
then within four days of its receipt) at a police station or such other
place-in the region as may be specified by the police officer or other
authority making the demand.
(2) No driver shall be entitled to the benefit of sub-rule (1) unless he
exhibits to the police officer or authority who has demanded the production of
his licence:---
The summons received by him from the Court, being a
summon requiring him to attend on a date not more than fourteen days before or
after the date on which the demand is made, and
Postal receipt for the registered letter under which the
licence has been forwarded to the Court.
19. Learner”s driving licence: (1) Section 3 shall not apply to
any person driving a motor vehicle in a public place during the course of
receiving instructions or of gaining experience in driving with the object of
presenting himself for the test required by sub-section (6) of Section 7 so
long as:---
(i) the driver has obtained and carries a learner’s driving licence in Form
L.Lr. entitling him to drive the vehicle;
(ii) there is, besides the driver, in the vehicle as instructor a person duly
licensed to drive the vehicle and sitting in such a position as to be. able
readily to stop the vehicle;
(iii) there is affixed both to the front and rear of the vehicle a white plate
or card seven inches square bearing the letter “L” in red four inches high and
three and-a-half inches wide;
(iv) no fare-paying passengers are carried in the vehicle:---
Provided that clause (ii) shall not apply to a person driving a
two-wheeled motor cycle with or without a side car attached.
(2) A separate application for a learner”s driving licence for each type of a
motor vehicle shall be made in LLR. A to the licensing authority having
jurisdiction in the area in which the applicant ordinarily resides and shall be
accompanied by a fee of rupees ten.
(3) An applicant for a learner”s driving licence shall, if so required by a
licensing authority, present himself for a preliminary oral test in the road
traffic regulations.
(4) A learner”s driving licence shall be valid for a period of six months and
may be renewed for a further period of six months on payment of a fee of rupees
two for such renewal.
(5) A licensing authority may after giving an opportunity of being heard refuse
to issue or renew a learners” driving licence or may revoke such a licence
issued by it for reasons to be recorded in writing which should be communicated
to the applicant or the learner”s driving licence holder, as the case may be.
(6) Any person aggrieved by an order passed under sub-rule (5) may appeal
within thirty days to the Deputy Inspector-General of Police of the area, whose
decision shall be final.
(7) A person driving as a learner shall produce his learner”s driving licence
for examination on the demand of any police officer in uniform.
20. Disqualification under Sections 16 and 17: (1) A licensing
authority taking possession of a licence under sub-section (2) of Section 16
shall, if the licence was issued under the Ordinance and was granted by another
licensing authority, intimate the fact to that authority.
(2) A Regional Transport Authority, before declaring a person disqualified for
holding or obtaining a licence to drive a transport vehicle in the Province,
shall give such a person an opportunity of being heard.
(3) When a Regional Transport Authority declares a person disqualified under
sub-section (1) of Section 17, it shall, if the person holds a licence, endorse
the licence accordingly and shall send intimation of such declaration to the
authority by whom the licence was issued.
21. Intimation to original authority of endorsements and renewals:
(1) The Court making or causing to be made an endorsement on a licence under
section 20 shall send intimation in Form L E to the licensing authority by whom
the licence was issued and to the licensing authority by whom it was last
renewed.
(2) A licensing authority renewing a licence under the provisions of subsection
(5) of Section 12 shall intimate the fact to the licensing authority by whom
the licence was issued in Form LLR.
22. Change of address of licence holder: The holder of a licence
entitling him to drive as a paid employee or to drive a public service vehicle
shall, except in the case of a temporary absence not involving a change of
residence for a period exceeding three months” report any change of his
temporary or permanent address as notified on the licence to the licensing
authority by whom the licence was issued and to the licensing authority by whom
it was last renewed.
23. Schools of motoring: (1) No person shall engage in the
business of giving instruction in the driving of motor vehicles shall any
person advertise or otherwise publicly undertake to give such instruction,
without a licence and constituting the said person as a school of motoring.
(2) Any person desiring to obtain a licence for enabling him to engage in the
business referred to in sub-rule (1) shall make an application for the purpose
to the licensing authority of the area in which he has his place of business.
(3) The licensing authority may, on receipt of an application under sub-rule
(2), grant a licence in Form M. S. to the applicant for engaging in the
business of giving instruction in the driving of motor vehicles or for
advertising or otherwise publicly undertaking to give such instructions as may
be specified in the application and subject to compliance with such conditions,
if any, as may be specified in the licence and constitute the applicant a
school of motoring or may refuse to grant a licence. Where a licence is
refused, the licensing authority shall furnish the applicant an order in
writing setting forth the reasons of such refusal.
(4) A licence granted under sub-rule (3) shall be valid for a period of three
years and may be likewise renewed from time to time.
(5) The licensing authority shall in exercising its powers in granting or
renewing or refusing a licence under this rule have regard to the following
factors, that is to say, that:---
(i) the applicant and staff are of good moral character and qualified to
give instruction;
(ii) the premises where the school is proposed to be conducted is either
owned by the applicant or hired in his name and consists of at least one room
commodious enough to accommodate the students under-training and sufficient to
provide for amenities such as water-taps and lavatories;
(iii) the financial resources of the proposed school are sufficient to
provide for it continued maintenance;
(iv) the applicant maintains at least two motor cycles, two motor cars,
two light transport vehicles and one heavy motor vehicle of each to these
categories of motor vehicle for which he desires a licence:---
Provided that the vehicle required to be maintained are all registered
in the name of applicant, or available exclusively for training purposes, and
except for motor cycles, are fitted with dual control;
(v) the applicant maintains the following apparatus and equipment, namely:---
(a) Black-Board;
(b) Road plan board with necessary Toy Signals and charts;
(c) Traffic sign chart;
(d)
Road signals chart;
(e) Service Chart detail view of all components of motor vehicles;
(f) Engine assembly, rear axle assembly, gear box assembly; of one of the well-known
makers such as Chevrolet or; Ford V-8, Dodge, Fargo, except where the
applicant; desires to give instructions in riding of motor cycles only;
Sectionalized as to reveal the working parts.
(g) Chassis assembly of (one of the well-known makes, such as Ford, Chevrolet,
Leyland, Bed Ford, Dodge, Austin) complete steering mechanism, suspension axles
and brake drum shoes, except where the applicant desires to give instructions
in riding of motor cycles only;
(h) puncture repair kit with tyre lever, wheel brake, jack, tyre-pump and tyre
pressure gauge;
(i) Spanners (a set each of fixed spanners, box spanners, pliers, screw
drivers, screw spanners and a hammer);
(j) Driving Instructions Manual;
(k) The
(I) Desks for students and work benches;
(m) Complete
electrical equipment on a bench to demonstrate the working of lights,
self-starter dynomo cut-out-battery and switches;
(vi) the applicant or any member of the paid
staff employed by him for giving instructions possesses the following
qualifications, namely:---
(a) at least 5 years” driving experience in
addition to a certificate in motor mechanics course or any other equivalent
qualification from an institution recognised by Government;
(b) a through knowledge of traffic signs
specified in the Ninth Schedule to the Ordinance, and of the driving
regulations specified in the Tenth Schedule to the Ordinance, so as to be able
to import instructions therein to the satisfaction, of the licensing authority;
(c) ability to demonstrate and explain the
functions of different component parts of the vehicle in his possession, to the
satisfaction, of the licensing authority;
(d) adequate knowledge of either English or
Urdu or a regional language of the region in which the school is established so
as to be able to impart all the instructions in the said language;
(e) an Adult First Aid Certificate issued by
the St. John Ambulance Association (
(vii) the applicant maintains fully equipped
first-aid sets for use in emergencies at the premises of the training school
and in each of the vehicles for training;
(viii)the need of a school of motoring in the
particular locality:
Provided that before passing an order of refusal, to renew the Authority
shall give to the licence an opportunity of showing cause against the proposed
order.
(6) The applicant shall maintain a record
with photographs of the students attending the school from time to time, the
duration of their instructions and the date on which they passed the test in
driving specified in the Ordinance.
(7) The licence shall submit to the licensing
authority such information and such returns as may be called for by it.
(8) The licensee shall,---
(a) not alter the place of business of the
school of motoring mentioned in the licence without the prior approval of the
licensing authority obtained in writing;
(b) keep the premises of the school at
reasonable times for inspection by any person deputed by the licensing
authority.
(9) It shall be lawful for licensing
authority by an order in writing to approve the nature and duration of courses
of instruction and the number of pupils to be instructed at any one time.
(10) The fees to be charged by a licensee
shall be at such rates as may be fixed by the licensing authority and the fees
so fixed shall not be varied without the prior approval of such authority
special fee may subject to the approval of the licensing authority be charged
for special courses.
(11) The licensing authority may by order in
writing suspend or cancel a licence granted under sub-rule (3) if a licensee:---
(a) fails to maintain the equipment, vehicles
and other matters referred to in sub-rule (5) in accordance with the standard
envisaged by that sub-rule, or fails to comply with the provisions of that
sub-rule or any other provisions of this rule; or
(b) fails to maintain the vehicles of the
school in accordance with the provisions of rules; or
(c) does not impart proper instructions as
indicated by the results of driving tests or otherwise; or
(d) for any other reason considered
sufficient:---
Provided that no such order shall be made unless:---
(a) the reasons for suspension or
cancellation of licence are recorded in the order and the copy of the order is
furnished to the licensee; and
(b) the licensee has been given an
opportunity of showing cause against the order which the licensing authority
proposes to make.
(12) Where the licence is cancelled or
suspended under sub-rule (11), Form M.S. shall be surrendered to the licensing
authority by the holder thereof.
24.
Appellate authority: (1) The authority to hear appeals against any of the
following orders passed by the licensing authority under rule 23, shall be the
Deputy Inspector-General of Police having jurisdiction in the District namely:---
(a) order granting, suspending or cancelling
a licence for the establishment of a school of motoring;
(b) order refusing a request to alter the
place of business of school of motoring;
(c) order fixing the rate of fees or refusing
approval to the charging or special fees for special courses;
(d) any order passed under sub-rule (9) of
that rule.
(2) Any person aggrieved by any such order
passed by the licensing authority may within thirty days of the date of the
receipt of such order, appeal to the Deputy Inspector-General of Police.
25.
Conduct and hearing of appeals: (1) An appeal under rule 24 shall be
preferred in duplicate in the form of a memorandum setting forth concisely the
grounds of objection to the order of the licensing authority and shall be
accompanied by a fee or rupees two and a certified copy of such order.
(2) When an appeal is lodged a notice shall
be issued to the licensing authority in such form as the appellate authority
may direct.
(3) The appellate authority, after giving an
opportunity to the parties to be heard and after such further enquiry, if any,
as it may deem necessary, may” confirm, vary or set aside the order of the
licensing authority and shall make an order accordingly.
(4) Any person preferring an appeal under
rule 24 shall be entitled to obtain a copy of any document filed with the
licensing authority in connection with any order against which he is preferring
an appeal, on the payment of a fee of rupees two in respect of each such
document.
(5) Subject to the provisions of sub-rule
(4), the appellate authority or the licensing authority may, in his or its
discretion, give any person interested in such appeal, copies of any documents
connected with the appeal, on payment of a fee of rupees two per copy of each
document.
26.
Fees for the issue and renewal of driving licences: The following
fees shall be payable respectively for the issue and renewal of driving
licences under sub-rule (9) of Section 7 and sub-section (4) of Section 12:---
(i) fee for the issue of driving licence
...... Rs. 20.00
(ii) fee for the renewal of driving
licence:---
(a) where the application for renewal is made
within thirty days from the date of expiry of the licence ...... Rs.
10.00
(b) where the application for renewal is made
after thirty days of the date of expiry of the licence ......
Rs. 30.00
26-A.
Renewal of licence by Postal Authorities: A licence shall be renewed
at the Post Office in the manner and in accordance with the procedure laid down
in the Punjab Renewal of Repetitive Licences-Arms/Driving Licences and payment
of Motor Vehicles Tax through Post Office Rules, 1970.
27. Certain persons to be exempted from driving
licence fees: No fee shall be charged,---
(a) for the issue or renewal of a driving licence or a
learner”s driving licence,---
(i) to a person employed in the service of the
Federal or the Provincial Government for driving a motor vehicle; or
(ii) to such Foreign Consular Officer to Carrier or
to such class of person as Government by a general or special order specify in
this behalf;
(b) for the issue or renewal of a driving licence to
an ex-serviceman holding a certificate of proficiency in driving a motor
vehicle from an officer of the Armed Forces of Pakistan.
Chapter III
Registration Of Motor Vehicles
28. Registering Authority: (1) The
registering authority shall be me Excise and Taxation Officer of the District.
(2) The area of jurisdiction of each registering authority shall be the area of
the District.
(3) The registering authority, before cancelling or suspending the certificate
of registration of a motor vehicle, shall give the owner and opportunity of
being heard.
29. Appellate
authority: (1) The authority to hear appeals against any appealable order
passed by a registering authority under Chapter III of the Ordinance shall be
the Director Excise and Taxation having jurisdiction in the district.
(2) The authority to hear appeals against any order passed to suspend
certificate of registration under Section 39 read with rule 35 shall be the
Director, Excise and Taxation having jurisdiction in the area.
(3) The authority to hear appeals against an order in respect of a certificate
of fitness under Section 39 read with rule 35 shall be the Superintendent of
Police having jurisdiction in the area to which the order was passed.
30. Conduct and hearings of appeals: (1)
An appeal under rule 29 shall be preferred in duplicate in the form of a
memorandum, setting forth concisely the grounds of objection to the order of
the registering authority or the Motor Vehicles Examiner, as the case may be,
and shall be accompanied by a fee of rupees five and a certified copy of that
order. The Director, Excise and Taxation, or the Superintendent of Police, as
the case may be may, if the appeal succeeds, refund the fee in whole or in
part, as he thinks fit.
(2) The appellate authority after giving an opportunity to the parties to be
heard and after such further enquiry, if any, as it may deem necessary, may
confirm, vary or set aside the order of the registering authority of the Motor
Vehicles Examiner or the Court, as the case may be, and shall make an order
accordingly.
(3) Any person preferring an appeal under the rule shall be entitled to obtain
a copy of any document filed with the registering authority or the Motor
Vehicles Examiner or the Court in connection with any order against which he is
preferring an appeal on the payment of a fee of rupees two in respect of each
such document.
(4) Subject to the provision of sub-rule (3), the Director, Excise and Taxation
or the Superintendent of Police may give any person interested in such appeal,
copies of any document connected with the appeal, on payment of a fee of rupees
two per copy of each document.
31. Assignment registered weights: In assigning any weight other
than the unladen weight to a transport vehicle under Section 28, the
registering authority may, if the owner so desires, assign a weight less than
the maximum permitted by the provisions of that section as the registered laden
weight or the registered axle weight of any axle.
32. Assignment and exhibition of registration marks: (1) The
registration marks to be assigned under sub-section (3) of Section 25 are set
forth in the Sixth Schedule to the Ordinance.
(2) The registration marks shall be clearly and legibly exhibited on a plane
surface on a plate or part of the vehicle both at front and rear facing direct
to the front or rear, as the case may be, in the manner hereinafter specified
Motor Vehicles owned by Government Departments, except those of the Special
Branch, shall carry the distinctive registration plate in the form illustrated
in the Second Schedule to these rules. The name of the Department to which the
vehicle belongs shall be shown in this rule. In the case of a public service
vehicle, the registration mark shall also be exhibited on a plane surface
inside the vehicle, above the wind screen.
(3) The registration mark shall be in English letters and numerals, and:---
(a) save in the case of a motor cycle or a motor cab rickshaw or a motor cycle
rickshaw or an invalid carriage the letters shall be not less than two
and-a-half inches high and a five-eighths of an inch thick at any part; the
numeral shall not be less than three and-a-half inches high and three-quarter
of an inch thick at any part, and there snail be space between any letter and
any numeral, and between any letter or numeral and the edge of the plance
surface, of not less than half an inch and a space between any two letters and
between any two-numerals of not less than three-eighth of an inch;
(b) in the case of a motor cycle or a motor cab rickshaw or a motor cycle
rickshaw or an invalid carriage, letters shall be not less than one and
two-third inches high and half an inch thick at any part, and there shall be
space between any letter and any numeral, and between any letter or numeral and
the edge of the plane surface, of not less than a third of an inch and a space
between any two numerals of not less than a quarter of an inch.
(4) The plane surface aforesaid shall not be inclined from the vertical by more
than thirty degrees. The letters and numerals shall be exhibited in the
following manner,---
(a) in the case of a transport vehicle, other than a motor cab excluding motor
cab rickshaw, both registration marks assigned to the vehicle shall exhibit the
letters and numerals in two separate horizontal lines, the letters above and
the numerals below;
(b) in all other cases, the registration marks may exhibit the letters and
numerals either in two horizontal lines as aforesaid or in one horizontal line.
(5) Notwithstanding anything contained in sub-rule (2), the registration mark
exhibited at the front of a motor cycle of an invalid carriage may be displayed
on a plate in a line with the axis of the vehicle and shall in such case be
displayed on both sides of roof plate.
(6) The front and rear registration mark exhibited on a public service vehicle
shall be affixed at a distance of not less than eighteen inches from the ground
level.
(7) If the letters and numerals are exhibited in any polished metallie surface
they shall have plane and not rounded surfaces.
(8) (a) [The registration plates shall
be issued in respect of various classes of Vehicles on payment at the following
rates:---
(i) Motor Cycle Rickshaws, Rupees ten per single
Scooters and Motor Cycles; plate.
(ii) Trucks and Trailers Rupees seventy-five
for a set of three plates.
(iii) Other Vehicles. Rupees fifty for a set
of two plates.
(b) The size of the registration plate shall
be of [16’x 5.5’] in case of the front plate and 13’ x 7’ in case of the rear
plate for non-commercial vehicles, and 13’ x 7’: for both the plates for
Commercial Vehicles;
Provided that the size of registration plate for motor cycle
rickshaws, scooters and Motor Cycles shall be ‘6.5’ x 6.5’.
(c) The registration plates issued to any
class of vehicles shall be in such colour as may be notified out of the
following group of colours:---
(i) Non-commercial Vehicles:---
(1) Sky-blue letters and numerals on white
background.
(2) Black letters and numerals on white
background.
(3) Red letters and numerals on white
background.
(4) Navy-blue letters and numerals on white
background.
(5) Black letters and numerals on yellow
background.
(ii) Commercial Vehicles:
(1) White letters and numerals on white background.
(2) White letters and numerals on black
background.
(3) White letters and numerals on red
background.
(4) White letters and numerals on navy-blue
background.
(iii) Government Vehicles:
(1) Green letters and numerals on white
background.
(2) White letters and numerals on green
background.]
(a) Scooters and Motor Cycles:
Sky blue letters and numerals on white
background.
(b) Motor Cycle. Rickshaws:
White letters and numerals on sky blue
background.
(d) The
registration plates shall be alpha-numeric in character comprising embossed
alphabets (excluding I and 0), four digits, monogram of Sind Government and the
name of respective District;
Provided that the registration plate for Motor Cycle Rickshaws,
Scooters and Motor Cycles shall comprise one alphabet, five digits, monogram of
Sind Government and name of respective District White letters and numerals on
dark blue background with ‘Sind Police’ inscribed underneath.
32-A.
(1) Any motor vehicles which is the property or for the time being under the
exclusive control of a foreigner on non-diplomatic assignment to
Country diplomatic number followed by registration marks allotted by the
Registering Authority in
(2) Except as provided under sub-rule (1)
above no motor vehicles in the use of the foreigners on non-diplomatic
assignment in
33.
Registration mark a trailer: (1) The registration mark of a trailer shall
be exhibited on a plane plate or surface on the left hand side of the trailer.
The letters, figures, space and margin shall be of dimensions not less than
those prescribed in (b) of sub-rule (3) of rule 32.
(2) The registration mark of the drawing
motor vehicle required by the Ordinance to be affixed to the rear of a trailer
shall be in conformity with all the provision of these rules applicable to the
registration mark affixed to the rear of a motor vehicle.
34.
Particulars to be printed on transport vehicles: (1) Save in the case of
motor cabs, delivery vans or trailers of the nature specified in clause (h) of
sub-section (3) of Section 44, the particulars set forth below shall be
exhibited in a fixed frame inside the vehicle in the driver’s cab, in English
letters and numerals:---
1. Registered No. of vehicle.
2. Name and address of owner as set forth in
the Certificate of Registration
3. The
Registered Unladen Weight in Ibs. denoted by U.W.
4. The Registered Laden weight in Ibs.
denoted by R.LW.
5. Carrying capacity:---
(a) If a stage or a contract carriage, the
number of the passengers of whom accommodation is provided
(i) Upper class
(ii) Lower class and (b) if a goods vehicle, in Ibs.
6. Registered Front Axle Weight in Ibs. denoted by F.A.W.
7. Registered Rear Axle Weight in Ibs. denoted by R.A.W.
8. Number and size of tyres:---
(a) Front Axle
(b) Rear Axle
(c) Intermediate Axle, if any
Signature and name of the Motor Vehicle
Examiner..........
Signature of the authorised person..............
Seal of the licensed Automobile Workshop. Licence
No.....................................................
Place of issue.................................................
2) The full name of the company, society, firm or person
owning the vehicle as set forth in its registration certificate shall be
exhibited on both sides of every transport vehicle other than motor cabs,
delivery vans and trailers, in block letter measuring four inches in height and
three-fourths of an inch in thickness:---
Provided that with the approval of the Regional Transport Authority
concerned abbreviation of names may be used.
2-A.
In every motor cab, rickshaw and motor cab, used as taxi, the registration
mark, name and photograph of the driver and name and address of the owner of
the vehicle shall be exhibited in a fixed metal frame of six square inches
inside the cabin in such a manner as to be clearly visible to the passengers
traveling in such vehicles.
(3) In the case of a motor cab, or a motor
cab rickshaw, the word ‘TAXI’ shall be painted in white in a middle of the wind
screen as well as of the rear glass. The letters shall be not less than 2.5
inches high and 5/8th of an inch thick at any part. The word ‘Private’ in block
letters not less than 2.5 inches high and 5/8th of an inch thick at any part
shall be painted in red in the middle of the wind-screen of a motor cycle
rickshaw.
(4) This rule shall not apply to any vehicle
registered under section 40 or 41.
(4) The registration mark of a motor cab or a motor cab rickshaw used as taxi
shall be painted in red on the upper left corner of the front wind screen in
the letters and digits of 5/6 inch height and 7/60 inch width.
(5) This rule shall not apply to any vehicle registered under Sec. 40 or
Section 41.
35. Issue and renewal of certificate of fitness: (1) (a) The authority
prescribed to issue or renew a certificate of fitness and to perform all other
functions which are to be discharged by a prescribed authority under section
36, shall be:---
(i) in the case of vehicles owned and operated by the Road Transport
Corporation established under section 70, the Works Manager of the Corporation
or any other officer appointed by it for the purpose; and
(ii) in the case of other vehicles, the Motor Vehicles Examiner appointed by
the Inspector-General of Police,
(b) The authority granting a certificate of
fitness shall send copy thereof of the registering authority concerned:---
Provided that the Regional Transport Authority may authorise any
licensed Automobile Workshop to perform the functions of a Motor Vehicles
Examiner.
(ii) In the case of other vehicles the Motor
Vehicles Examiner appointed by the Inspector-General of Police, North-West
Frontier Province, who shall examine the vehicle in the presence of the Deputy
Superintendent of Police (Headquarter) or any Deputy Superintendent of Police
deputed by the Superintendent of Police of the District concerned and grant the
fitness certificate only when both are of the view that the vehicle is fit for
further use.
(2) An application for the issue or renewal
of certificate of fitness shall be made in Form C.F.A., Form C. F. R. A.,
respectively to the Motor Vehicles Examinee [or a licensed Automobile Workshop]
of the area where the owner has his principle office of business.
(3) The Motor Vehicles Examiner or a licensed
Automobile Workshop by whom a certificate of fitness was issued or if it has
been renewed, the Examiner or a licensed Automobile, Workshop by whom it was
last renewed, may endorse thereon the date, appointed for the next inspection
of the vehicles and the owner shall cause the vehicle to be produced
accordingly.
(4) If the owner finds that the vehicle
cannot be produced for the next inspection on the date endorsed on the
certificate of fitness, he shall, not less than fifteen days before the
aforesaid date, apply to the Motor Vehicles Examiner or a licensed Automobile
Workshop for the change in the date of inspection stating the reasons for such
a change. When date of inspection is extended by the Examiner or a licensed
Automobile Workshop no penalty as provided in sub-rule (9) shall be chargeable
for the period for which extension is granted.
(5) If no date for the next inspection is
endorsed on the certificate of fitness as provided in sub-rule (3), application
for the renewal of a certificate of fitness shall be made in Form C. F. R. A.
not less than fifteen days before the date of expiry of the certificate and the
owner of a vehicle in respect of which such application is made shall cause the
vehicle to be produced for inspection on such date as the Motor Vehicles
Examiner or a licensed Automobile Workshop may appoint.
(6) There shall not be more than one
certificate of fitness in respect of any vehicle which shall be bound in
registration certificate of the vehicle.
(7) If, owing to mechanical break-down or
other cause, a motor vehicle is, after the expiry of the certificate, outside
the area in which the Motor Vehicles Examiner or a licensed Automobile Workshop
by whom the certificate is to be renewed has jurisdiction the Motor Vehicles
Examiner [or a licensed Automobile Workshop] may without prejudice to any
penalty to which the owner a driver may have become liable, it the vehicle is
in his opinion fit for use, by endorsement in Form C. F. Sub. and subject to
such condition as he may specify, authorise its continued use for such time not
exceeding one week as may be reasonably necessary for the vehicle to return to
the area of the Examiner by whom the certificate should be renewed, and the
vehicle may be driven to such area in accordance with such endorsement but
shall not be used after return to that area until the certificate has been
renewed.
(8) If a vehicle is damaged at any time so as
to be unfit for ordinary use and may in the opinion of any Motor Vehicle
Examiner [or a licensed Automobile Workshop] safely be driven at a reduced
speed to a place oil repair, and if the Examiner [or a licensed Automobile
Workshop] is satisfied that it is necessary that the Vehicle should be so
driven any Motor Vehicles Examiner [or a licensed Automobile Workshop] may. by
endorsement in Form C. F. X. specify the time within which, and the condition
subject to which, the vehicle may be driven to a specified destination for the
purpose of repair and the limit of speed beyond which this all not be driven.
(9) The fee for:---
(i) the grant of a certificate of fitness
shall be rupees twenty; and
(ii) for the renewal of such certificate:---
(a) in cases where the vehicle in respect of
which the certificate is required, is produced for inspection within fifteen
days if the expiry of the certificate, rupees ten; and
(b) in case where the vehicle is not produced
for inspection within the aforesaid period of fifteen days, rupees ten, plus a
penalty not exceeding rupees twenty:---
Provided that the fees for the grant or renewal of a certificate of
fitness payable to a licensed Automobile Workshop shall be rupees ten.
(i) in clause (i) for the words ‘Rupees
Twenty’ the words ‘Rupees fifty’ shall be substituted;
(ii) in sub-clause (a) of clause (a) (ii),
for the words ‘Rupees ten’ the words ‘Rupees Twenty-five’ shall be substituted;
(iii) in sub-clause (b) of clause (ii), for
the words ‘Rupees ten’ and ‘Rupees Twenty’ the words ‘Rupees Twenty-five’ and
Rupees one hundred’ respectively shall be substituted; and
(iv) in the provision for the words ‘Rupees
ten’ the words ‘Rupees Twenty’ shall be substituted].
(10) Any Motor Vehicle Examiner or any Police
Officer not below the rank of Deputy Superintendent of Police may after giving
the owner an opportunity of being heard cancel the certificate of fitness of
transport vehicles under subsection (3) of Section 39 or may suspend the
certificate for a period not exceeding two months if in his opinion the vehicle
does not comply with the provisions of Chapter VI of the Ordinance or the rules
thereunder.
(11) The authority cancelling a certificate
of fitness under sub-rule (10) shall give the owner or other person in charge
of the vehicle a notice in Form C.F.C. for such cancellation and shall make a
report of his action and toward the certificate to the (appropriate)
Superintendent of Police. After the authority has cancelled the certificate of
fitness, such authority may by endorsing in Form C.E.X. specify the time within
which and the conditions subject to which the vehicle may be driven to a
specified destination for the purposes of repair.
(12) Nothing in sub-rule (11) shall debar the
owner or the person in charge of the vehicle, the certificate of fitness of
which has been cancelled, from applying at any time for the restoration of the
certificate of fitness if the vehicle has been repaired in such a manner that
the provisions of Chapter VI of the Ordinance and of the rules made thereunder
are complied with. If such a. vehicle is inspected and passed within fourteen
days of the date of cancellation of the certificate of fitness but before the
date of expiry specified in such certificate the certificate shall be restored
to its original date of expiry and no restoration fee shall be charged, if,
however, the vehicle is brought for inspection at any other time, fresh
certificate of fitness will require.
(13) While inspecting a motor vehicle, the
Motor Vehicles Examiner or a licensed Automobile Workshop shall fill in Form
MV. Ins., (or) in duplicate, and shall on completion deliver the original copy
to the owner or his authorised agent or his driver.
35-A.
Licensing of Automobile Workshops: (1) Any automobile workshop’ may an
application in Form C.F.L.A. to the Regional Transport Authority of the area,
for the grant of a licence to issue or renew a certificate of fitness of a
vehicle.
(2) On receipt of application in Form C.F.LA.
the Regional Transport Authority may, after such enquiry as it may deem
necessary, either reject the application or grant a licence in Form C.F.L on
the conditions specified therein:---
Provided that no such licence shall be granted unless the Automobile
Workshop is of the standard laid down by the Provincial Transport Authority in
this behalf.
35-B.
Suspension or cancellation of a licence for the establishment of an automobile
workshop to grant and renew certificate of fitness: (1) The Regional
Transport Authority granting licence may at any time suspend or cancel the
licence in case any condition thereof is contravened by the licensed Automobile
Workshop; provided that the Regional Transport Authority before passing an
order for cancellation of the licence may afford the licensee an opportunity of
being heard.
(2) The licence granted under rule 35-A
shall, unless he suspended or cancelled under sub-rule (1), be valid for a
period of one year from. the date of issue.
35-C.
Appellate Authority: Any person aggrieved by an order passed under sub-rule
(1) of rule 35-B, may within thirty days of the order prefer an appeal to the
Chairman, Provincial Transport Authority, whose order shall be final].
36.
Temporary registration of newly sold vehicles: (1) When of any reason it is
impracticable for the purchaser of a newly sold vehicle to obtain registration
certificate in the ordinary course, owing to a temporary closure of the office
of the registering authority or for other similar reason, of where the
purchaser of a newly sold vehicle intends to take it immediately to the district
where he has his permanent residence or a place of business, a temporary
certificate of registration and a temporary registration mark may be issued his
rule, and temporary certificate and registration marks shall for the time being
serve all the purposes of a regular certificate and registration mark.
(2) For the purpose of issuing temporary
certificates of registration and temporary registration marks any revenue
officer of or above rank of Assistant Collector or any Police Officer of or
above the rank or Inspector or any approved firm of motor dealers or
association of persons, using motor vehicles may be appointed by Government to
be a special registering authority. Where a firm of motor dealers or
association of users of motor vehicles is so appointed the registering
authority, may, from time to time, prescribe the names of the persons being
members of employees of the firm or association, who shall be competent to sign
the temporary certificate of registration, and no certificate signed on behalf
of the firm or association by any other person shall be valid.
(3) A temporary certificate of registration
or a temporary registration mark shall not be issued except in respect of
vehicle which has not previously been registered under the Ordinance.
(4) Every application for a temporary
certificate of registration shall be in writing and shall indicate the District
or place where the vehicle is intended to be produced for permanent
registration. It shall be supported by a certificate from the person or firm
from whom the vehicle has been purchased to the effect that it has been sold to
the applicant on the day when the certificate is signed.
(5) On presentation of the application with
its accompanying certificate, an authority empowered under sub-rule (2) may
issue a temporary certificate of registration in Form CR Tern Foil A of this
form shall be handed to the applicant. If the place in which it is intended
permanently to register the vehicle in Pakistan Foil B shall be despatched
immediately to the registering authority of the District in which it is to be
registered. In other cases Foil B shall be dealt with according to such
directions as may be issued by Government from time to time. The counter-foil,
together with the application and its accompanying certificate, shall be kept
on record by the authority issuing the permit and shall be exhibited for
inspection of the registering authority of the district at the end of every
calendar month or at such other intervals as the registering authority may direct.
The counter-foils, with the connected application and certificates, shall
unless they are taken by the registering authority into his own charge be
preserved by the issuing authority for a period of, not less than twelve months
for the date of issue.
(6) In the case of vehicles included to be
permanently registered in the Province, the registering authority receiving
Foil B under the preceding sub-rule shall forthwith send an acknowledgment to
the authority which issued and the authority shall attach the acknowledgment to
the counter-foil.
(7) The records maintained under sub-rule (4)
by any firm of motor dealers or association of persons using motor vehicles
approved for the purpose of issuing temporary certificates of registration and
temporary registration marks shall be open to inspection at all reasonable
times by any police officer not below the rank of Sub-Inspector.
(8) A temporary certificate of registration
shall not be valid for more than ten days shall not be capable of renewal.
(9) An authority issuing a temporary
certificate of registration shall at the same time assign to the vehicle a
distinguishing mark, to be displayed thereon in the manner prescribed for
distinguishing marks assigned under sub-section (3) of Section 25, the letters
and figures composing the marks being in red on yellow ground. Where the
temporary registration mark has been issued by an approved firm of motor
dealers or association of motor users, the designation and address of firm or
association shall also be printed in small letters along the lower edge of each
plate.
(10) To enable the authorities empowered
under sub-rule (2) to fulfill the requirements of the preceding sub-rule, the
registering authority of the district shall allocate to each authority a block
of registration marks out of those assigned to the district in the Sixth
Schedule to the Ordinance.
37. Loss
or destruction of certificate of registration of a vehicle other than transport
vehicle: (1) If at any time the certificate of registration of a vehicle
other than a transport vehicle is lost or destroyed, the owner shall forthwith
intimate the facts in writing to the registering authority by whom the
certificate was issued or by whom the registration mark of vehicle was assigned
under section 30 and shall apply in Form C.R.LD. to the said authority for the
issue of a duplicate.
(2) Upon receipt of an application in Form
C.R.L.D. together with a fee of rupees three the registering authority may,
after making such enquiries as appear necessary, issue a duplicate certificate
of registration Form G clearly stamped ‘Duplicate’ in red ink.
In rule 37, in sub-rule (2), for the words ‘of
rupees three’, the words ‘mentioned in the Fifth Schedule’ shall be
substituted.
38. Loss
or destruction of certificate of registration and certificate of fitness of a
transport vehicle: (1) If at any time the certificate of registration or
the certificate of fitness of a transport vehicle is lost or destroyed, the
owner shall forthwith intimate the facts in writing to the registering
authority by whom the certificate of registration was issued or by whom the
registration mark was assigned under section 30, and shall apply in Form
C.R.L.D. Tran. to the said authority for the issue of a duplicate certificate
of registration of certificate of fitness.
(2) Upon receipt of an application in Form
C.LR.D. Tran. together with a fee of rupees five the registering authority may,
after making such enquiries as appear necessary and obtaining particulars of
the original certificate of fitness from the Motor Vehicles Examiner [or
licensed Automobile Workshop] by whom it was issued or last renewed, issue a
duplicate certificate of registration and certificate of fitness in Forms G and
I, respectively, clearly stamped ‘Duplicate’ in red ink.
In sub-rule (2), for the words ‘of rupees
five’ the words ‘mentioned in the Fifth Schedule’ shall be substituted.]
(3) No person shall be liable to be convicted
of an offence under section 90 if, at the time when the certificate is
demanded, he has already reported the loss or destruction thereof in accordance
with the provisions of this rule and a duplicate certificate has not been
delivered to him.
39.
Defaced or torn certificate of registration and certificate of fitness of
transport vehicles: (1) If at any time the certificate of registration or
the certificate of fitness of a transport vehicle is so torn or defaced that it
-has ceased to be legible or any important part of the certificate is missing
or any unauthorised alteration has been made therein, the registering authority
may impound the certificate and after ascertaining the correct entries which
should have appeared in the said certificate issue a duplicate certificate in
Form G or Form I, as the case may be, clearly stamped ‘Duplicate’ in red ink.
(2) The fee on a duplicate under this rule
shall be rupees five.
In sub-rule (2), for the words ‘rupees five’
the words ‘as mentioned in the Fifth Schedule ‘ shall be substituted.
40.
Procedure when a last certificate is subsequently founded: (1) When a
duplicate certificate of fitness or certificate of registration has been issued
upon representation that the original, has been lost and the original is
afterwards found by the holder; the original certificate of fitness or
certificate of registration shall be delivered forthwith to the registering
authority.
(2) Any other person finding a certificate of
fitness or certificate of registration shall deliver it to the holder or to the
nearest police station.
41.
Temporary receipt for a certificate of registration or certificate of fitness
taken into possession by competent authority: (1) When the holder of a
certificate of registration and a certificate of fitness of a transport vehicle
has submitted them to a registering authority or other authority for any
purpose under the Ordinance of these rules and neither the certificate of
registration nor the certificate of fitness has been suspended or cancelled,
the registering authority shall furnish him with a receipt for the certificate
of registration in Form R Tern and during such time as the receipt shall be
specified to remain in force it may be produced in place of the certificate of
registration or the certificate of fitness under sub-section (2) of Section 90.
(2) Any authority granting a receipt under
the preceding sub-rule may at his discretion extend the time thereof by order
endorsed thereon.
(3) No fee shall be payable in respect of a
receipt given under this rule.
42.
Registration fees: (1) The fee for the registration of a motor vehicle
shall be:---
(a) in respect of motor cycle and an invalid carriage or
a trailer not having more than two wheels and not weighing more than one ton
unladen ........Fifty Rupees.
(b) in respect of a heavy transport ...Five
hundred rupees vehicle
(c) in receipt of any other vehicle
........Two hundred rupees
(d) in respect of temporary registration of any vehicle
........Fifty rupees.
2. Notwithstanding anything provided in
sub-rule (i) the fee payable by an applicant for the allotment of any of the
following Registration Marks, subject to availability, shall be as shown below
against each category:---
(i) serial number 1 of the series of Ten
thousand rupees. Registration Marks
(ii) serial number 7 or 786 in any of the
Seven thousand rupees series of Registration Marks and five hundred rupees.
(iii) any other single digit number of any
Five thousand rupees. of the series of Registration Marks
Provided that if there are more than one applicants for the allotment
of any specified Registration Mark, the Registration Authority may, with the
prior approval of the Government, put the said Registration Mark to open
auction and allocate the same to the highest bidder.]
42. Registration Fees: The fee for the registration of a motor
vehicle shall be,---
(a) in respect of a motor-cycle and an invalid carriage or a trailer not having
more than two wheels and not weighing more than one ton unladen .....Fifty
Rupees
(b) in respect of a heavy transport .....Five hundred rupees vehicle
(c) in respect of any other vehicle .....Two hundred rupees
(d) in
respect of temporary registration of .....Fifty rupees any vehicle
This
Notification shall take effect from 1st July, 1980.
43. Exemption from payment of registration fees: No fee shall be charged
for the registration of a vehicle in the following cases:---
(a) tractor or trailers and locomotives used solely for agricultural purposes;
(b) such motor ambulances use solely for the conveyance of the deadbody or sick
or injured, as may be notified by Government from time to time;
(c) any motor vehicle belonging to Foreign missions. Foreign Consular Officer
and staff of the United Nations including its various organs and specialized
agencies in Pakistan and any other person or vehicle exempted by Government by
a special order;
(d) Motor vehicles upto 1300 CC specially designed for use by invalids.]
(e) motor vehicles upto 1300 CC specially designed for use’by invalids.]
N.W.F.P. Amendment:
In R. 43, Clause (a) deleted.
44.
Maintenance of record of Motor Vehicles by registering authority:---
(1) The registering authority shall maintain record of
all motor vehicles registered under the Ordinance and such record shall contain
the name and address of the owner together with a description of the vehicle.
(2) Persons applying for copies of particular of any vehicle entered in the
said record shall pay fifty paisa for each copy with a maximum of rupees three
when copies of particulars of more than one vehicle are applied for by the same
person and at the same time.
(3) In addition to the fee prescribed under sub-rule (2) a copying fee at the
rate of six paisa for copies of particulars of three vehicles or less shall be
payable.
45. Authority to suspend certificate of
registration: Any Police Officer not
below the rank of Deputy Superintendent and any Motor Vehicles Examiner may
after giving the owner an opportunity of being heard suspend the certificate of
registration of a motor vehicle under section 34.
46.
Hire-purchase agreements: (1) When in an application for the registration
of a motor vehicle the parties to an agreement of hire purchase declare, in the
form of the note endorsed on Form F, that the vehicle is the subject of such an
agreement, the registering authority shall complete and affix his signature to
the note appended to Form G but shall not be required to satisfy as to the
title of the two parties in the vehicle nor shall be endorsed on Form G in any
way affect the title of any party.
(2) If, upon termination of an agreement of
hire-purchase or otherwise, the registered owner and the other party desire
that the note on Form G relating to such an agreement shall be cancelled, they
shall apply in Form H. P. Ter. to the registering authority by whom the vehicle
was registered or by whom a new registration mark has been assigned to the
vehicle under section 30, and the registering authority shall thereupon cancel
the note endorsed on Form G.
(3) Nothing contained in this shall prevent a
registering authority from recording a change of the address of the registered
owner on the certificate of registration as provided in Section 31, nor shall
the registering authority be required to inform the other party to an agreement
of hire-purchase of any intimation of charge of address, but the registering
authority shall not record any transfer of ownership of a motor, vehicle under
section 32 so long as the certificate of registration contains the note of an
agreement of hire-purchase, unless the other party to that agreement signifies
his consent to such by endorsement upon Form T. O.
(4) If the other party to an agreement of
hire-purchase satisfies the registering authority that he has taken possession
of the vehicle owing to the default of the owner under the provisions of the
agreement, and the owner has absconded or refuses to deliver the certificate of
registration the registering authority .may after giving the owner an
opportunity of being heard and notwithstanding that the certificate of
registration is not produced, cancel the certificate of registration and issue
duplicate of registration and deliver the same to the other party.
(5) The owner shall be deemed to have been
given an opportunity of being heard within the meaning of the preceding
sub-rule if a notice has been duly served on him by registered post to the
address stated in the certificate or registration and he fails to appear before
the registering authority on the due date to show-cause against the
cancellation of the certificate.
(6) If a note in respect of an agreement of
hire-purchase is to be endorsed on a certificate of registration, there shall
be payable in addition to the registration fee a further fee of rupees ten. No
fee shall be payable in respect of the cancellation of the note under sub-rule
(2). There shall be payable for recording transfer of ownership a further fee
of rupees five when the transfer is of a vehicle which is the subject if a
hire-purchase agreement.
In sub-rule (6), for the words ‘of
rupees ten’ the words ‘mentioned in the Fifth Schedule’, shall be substituted.
47. Transfer of ownership: (1) Application for transfer of ownership of a motor
vehicle under sub-section (1) of Section 32 shall be made in Form T. O. and
shall be accompanied by a fee of rupees five.
In sub-rule (1), for the words ‘of rupees
five’ the words ‘mentioned in the Fifth Schedule for the respective class of
motor vehicle’ shall be substituted.
(2) Communication of transfer to the original
registering authority under sub-section (2) of Section 32 shall be in Form C.
R. T. I.
48. New
registration marks: (1) Application for a new registration mark under
section 30 shall be made in Form R. M. A. and shall be accompanied by a fee of
rupees five.
In sub-rule (1), for the words ‘a fee of
rupees five’ the words ‘such fee as mentioned in the Fifth Schedule for
registration of the respective class of motor vehicle’ shall be substituted.
(2) The registering authority assigning a new
registration mark to a motor vehicle shall intimate the fact to the owner and
the other party, if any, to an agreement of hire-purchase specified in the note
on the certificate of registration and shall apply to the original registering
authority for transfer of the records of the vehicle in Form R. M. I.
49.
Application for charge of address and alteration in motor vehicle:
(1) Application for change of address under
section 31, shall be made in Form C. A. and shall be accompanied by a fee of
rupees five.
(2) Application for alteration in a motor
vehicle under section 33 shall be made in Form A. M. and shall be accompanied
by a fee of rupees five.
In sub-rule (2), for the words ‘of rupees five’ the words
‘mentioned in the Fifth Schedule’ shall be substituted.
50. Vehicles entering the Province from outside: (1) When any motor
vehicle which is not registered in the Province has been kept therein for a
period exceeding fourteen days, the owner or other person incharge of the
vehicle shall send intimation to the registering authority of the District in
which the motor vehicle is at the time of making the report and shall intimate,---
(a) his name and permanent address, and his address for the time being;
(b) the registration mark of the vehicle;
(c) the mark and description of the vehicle; and
(d) in the case of a transport vehicle the name of the authority within the Province
by whom the permit has been issued or counter-signed:---
Provided that in the case of a transport vehicle covered by a permit
having validity in the Province, it shall be necessary to make a report under
this sub-rule upon the occasion of first entry only.
(2) Nothing in this rule shall apply to a motor vehicle which is exempted from
registration under the provisions of rule 52.
(3) Nothing in this rule shall apply to any vehicle registered under section 30
or under section 41.
51. Hiring agreement: When possession of a motor vehicle is transferred
by the registered owner to another person under a hiring agreement, the
registered owner shall forthwith intimate the fact and the full name and
address of, the transferee to the registering authority of the area in which
the said owner has his residence or place of business.
(2) Nothing in the preceding sub-rule shall make it necessary to give
intimation of a hiring agreement when the vehicle is to be used thereunder as a
stage carriage.
52. Exemption of vehicles in the possession of manufacturer or dealer:
(1) Section 23 shall not apply to a motor vehicle in the possession of a
manufacturer of or dealer in, motor vehicles in the course of the business of
the manufacturer or dealer so long as it is used under the authorization of a
trade certificate granted by the registering authority within whose area the
manufacturer or dealer has his place of business.
(2) Applications for trade certificates shall be made in Form T.C.A. and shall
be accompanied by the prescribed fee.
(3) The fee for the trade certificates shall be rupees one hundred in respect
of any number of certificates upto ten and rupees fifty in respect of each
additional number of five or less certificates. The fees shall be payable
annually in advance.
(3) The fee for trade certificates shall be as mentioned in the Fifth Schedule
and shall be payable annually in advance.
(4) If the registering authority declines to issue a trade certificate or issue
a less number of certificate than the number specified in the application, the
fee or a proportion of the fee determined in accordance with the sub-rule (3),
as the case may be, shall be refunded to the applicant.
(5) Upon the receipt of an application for the trade certificates as aforesaid
the registering authority shall, if satisfied that the number of certificates
applied for is reasonable in relation to the business of the applicant, issue
the certificates in Form T. C. accordingly and assign to the applicant a series
of trade registration marks consisting of the two letters of the registration
mark specified in the Sixth Schedule to the Ordinance followed by not more than
three figures and followed by one letter of the alphabet in respect of each
certificate.
(6) The trade certificate shall be attached to the registration mark in a
weatherproof holder, in the manner set out hereunder,---
Tax Token
-------------------------
KA55-A
---------------------------
(7) Not more than one vehicle shall be used in a public
place at any one time under any one trade certificate.
(8) No person to whom a trade certificate is granted shall cause or allow it to
be used upon any motor vehicle other than motor cycle unless the holder of the
certificate or a bone fide employee of the holder is present in the vehicle or
for any purpose other than one purposes set out below:---
(a) For test during the course of or after completion of construction or
repairs.
(b) For proceeding to or returning from a weigh-bridge for or after weighment,
or to from any place for its registration.
(c) For reasonable trial by or for the benefit of a perspective purchase and
for proceeding to or returning from the place where such person intends to keep
it.
(d) For proceeding for the purpose of delivery to or from the premises of the
dealer and from such premises to the premises of a purchaser or another dealer.
(e) For proceeding to or returning from a workshop with the object of fitting a
body to the vehicle or of painting or for repairs.
(f) For proceeding to or from a railway station or where for or after being
transported.
(g) For proceeding to or returning from an exhibition of motor vehicles or any
place at which the vehicle is to be or has been offered for sale.
(9) No vehicle carrying a trade registration mark and certificate shall be used
as a transport vehicle under the authorization of any permit or otherwise.
(10) (a) Every holder of a trade certificate
shall keep a register in Form T.R.C. and enter or cause to be entered in
duplicate in such register full and trade particulars of the purposes for which
every vehicle leaves his premises under a trade certificate of the
driver-in-charge, and of the period during which othe vehicle was on the road
under the trade certificate.
(b) The register shall be in the form of foil and counter-foil in a bound book,
the pages of which shall be numbered serially. The necessary particulars,
except in regard to the time of return, shall be entered in it by the holder of
the certificate or his agent before the commencement of each trip. The register
shall be upon to inspection on demand by any Police Officer below the rank of
Sub-Inspector.
(c) The foil containing the entries made prior to the commencement of the trip
shall be carried by the driver of the vehicle and counter-foil shall be
retained for a period of thirty days after trip has been completed and shall be
exhibited on demand by any Police Officer authorised to Inspect the register.
(11) If at any time the registering authority is satisfied that the holder of a
trade certificate has contravened any of provisions of this rule he may, after
giving the holder an opportunity of making any representation which he may wish
to make, suspend or cancel any or all of the trade certificates held by him.
(12) When a trade certificate has been lost, destroyed or mutilated through
negligence of the holder or by accident or passage of time, the holder may
apply to the registering authority for the issue of a duplicate certificate,
and the registering authority shall, if satisfied, about such loss, destruction
or mutilation, issue a duplicate certificate.
(13) A duplicate certificate shall be issued with the words ‘DUPLICATE’ in Bold
red letters written or stamped across it.
(14) The fee for the issue of duplicate trade certificate shall be rupee one
respective of the fact whether the original certificate was lost, destroyed or
mutilated due to negligence of the holder or accident or its replacement is
occasioned by the passage of time.
53. Exemption of road rollers, graders and delivery vans: (1) Nothing
contained in Chapter III of the Ordinance shall apply to road rollers, graders
and other road making and cleaning plant save that every tractor capable of
other use shall be registered and shall require a certificate of fitness.
(2) The provision of Section 39 shall not apply to delivery vans.
The Provincial Motor Vehicles
Ordinance, 1965
The Motor Vehicles (Validation of
Fees) Ordinance, 1965
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