THE PROVINCIAL MOTOR VEHICLES ORDINANCE, 1965,(WEST PAKISTAN ORDINANCE No. XIX OF 1965). CONTENTS CHAPTER-I PRELIMINARY Sections.
CHAPTER-II LICENSING OF DRIVERS OF MOTOR VEHICLES
Sections.
CHAPTER-III REGISTRATION OF MOTOR VEHICLES
30. Assignment of fresh registration mark on removal to another province.
32-A Cancellation of certificate of registration of vehicles registered in a tribal Areas of Balochistan in certain cases.
CHAPTER-IV CONTROL OF TRANSPORT VEHICLES.
53. Power to restrict the number of contract carriage and impose conditions on contract carriage permits.
Sections. 56. Application for public carrier's permit. 57. Procedure of Regional Transport Authority in considering application for public carrier's permit.
67. Compensation for death of, or injury to. a passenger. 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.
CHAPTER-V. N.W.F.P. ROAD TRANSPORT BOARD.
72. Powers of the Road Transport Board to acquire property for motor transport operated by it
CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES.
Sections. CHAPTER—VII CONTROL OF TRAFFIC
89-A Rider to wear helmet.
CHAPTER-V1II OFFENCES, PENALTIES AND PROCEDURE Sections.
103. Racing and trials of speed.
111-A Penalty of conventration of rules relating to appliances.
115. Power to detain vehicle used without certificate of registration or permit.
CHAPTER IX MISCELLANEOUS
121. General Provisions regarding appeals to prescribed appellate authorities. 122. Repeals and savings. SCHEDULE
9. Ninth Schedule .. Traffic signs.
Fourteenth Schedule . . Enactments Repealed.
THE 2[PROVINCIAL] MOTOR VEHICLES ORDINANCE, 1965. 1WEST 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;
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
Short title and extent
1. (1) This Ordinance may be called the 2[Provincial] Motor Vehicle Ordinance, 1965.
(2) It extends to the Whole of the 3[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-
(1) "ambulance" means a vehicle designed for the carriage of sick, wounded or invalid persons or animals;
(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) "1[Board'] means the 1[North Vest Frontier Province] Road Transport Board established under section 70;
1. Subs: by N.W.F.P. Ord. No. V of 1972. s. 2.
1. Subs: by P. O. 4 of 1975.
(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, authorising the use of a transport vehicle as a contract carriage or stage carriage, or authorising 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" 1[27-A. "Province" means the North-West Frontier Province]" (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;
1. Sub-section (27a) inserted by North-West Frontier Province, Ord. No. I of 1972 S.2.
(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.
3. 1[l] No person shall drive a motor vehicle in any public place unless he holds an effective licence authorising 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 licence specifically entitles him so to do:
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. 2[(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; (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 licence 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 licence any such endorsement as is referred to in clause (a) unless it appears from the medical certificate furnished by the holder of the licence 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 licence of a fresh medical certificate as required under clause (a) and on being satisfied there from that the holder of the licence 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.
Owners of motor vehicles not to permit contravention of section 3 or section 4
6. No holder of a licence 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 licence, 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 licence to drive as a paid employee, in which the employer resides or carries on business for the issue to him of a licence.
Grant of license.
in Form B as set forth in the First Schedule signed by a registered medical practitioner.
Provided that— (a) a licence 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 other wise disqualified, the licensing authority shall grant him a licence to drive such motor vehicle as the licensing authority may specify in the licence. (6) No licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority the test of co mpetence specified in the Third Schedule: Provided that where the applicant is for a licence 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 licence (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 licence 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 licence 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—
Provided that a licensing authority may issue a licence 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 licencing authority.
1[10 No licence 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 licence, except a licence 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 licence and 2[. . . . . .] one of the photographs referred to in sub section (4) of section 7.
(2) A licence 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 :-
(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 licence issued under this Ordinance who is not for the time being disqualified for holding or obtaining a licence 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 licence 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.
(2) The provisions of section 7 shall apply to an application under this section as if the application were for the grant of a licence under that section to drive the class of motor vehicle which the applicant desires to be added to his licence: Provided that the provisions of sub-sections (3) and (4) of that section shall not apply where the applicant is the holder of a licence 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 licence under this section.
Extent of validity of license.
(2) Subject to any rules made by Government, a licence 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 licence issued under this Ordinance and it shall be lawful for the holder of such a licence to drive and be employed in driving in the Province a motor vehicle of any class or description which he is authorised by such licence to driver Provided that the holder of such a licence is not disqualified under any of the provisions of this Ordinance for holding or obtaining a licence in the Province.
Currency of licenses.
12. (1) Any licensing authority may on an application made to it renew a licence issued under the provisions of this Ordinance
Renewal of licenses.
2[Provided that no licence 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 licence 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 licence holder under section 7 unless he furnishes a fresh medical certificate in Form B as set forth in the First Schedule and singed 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 licence 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 licence 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 licence: Provided that if the application for renewal is made more than three years after the expiry of the licence, the licensing authority may refuse to renew the licence unless the applicant undergoes and passes to its satisfaction the test of competence specified in the Third Schedule. (5) When the authority renewing the licence is not the authority which issued the licence, it shall intimate the fact of renewal to the authority which issued the licence.
13. (1) Notwithstanding any thing contained in section 11, or section 12, any licensing authority may at any time cancel a licence or may require the holder thereof, as a condition of continuing to hold such licence, 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 licence is, by virtue of any disease or disability, unfit to drive a motor vehicle.
(2) When the authority canceling the licence is not the authority which issued the licence it shall intimate the fact of cancellation to the authority which issued the licence.
14. (1) Where the licensing authority refuses to issue or cancels or refuses to renew any licence, 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.
(2) Upon the issue of any such order the person affected if he is the holder of a licence, shall forthwith surrender his licence to
the licensing authority making the order
if the licence 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 licence 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.
License to drive motor vehicles the property of the 1[Federal] Government.
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
Power of licensing authority to disqualify for holding al license.
(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 licence.
1[(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 licence granted to that person and disqualifying him for holding or obtaining a licence for such period as it may deem fit].
Power of Regional Transport Authority to disqualify.
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 licence to drive a transport vehicle in the province.
(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
1. Ins. by Ord. No. VIII of 1978.
any other punishment authorised by law, declare the person so convicted to be disqualified for such period as the Court may specify for holding any licence or for holding a licence to drive a particular class or description of vehicles: 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.
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 convict' d 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 a side 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 licence and the licence, if any, held by such persons at the date of the order shall cease to be effective during such period.
(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 be entertain 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 licence, 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
21. (1) An endorsement on any licence shall be transferred to any new or duplicate licence obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a licence issued to him free from endorsement.
Transfer of endorsement and issue of license free from endorsement.
(2) Where a licence is required to be endorsed and the licence is at the time not in the possession of the Court or authority by which the endorsement is to be made, then—
and if the licence 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 licence 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 licence 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 licence and on payment of the prescribed fee, to receive a copy of the licence 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 licence 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 licence shall be excluded. (4) When a licence 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 licence was last renewed and to the licensing authority which granted the licence.
(5) Where the holder of a licence is disqualified by the order of any Court for holding or obtaining a licence, the Court shall take possession of the licence and forward it to the licensing authority by which it was granted or last renewed and that authority shall keep the licence until the disqualification has expired or has been removed and the person entitled to the licence 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 licence to this effect and shall send a copy of the order of disqualification to the licensing authority by which the licence was granted and shall return the licence to the holder. (6) Where on an appeal against any conviction or order of a Court which has been endorsed on a licence, the appellate Court varies or sets aside the conviction or order, the appellate Court shall so inform the licensing authority by which the licence was last renewed and the licensing authority which granted the licence, 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.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(e) the medical examination and testing of applicant; for licences and of drivers and the fees to be charged therefor ; (f) the fees to be paid for the grant and renewal of licences; (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 licences 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.
Motor vehicle not to be driven with out 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.
Registration where to be made.
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.
(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.
25. (1) An application by or on behalf of the owner of a motor vehicle for registration shall be in Form F as set forth in the First Schedule, shall contain the information required by that form, and shall be accompanied by the prescribed fee.
(2) The registering authority shall issue to the owner of a motor vehicle registered by it a certificate of registration in Form G as set forth in the First Schedule and shall enter in a record to be kept by it particulars of such certificate. 1[(3) The registration authority shall assign to the vehicle a distinguishing mark (in this ordinance referred to as the registration mark) consisting of a group of six numerals followed, in English and Urdu scripts, by the name of the District in which the vehicle is being registered or in the case of a vehicle being registered in Islamabad Capital Territory, by the words "Islamabad". Provided that any motor vehicle, whether the property of Government or not, declared by the Federal Government to be meant for the use of the president or the Prime Minister, or by a Provincial Government to be meant for the use of the Governor or the Chief Minister of the Province, shall not be assigned a registration mark and shall instead display such other mark as may be specified by the Federal Government or the Provincial Government, as the case may be. (4) The prescribed authority shall make available to the owner of the vehicle, on payment of the prescribed fee, a set of two plates made of such material, colour and dimensions as may be prescribed.] (5) Government may, by notification in the official Gazzette direct that motor vehicles registered before the commencement of the Provincial Motor Vehicles (Amendment) Ordinance, 1981, shall be assigned new registration marks within such period and according to such procedure as may be specified in the notification".
26. (1) Notwithstanding anything contained in section 24, the owner of a motor vehicle may apply in the prescribed manner to any
1. sub-section (3) and (4) of section 25 subs, by Ord. No. XXXVI of 1981, S.2.
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. (2) A registration made under this section shall be valid only for a period of one month, and shall not be renewable.
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
(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 licence 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.
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.
Assignment of fresh registration mark on removal to another 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.
(2) The registering authority, to which application is made under sub-section (1), shall assign the vehicle a registration mark 1[reffered 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.
1. In section -30, in sub-section (2),the words "specified in the Sixth Schedule", the words "referred to in section 25" substituted' by Ord. No. XXXVI of 1981, s.3.
(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 o 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.
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.
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 cert 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.
Suspension of registration
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—
(f) the registration certificate has been deliberately defaced or mutilated or unauthorised additions or alterations have been made therein; and such suspension shall remain inforce till the vehicle is duly insured as required by Saw, 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 imprisonment of not less than five years.
(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.
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.
Appeals.
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.
(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 authorised 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.
Special particulars be recorded on registration of transport vehicles.
and the owner of the vehicle shall have the said particulars exhibited in the prescribed manner on the vehicle.
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 1[authority issuing the certificate] *[. . . . ] 2[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 3[ ..] 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 4[Federal Government;] and any vehicles so registered shall not, so long as it remains the property or under the exclusive control of the 4[Federal] Government, require to be registered otherwise under this ordinance.
1. In section 39, in sub-section (2), the words "prescribed authority", the words "authority issuing the certificate", subs by W. P. Ord. IX of 1970. *Subs . . . . .ibid
4. Subs: by P. O. 4 of 1975.
1[41. Notwithstanding any thing 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.
42. (1) The registration mark assigned to a trailer shall be displayed in the prescribed manner on the side of the vehicle.
Application of chapter III to trailers.
(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.
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,
2[(ee) the authorising 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 licences may be granted and renewed and the fees to be paid for the grant and renewal of the licences; (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; (j) 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 authorising 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, authorise the use of the vehicle as a contract carriage: Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods vehicle either when carrying passengers or not: Provided also that a public carrier's permit shall, subject to any conditions that may be specified in the permit authorise the holder to use the vehicle for the carriage of goods for or in connection with a trade or business carried on by him. (2) In determining, for the purposes of this Chapter, whether a transport vehicle is or is not used for the carriage of goods for hi' e or reward—
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—
1. The word "Central" the word "Federal" subs by P. O. 4 of 1975.
(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.
1[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. (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—
1. Inserted by N. W. F. P. Ord. No. I of 1972 S.3.
(i) co-ordinating 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 1[Board] constituted under section 70 to use its transport vehicles on the routes thus rendered vacant:
West Pakistan 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.
1. In sub section (2), subs for the word (Corporation) by Ord V of 1972
Transport Authorities.
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 (ii) Regional Transport Authorities to exercise and discharge throughout such areas (in this Chapter specified in the notification, in respect of each Regional Transport Authority, the powers and functions conferred by or under this Chapter on such authorities: Provided that the area specified as the region of a Regional Transport Authority shall in no case be less than an entire District. (2) The Provincial Transport Authority or a Regional Transport Authority shall consist of such number of 1[Government officers] as Government may think fit to appoint, but no person who has any financial interests whether as proprietor, employee or otherwise in any transport undertaking, shall be appointed or continue as a member of the Provincial or a 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 2[Board.]
(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. (ii) to perform the duties of a Regional Transport Authority- (a) where theres is no such authority; or (b) where there is such authority, if it thinks fit so to do and if so required by that authority; (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.
47. (1) Every application for a permit shall be made to the Regional Transport Authority of the region o of one of the 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 regions, to the Regional Transport Authority of that region.
General provisions as to applications for permit.
(2) Nothing in sub-section (1) shall apply to road transport services operated by the 1[Board]
Application for stage carriage permits.
(a) the name and address of the applicant;
(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, gitt, inheritance, 01 under a hire-purchase agreement, or as a result of he settlement of a lawful claim].
1[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:
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; (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 2[for a period not exceeding three months whereafter the applicant may make a fresh application for the grant of stage carriage permit]
1[2. No security in the from of bank guarantee shall be required in respect of
2[(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 North-West Frontier Province, showing him as member thereof.] (ii) the certificate so issued remains valid, and (iii) such certificate is not with drawn.]
Conditions for grant of stage carriage permits.
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 authorised 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:-
1(a) the name and address of the applicant. (aa) the type and seating capacity of the vehicle;]
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. 1[(1)] A Regional Transport Authority may, after consideration of the matters specified in section 52—
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. [(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—
Application for private carriers permits.
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:—
1. In section 53, after clause (ix). sub-section (2) added by W. P. Ord. No. IX of 1970, S.9.
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:
Procedure of regional transport authority in considering application for a private carrier’s permits.
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— (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.
Provided that nothing in this section shall authorise a Regional Transport Authority to grant a permit effective solely within the region of an other Regional Transport Authority.
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:
Procedure of regional transport authority in considering application for a private carrier’s permits .
Provided that the Regional Transport Authority may refuse to grant the permit where— (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 (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 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 authorise 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;
(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. 1(1) application for a permit of any kind may be made at any time. 2[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.
Duration and renewal of 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).
General condition attaching to all permit.
1. Sub-section (1) of section 60, subs by W. P. Ord. IX of 1970, s. 1.
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;
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.
(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.
Transfer of permeation 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.
Special permits.
1. Section 64. subs, by W.P. Ord No. IX of 1970, s.12.
(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]. 1[65 . . . . . . ]
66. (1) Any person -
(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.
1. Section 65, omitted by Ord. No. IX of 1970, s.12
(g) being the holder of a licence, who is aggrieved by the refusal ot Regional Transport Authority to grant an authorisation 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.
(a) to entertain or adjudicate upon any matte 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 any thing done under this Ordinance by or at the instance of the Provincial o 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.
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].
1[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.
(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 —
1. Section 67 (A), 67 (B),67 (C), 67 (D), 67 (E), 67 (F), 67 (G), ins. by W. P. Ord No. IX of 1970, s. 14(3).
(c) by an agent duly authorised by the person injured or the legal representatives of the deceased passenger as the case may be.
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.
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 XXXV of the Code of Criminal Procedure, 1898 (Act V of 1898). (3) The Claims Tribunal shall have all the powers of a Civil Court—
Appeal
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.
(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—
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 untill 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 grant ed by a civil Court].
Power to make rules to stage carriages and contract carriages.
2. Without prejudice to the generality of the foregoing provisions, such rules may—
(f) equire 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:—"
(i) the period of appointment and the terms of appointment of and the conduct of business by Regional and Provincial Transport Authorities 1[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;
1 In, section 69, in sub-section (2). In clause (i), after the word "authorities', the word ''the delegation of powers by them to their respective Chairman or any Member"," inserted by W. P. Ord. No. IX of 1970. s. 15.
(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 cabled; (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) authorising 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 canvassers 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; 1[. . . . ]. 2(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.] 1[(xxxiv)] any other matter which is to be or may be prescribed.
CHAPTER—V 2[N.-W.F.P. ROAD TRANSPORT BOARD]
2[N.W.F.P Road Transport Board]
3[(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.
(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 1[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 2[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 2[Board]. 3[(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 XLV of 1860)]. (8) Government shall consult the 2[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 2[Board].
71. (1) The 2[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 2[Board] to operate its services on such route or routes and the 2[Board] has declined to operate its services on such route or routes;
Provided that if the 2[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 1[Board] has declined to operate its services on such route or routes.
Power of the 2[N.W.F.P 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
MOTOR VEHICLES.
General provision regarding construction and maintenance.
74. (1) Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers.
(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:—
(f) signalling 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 CONTROL OF TRAFFIC
75. (1) No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed fixed for the vehicle by or under this Ordinance or by or under any other law for the time being in force;
Provided that such maximum speed shall in no case exceed the maximum fixed for the vehicle in the Fight Schedule.
(2) Government or any authority authorised in this behalf by Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notification in the official Gazette, fix such maximum speed limits as it thinks fit for motor vehicles or any specified class of motor vehicles or for motor vehicles to which a trailer is attached either generally or in a particular area or on a particular road or roads, and where any such restrictions are imposed, cause appropriate traffic signs to be placed or erected under section 79 at suitable places in such area or on or near such road or bridge, as the case may be. (3) Nothing in this section shall apply to any vehicle registered under section 40 while it is being used in the execution of military manoeuvres within the are a and during the period specified in a notification under sub-section (1) of section 2 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938.
Limit of weight and limitation
(2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres. (3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer— (a) the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle; or
(4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section (2) or sub-section (3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer.
Power to have vehicle weighed.
the vehicle to a weighing device, if any, within a distance of one mile from any point on the forward route or within a distance of five miles from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 76 regarding weight, he may, by order in writing, direct the driver to convey the vehicle or trailer to the nearest place to be specified in the order, where facilities exist for the storage of goods, and not to remove the vehicle or trailer from that place until the laden weight or axle weight has been reduced or the vehicles has otherwise been treated so that it complies with the provisions of the last preceding section.
78. Government or any authority authorised in this behalf by Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge may by notification in the official Gazette prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or of any specified class of motor vehicles or the use of trailers either generally in a specified area or on a specified road, or bridge, and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 79 at suitable places in such area or on or near such road or bridge, as the case may be:
Provided that where any prohibition or restriction under this section is to remain in force for a period of not more than one month, notification thereof shall not be necessary.
79. (1) Government or any authority authorised in this behalf by Government may cause or permit traffic signs to be placed or erected in any public place for the purpose of regulating motor vehicle traffic.
(2) Traffic signs erected under this Chapter for any purpose for which provision is made in the Ninth Schedule shall be of the size, colour and type and shall have the meaning set forth in the Ninth Schedule, but Government or any authority empowered in this behalf by Government may make or authorise the addition to any sign set forth in the said Schedule of transcription of the words, letters or figures there on in such script as Government may think fit: Provided that the transcription shall be of similar size and colour to the words, letters or figures set forth in the Ninth Schedule. (3) Except as provided by this Chapter, no traffic sign shall, after the commencement of this Ordinance, be placed or erected on or near any road; but all traffic signs erected prior to the commencement of this Ordinance by any competent authority shall for the purposes of this Ordinance be deemed to be traffic signs erected under the provisions of this Chapter.
(4) Government or any authority authorised under sub-section (1) may remove or cause to be removed any sign or advertisement which, in its opinion, is so placed as to obscure any traffic sign from view or any sign or advertisement which is, in its opinion so similar in appearance to a traffic sign as to be misleading.
Parking places and halting station
81. Government or any authority authorised by it in this behalf may, by notification in the official Gazette or by the erection at suitable places of the appropriate traffic sings referred to in 1[Part-Ill] of the Ninth Schedule, designate certain roads as main roads for the purposes of the regulations contained in the Tenth Schedule.
Main roads.
82. (1) Every driver of a motor vehicles shall drive the vehicle in conformity with any indication give n by a mandatory traffic sign and in conformity with the driving regulations set forth in the Tenth Schedule, and shall comply with all directions given by any electrical traffic signalling device or by any police officer engaged in the regulation of traffic in any public place.
Duty to obey traffic signs.
(2) In this section "mandatory traffic sign' 'means traffic sign included in 1[Part-III] of the Ninth Schedule, of any traffic sign of similar form (that is to say, consisting of or including a circular dise displaying a device, word or figure, and having a red ground or border) erected for the purpose of regulating motor vehicle traffic under sub-section (1) of section 79.
Signals and signaling devices.
Provided that the signals of an intention to turn to the right of left or to stop may be given by a mechanical or an electrical device of a prescribed nature affixed to the vehicle.
Vehicles with left hand control.
1. In section 81 and in 82 clause (2) subs. "Part A" by Ord. No. XXIV of 1979.
Leaving vehicle in dangerous position
85. No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to remain at rest on any road in such a position or in such a condition or in such circumstances as to cause or be likely to cause danger, obstruction or undue inconvenience to other users of the road.
Riding on running boards.
86. No person driving or in charge of a motor vehicle shall carry any person or permit any person to be carried on the running board or other wise than within the body of the vehicle:
Provided that Government may, by notification in the official Gazette, permit, in such areas as may be specified in the notification the Civil Armed Forces, the Frontier Constabulary, the West Pakistan Rangers and the Armed Police to have an armed picket on the running board of a motor vehicle or otherwise than within the body of the vehicle.
87. No person driving a motor vehicle shall allow any person to stand or sit or anything to be placed in such manner or position as to hamper the driver in his control of the vehicle.
Stationary vehicles
88. No person driving or in charge of a motor vehicle shall cause or allow the vehicle to remain stationary in any public place, unless there is in the driver's seat a person duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measures taken to ensure that the vehicle cannot accidentally be put in motion in the absence of the driver.
Pillion riding.
89. No driver of a two wheeled motor cycle shall carry more than one person in addition to himself on the cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the cycle behind the driver's seat.
Rider to wear helmet.
1[89. (A)—No person shall drive, or ride the pillion seat of, a two-wheeled motor vehicle except when he is wearing a crash helmet.
Explanation.— In this section, "crash helmet" means a helmet made of such material and meeting such other requirements as may be prescribed].
Duty to produce license and certificate of registration
90. (1) The driver of a motor vehicle in any public place, shall on demand by any police officer in uniform or any officer of the Transport Department not below the rank of Sub-Inspector, on production if so required of his authority, produce his licence and the certificate of registration of the vehicle and where, the vehicle is a
1. Section 89 A added by Ord. No. VIII of 1978, s. 13.
transport vehicle, the certificate of fitness and the permit of the vehicle referred to in section 39 and 44, respectively for examination. (2) The owner of a motor vehicle, or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any person authorised in this behalf by Government, produce the certificate of registration of the vehicle and, where the vehicle is a transport vehicle, the certificate of fitness refined to in section 39. (3) If the licence or certificates, as the case may be, are not at the time in the possession of the person to whom demand is made, it shall be a sufficient compliance with this section if such person produces the licence or certificates within ten days at any police station in the Province which he specifies to the officer or authority making the demand: Provided that, except to such extent and with such modification as may be prescribed, the provisions of this sub-section shall not apply to a driver driving as a paid employee, or to the driver of a transport vehicle or to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicle.
Railway crossing
(2) The name and particulars of the person authorised by the owner under sub-section (1) shall be reported by the owner to the Registration Authority. (3) A person shall not be deemed to have been authorised by the owner of the vehicle for the purposes of sub-section (1) unless he has in his possession at the time of performing the act required to be done under that sub-section the written authority of the owner in this behalf.
Duty of driver to stop in certain cases.
and he shall give his name and address and the name and address of the owner of the vehicle to any person affected by any such accident or damage who demands it provided such person also furnishes his name and address.
Duty of owner of motor vehicle to give information.
93. The owner of a motor vehicle the driver of which is accused of any offence under this Ordinance shall, on the demand of any police officer or an officer of the Transport Department authorised in this behalf by Government, give all information regarding the name and address of and the licence held by the driver which is in his possession or could by the exercise of due diligence be ascertained by him.
Duty of driver in case of accident and injury to a person animal or damage to property.
94. When any accident occurs, in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall— (a) if any person is injured as a result of such accident take all reasonable steps to secure medical* attention for the person so injured, and, if necessary, convey him to the nearest hospital, unless the injured person or his guardian, in case he is a minor, desires otherwise;
(d) give on demand by a police officer or an officer of the Transport Department authorised in this behalf by Government any information required by such officer relating to the occurrence, or, if no such officer is present, report the circumstances of occurrence at the nearest police station as soon as possible and in any case within twenty-four hours of the occurrence.
Inspection of vehicle involved in accident.
Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned without unnecssary delay, and in no case later than Forty eight hours of its removal.
(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 nature of the mechanical or electrical signalling devices which may be used on motor vehicles;
(f) the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use; (g) prohibiting the driving down hill of a motor vehicle with the gear disengaged, either generally or in specified place;
(h) prohibiting the taking hold of or mounting of a motor vehicle in motion; (i) prohibiting the use of foot paths or pavements by motor vehicles; (j) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of obstruction to traffic. CHAPTER VIII OFFENCES, PENALTIES AND PROCEDURE
97. Whoever, being disqualified under this Ordinance for holding or obtaining a licence, drives a motor vehicle in a public place or applies for or obtains a licence or, not being entitled to have a licence issued to him free of endorsement, applies for or obtains a licence without disclosing the endorsements made on a licence previously held by him, or being disqualified under this Ordinance for holding or obtaining a licence, uses a licence such as is referred to in sub-section (2) of section 10, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and any licence so obtained by him shall be of no effect; and if the vehicle so driven is a transport vehicle or, the licence so applied for, obtained or used is a licence to drive a transport vehicle, shall be punished with imprisonment which may extend to two years and with fine which may extend to rupees one thousand, and any licence so obtained by him shall be of no effect.
Driving at excessive speed.
98. (1) Whoever drives a motor vehicle in contravention of section 75 shall be punished with fine which may extend to one hundred rupees, and when the vehicle is a transport vehicle, with a fine which shall not be less than one hundred rupees and which may extend to five hundred rupees.
(2) Whoever causes any person who is employed by him or is subject to his control to drive a motor vehicle in contravention of section 75 shall be punished with fine which may extend to two hundred rupees, and when the vehicles is a transport vehicle, with a fine which may extend to five hundred rupees. (3) No person shall be convicted of an offence punishable under sub-section (1) solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed, which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical device.
(4) The publication of a time table under which, or the giving of any direction that any journey or part of a journey is to be completed within a specified time shall if in the opinion of the Court it is not practicable in the circumstances of the case for the journey or part of a journey to be completed in the specified time without infringing the provisions of section 75, be prima facie evidence that the person who published the time table or gave the direction has committed an offence punishable under sub-section (2).
Driving recklessly or dangerously.
(2) Whoever, having been previously convicted of an offence specified in sub-section(1) shall, within three years of such conviction be guilty of an offence punishable under that sub-section shall be subject for every such subsequent offence to imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both, and where the vehicle is a transport vehicle, with imprisonment which may extend to four years and with fine which may extend to one thousand rupees
Driving while under the influence of drink or drugs.
101. Whoever drives a motor vehicle in any public place when he is to his knowledge suffering from any disease or disability calculated to cause his driving of the vehicle to be a source of danger to the public, shall be punished with fine which may extend to two hundred rupees, and if having been previously convicted of such an offence, shall again be guilty of an offence
Driving when mentally or physically unfit to drive.
punishable under this section, shall be subject for every such subsequent offence to fine which may extend to five hundred rupees.
102. Whoever abets the commission of an offence under section 99, 100 or 101, shall be punishable with the punishment provided for the offence.
Racing and trials of speed.
103. Whoever, without the written consent of Government, permits or takes part in a race or trial of speed between motor vehicles in any public place shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Using vehicle in unsafe condition.
104. Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, or if as a result of such defect an accident causing bodily injury to any person or animal or damage to property takes place, with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Sale of vehicle in or alteration of vehicle to a condition contravening this Ordinance.
105. Whoever, being an importer of or dealer in motor vehicles, sells or delivers or offers to sell or deliver a motor vehicle or trailer in such condition that the use thereof in a public place would be in contravention of Chapter VI or any rule made thereunder Or alters the motor vehicle or trailer so as to render its condition such that its use in a public place would be in contravention of Chapter VI or any rule made thereunder shall be punished with fine which may extend to two hundred rupees.
Provided that no person shall be convicted under this section if he proves that he had reasonable cause to believe that the vehicle would not be used in a public place until it had been put into a condition in which it might lawfully be so used.
106. Whoever drives a motor vehicle or causes or allows a motor vehicle to be used or lets out a motor vehicle for use in contravention of the provisions of sub-section (1) of section 44 shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, and if having been previously convicted of such an offence shall again be guilty of an offence punishable under this section, shall be subject for every such subsequent offence to imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
(2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or of food or materials to relieve distress or of medical supplies for a like purpose; provided that the person using the vehicle reports such use to the Regional Transport Authority within seven days.
Driving vehicle exceeding permissible weight.
108. Whoever contravenes the provisions of clause (c) of subsection (1) of section 92 or any of the provisions contained in section 94 or furnishes any information required to be furnished there under which he knows to be false shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Penalty for failing to stop in case of accident or failure to furnish information, etc.
109. Whoever takes and drives away any motor vehicle with out having either the consent of the owner thereof or other lawful authority shall be punished with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees or with both;
Taking vehicle without authority.
Provided that no accused person shall be convicted under this section if the Court is satisfied that the accused acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked to do so.
Unauthorized interference with vehicle.
111. Whoever willfully disobeys any direction lawfully given by any person or authority empowered under this Ordinance to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this ordinance to discharge, or, being required by or under this Ordinance to supply any information, withholds such
Disobedience of orders, obstruction and refusal of information.
information or gives information which he knows to be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punished with fine which may extend to two hundred rupees.
111-A. Whoever carries in any motor vehicle any appliance the carrying of which is prohibited by rules made under section 74 shall be punished with fine which may extend to five hundred rupees and such appliance shall be forfeited to Government.]
General provision for punishment of offences not otherwise provided for.
112. Whoever contravenes any provision of this Ordinance or of any rules made thereunder shall, if no other penalty is provided for the offence under this Ordinance, be punished with fine which may extend to one hundred rupees, and if having been previously convicted of such an offence, shall again be guilty of an offence punishable under this section, shall be subject for every such subsequent offence to fine which may extend to five hundred rupees.
Power of arrest without warrant.
113. (1) A police officer in uniform may arrest with out warrant any person who commits in his view an offence punishable under section 99 or section 100 or section 110:
Provided that any person so arrested in connection with an offence punishable under section 100 shall be subjected to a medical examination by a registered medical practitioner within two hours of his arrest, and if not so subjected within the said period of two hours shall be released from custody. (2) A police officer in uniform may arrest without warrant—
(3) A police officer arresting without warrant the driver of a motor vehicle shall, if the circumstances so required, take or cause to be taken any steps he may consider proper for the temporary disposal and safe custody of the vehicle
114. (1) Any police officer authorised in this behalf or other person authorised in this behalf by Government may, if he has reason to believe that any identification mark carried on a motor
1. Section 111 A added by Ord. No. VIII of 1978, s. 4.
vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced before him by the driver or person in charge of a motor vehicle is a false documents within the meaning of section 464 of the Pakistan Penal Code, seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document. (2) Any police officer authorised in this behalf by Government may, if he has reason to believe that the driver of a motor vehicle who is charged with any offence under this Ordinance may abscond or otherwise avoid the service of a summons, seize any licence held by such driver and forward it to the Court taking cognizance of the offence, and the said Court may, on the appearance of such driver before it and on such terms as to security as it may deem fit, return the licence to him, and require him to surrender any temporary acknowledgment given to him under sub-section (3). (3) A police officer seizing a licence under sub-section (2) shall give to the person surrendering the licence a temporary acknowledgment thereof and such acknowledgment shall authorise the holder to drive any motor vehicle specified in his licence until the hence has been returned to him or up to a date which the police officer shall specially in the temporary acknowledgment whichever is earlier: Provided that where for any cause in respect of which the holder of the licence is not at fault, he is unable to appear in the Court before the temporary acknowledgment ceases to be effective, any Magistrate or a police officer authorised by Government in this behalf may, on application made to him, substitute a later date in the temporary acknowledgment given under this sub-section.
Power to detain vehicle used without certificate of registration or permit.
116. (1) A Court taking cognizance of an offence under this Ordinance shall, unless for reasons to be recorded in writing, the Court directs otherwise or when the offence is an offence specified in part A of the Fifth Schedule state upon the summons to the served on the accused person that he-
Summary disposal of cases.
1[l 16—A(l)In any area to which Government have, by notification in the official Gazette, applied the provisions of this section, a Police Officer in uniform not below the rank of an Assistant Sub-Inspector of Police, may, notwithstanding any thing to the contrary contained in this Ordinance, or in any other law for the time being in force, charge on the spot any person committing within his view an offence, mentioned in the twelfth schedule in respect of a Scooter, motor cycle, motor rickshaw, private motor car or taxi. (2) A police officer acting under sub-section (I) shall draw up a charge in triplicate, in 'Form J, as set forth in the first schedule, in the case of an offence relating to a Scooter, Motor-cycle, or Motor Rickshaw and in Form K, as set forth in the said schedule, in the case of an offence relating to a private motor-car or taxi, and shall-
(3) A person charged with an offence under this section shall, within seven days of the delivery of the copy of the charge to him, deposit at any post office in 2[Province] or any branch of National Bank of Pakistan, or remit by money order to the court or Police Station, specified in the charge, an amount of rupees ten, if the
offence relates to a scooter, motor-cycle or motor rickshaw and an amount of rupees twenty, if the offence relates to a private motor car or taxi, and send intimation, of such payment to the Police Station specified in the charge served upon him, and upon his doing so, no further proceeding shall be taken against him in respect of that offence. (4) If the fine is not paid in the manner provided in subsection (3), the Police Officer drawing up the charge shall lay a complaint against the offender before the court having jurisdiction to try the offence.]
Restriction on conviction.
(c) within twenty-eight days from the commission of the offence a summons for the offence was served on him: Provided that nothing in this section shall apply where the Court is satisfied that-—
118. No Court inferior to that of a Magistrate of the second class shall try any offence punishable under this Ordinance or any rules made there under
Jurisdiction of Courts.
Publication of and commencement of rules.
(2) All rules made
under this Ordinance shall be published in the official Gazette, and shall, unless some later date is appointed, come into force on the date of such publication.
120. (1) Government may, for the purpose of carrying into effect the provisions of this Ordinance establish a Motor Vehicles Department and a Transport Department and appoint as officers thereof such persons as it thinks fit.
(2) Every such officer shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code. (3) Government may make rules to regulate the discharge by officers of the Motor Vehicles Department and the Transport Department of their functions, and in particular and without prejudice to the generality of the foregoing power, to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers to be exercised by them, and the conditions governing the exercise of such powers.
121. (1) An appeal under sub-section (3) of section 14, subsection (3) of section 16, sub-section (4) of section 17, sub-section (1) of section 36 or section 66 shall not operate as a stay of the order or proceedings under the order appealed from, except so far as the appellate authority may direct. (2) In an appeal under this Ordinance, the order appealed from shall not be altered or reversed merely on account of any error, omission or irregularity, not materially affecting of the merits, in the procedure or order of the original authority.
Repeal and savings.
122. (1) The enactments specified in the 1[Fourteen] Schedule are hereby repealed to the extent specified against each.
(2) Notwithstanding the repeal of the enactments specified in the Twelfth Schedule, everything done, action taken, obligation, liability penalty or punishment incurred, inquiry or proceeding commenced, officer appointed or person authorised, jurisdiction or power conferred, licence, certificate or permit granted, rule made and order issued under any of the provisions of the said enactments shall if not inconsistent with the provisions of this Ordinance, continue in force and, so far as may be, be deemed to have been respectively done, taken incurred, commenced, appointed, authorised, conferred granted, made or issued under this ordinance.
THE FIRST SCHEDULE FORMS FORM A [(See SECTION 7 (2)] FORM OF APPLICATION FOR LICENCE TO DRIVE A MOTOR VEHICLE SECTION I APPLICATION I apply for a licence to enable me to drive as a paid employee *otherwise than as a paid employee vehicles of the following description:—
(f) light transport vehicles public service vehicle, (g) heavy transport vehicles public service vehicle, (h) tractors, (i) road-rollers, (j) locomotives, (k) a vehicle of a special type (description attached) constructed or adapted to be driven by me. (*Strike out whichever inapplicable).
First Schedule—contd.FORM A—contd.SECTION II
1. Full name and name of father . . . . . . . . . . . . . . . . . . . . . . . . . . .
1[4.a Identity Card number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .] 5. Particulars of any licence previously held by applicant
1. Add by Ord: No. VIII of 1978. s. 15.
THE FIRST-SCHEDULE FORM A FORM A—contd SECTION-III
The applicant is required to answer "Yes" or "No" in the space provided opposite each question— (a) Do you suffer from epilepsy, or from sudden attacks of disabling giddiness or fainting? (b) Are you able to distinguish with each eye at a distance of twenty-five yards in good daylight (with glasses, if worn) a motor car number plate containing seven letters and figures?
(f) Do you suffer from a defect of hearing? (g) Do you suffer from any other disease or disability likely to cause your driving of a motor vehicle to be a source of danger to the public? If so, give particulars. I declare that to the best of my information and belief the particulars given in section II and the declaration made in section III hereof are true. Note:— An applicant who answers "Yes" to questions (b) and (c) in the declaration and "No" to the other questions may claim to be subjected to a test as to his competency to drive vehicles of a specified type or types. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . Signature or thumb impression of applicant.Dated . . .. . . . . 19. . .
CERTIFICATE OF TEST OF ABILITY TO DRIVE The applicant has passed/failed in the test specified in the Third Schedule to the 1Provincial Motor Vehicles] Ordinance, 1965. The test was conducted on . . . . . . . . . . . . . . . at . . . . . . . . . . . . . . . on (date)
Signature of Testing Authority.
Signature or thumb impression of applicants. (Here enter description of vehicle).
1. Subs for the words "West Pakistan", the word "Provincial", by P.O. 4 of 1975.
THE FIRST SCHEDULE—contd FORM B [See section. 4(2), section 7(3) and section 15]FORM OF MEDICAL CERTIFICATE IN RESPECT OF AN APPLICANT FOR A LICENCE TO DRIVE ANY TRANSPORT VEHICLE OR TO DRIVE ANY VEHICLE AS A PAID EMPLOYEE. (To be filled up by a registered medical practitioner).
3. Does the applicant suffer from any heart or lung disorder which might interfere with the performance of his duties as a driver? _______________ 4. (a) Is there any defect of visions? If so, has it been corrected by suitable spectacles? _______________
(d) Does the applicant suffer from a degree of deafness which would prevent his hearing the ordinary sound signals? _______________ 5. Has the applicant any deformity or loss of members which would interfere with the efficient performance of his duties as a driver? _______________ 6. Does he show any evidence of being addicted to the excessive use of alcohol, tobacco or, drugs? _______________ 7. Is he generally fit as regards (a) bodily health, and (b) eye sight? _______________ 8. Marks of identification _______________
FIRST SCHEDULE Form B. contd. I certify, that to the best of my knowledge arid belief the applicant is the person herein above described and that the attached photograph is a reasonably correct likeness of the applicant. Signature_________________ (Space for photograph),. Name ____________________ Designation________________
Special attention should be directed to distant-vision and to the condition of the arms and hands and the joints of both extremities.
THE FIRST SCHEDULE—FORM C FORM C [See section 8(1)] DRIVING LICENCE No_________________ 19 _________________ (Name) ____________________________________________ son/daughter of (father's name) _________________________ of (permanent address) ________________________________
Photograph 1[ .. ]
is licensed to drive, throughout the Province 1[name of the Province] of vehicles of the following description:—
(f) Heavy transport vehicle. (g) Locomotive. (h) Tractor. (i) Invalid carriage. (j) Road-roller. (k) A motor vehicle hereunder described.
FIRST SCHEDULE contd. FORM C-contd. He is also authorized to drive as a paid employee.* This licence is valid from . . . . . . . . . . to . . . . . . . . . . . . . . . . . . . . . . . . . (To be struck out if in applicable).
Authority.Date . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . Authorisation to drive public service vehicle— So long as this licence is valid and is renewed from time to time, the holder is authorized to drive a public service vehicle within the Province of 1[ name of the Province. ]
Signature and designation of prescribed Authority.
Date . . . . . . . . . . . . . . . . . . . . . . . . . 19
1. The words "West Pakistan", the words "name of the Province ", sub. by P.O. 4 of 1975.
THE FIRST SCHEDULE-contd FORM C—(contd).
Signature of LicensingAuthority
the . . . . . . .. . . . . . day of . . . . . . .. 19 the . . . . . . .. . . . . . day of . . . . . . .. 19 the . . . . . . .. . . . . . day of . . . . . . .. 19 the . . . . . . .. . . . . . day of . . . . . . .. 19 the . . . . . . .. . . . . . day of . . . . . . .. 19
. . . . . . ... . . . . . ... . . . . . ... . . . . . ... . . . . . ..
ENDORSEMENTS
Section and Rule
Fine or other punishment
Signature of Endorsing Authority
THE FIRST SCHEDULE-contd FORM D [See section 9] FORM OF APPLICATION FOR THE ADDITION OF A NEW CLASS OF VEHICLE TO A DRIVING LICENCE. I hereby apply for the addition of the following class/ classes of motor vehicles to the attached licence:—
(e) Light transport vehicle. (f) Heavy transport vehicle. (g) Locomotive. (h) Tractor. (i) Road-roller. (j) Invalid carriage. (k) Motor vehicle of a specified description. *I enclose (a) a medical certificate, (b) three copies of a recent photograph. *Required only where the applicant is not entitled to drive as a paid employee or a transport vehicle and now wishes to do so.
Signature of applicant.
THE FIRST SCHEDULE-contd FORM E [See section 12(2)] FORM OF APPLICATION FOR RENEWAL OF DRIVING LICENCE. I hereby apply for a renewal of the licence under the 1 [Provincial] Motor Vehicles Ordinance, 1965 which was issued to me on the ………………………… by ……………………………………………. (state title of Licensing Authority). I hereby declare that I am not subject to any disease or disability likely to cause my driving of a motor vehicle to be a source of danger to the public. Date …………………… 19. Signature of applicant.
1. Subs, for the words "West Pakistan", the word "Provincial" by P.O. 4 of 1)'
THE FIRST SCHEDULE -contd. FORM F [See section 25(1) FORM OF APPLICATION FOR THE REGISTRATION OF MOTOR VEHICLE.
Additional particulars to be completed only in the case of transport vehicle other than motor cabs14. Number, description and size of tyres—
FIRST SCHEDULE -contd. FORM F-contd.
The above particulars are to be filled in for a rigid frame motor vehicle of two or of three axles, for semi-trailer of are articulated vehicle of three axles or, to the extent applicable, for a trailer (other than the trailer to be registered as part of an articulated vehicle), as the case may be, Where a second trailer or additional trailers are to be registered with an articulated motor vehicle, the following particulars are to be furnished for each such trailer.—
Signature of applicant.Date 19 Explanation—An articulated vehicle means a tractor to which a trailer is attached in such a manner that part of the trailer is superimposed on and part of the weight of the trailer is borne by the tractor. Note:— The motor vehicle above described is held by the person to be registered as the registered owner, under a hire-purchase agreement with.— Signature of ownerSignature of Hire-Purchase Company.
THE FIRST SCHEDULE—contd. FORM G [See section 25 (2) and 41 (2)] FORM OF CERTIFICATE OF REGISTRATION Registered Number Brief description of vehicle {e. g., Ford touring car, Chevrolet 23 seater bus, Albion lorry, Trailer, etc). Name, name of father, and address of Registered owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of Registering Authority.Transferred to Signature of Registering Authority.Transferred to Signature of Registering Authority.Detailed Description.
FIRST SCHEDULE—contd. FORM G -contd. Additional particulars in the case of all transport vehicle other than motor cabs—
14. Registered axle weight ____
Additional particulars of alternative or additional trailer or trailers Registered with an articulated vehicle—
Date 19 Signature of Registering AuthorityNote:—The motor vehicle above described is held by the person registered as the registered owner under a hire-purchase agreement with Date _____________ 19 Signature of Registering Authority.
THE FIRST SCHEDULE—contd. FORM H [See section 37] DOCUMENT TO BE FURNISHED BY THE MAKER OR AUTHORIZED ASSEMBLER IN THE CASE OF TRANSPORT VEHICLES OTHER THAN MOTOR CABS. Certified that the vehicle Chasis No _____________ and Engine No __________________ manufactured by _________________ in the year _______________ has a wheel base of ____________ and is designed for maximum weights as follows when fitted with the tyre-equipment specified below:—Maximum laden weigth ___________________lbs. Maximum weight front axle ___________________lbs. Maximum weight rear axle- ___________________lbs. Maximum weight any other axle _________________lbs. Tyres-- Front wheels ___________________ Rear wheels ___________________ Other wheels ___________________ Date___________ 19. Signature of maker or authorized assembler.
Certified that I am authorised by the maker of the vehicle described above to issue this certificate.Signature of authorised assembler.
THE FIRST SCHEDULE—contd. FORM I [See section 39(1) and 40(2)]. CERTIFICATE OF FITNESS (APPLICABLE IN THE CASE OF TRANSPORT VEHICLES ONLY Vehicle No. ______________ is certified as complying with the provisions of Chapter VI of the 1[Provincial] Motor Vehicles Ordinance, 1965, and the rules made there-under . The certificate will expire on ______________ Signature and Designation of Inspecting Authority.Date____________ 19
The certificate of fitness is hereby renewed:— Upto __________________ 19 ____________________ Signature of Inspecting Authority. Upto __________________ 19 ____________________ Signature of Inspecting Authority Upto __________________ 19 ____________________
1. Subs for "West Pakistan" by P.O. 4 of 1975.
FIRST SCHEDULE -contd.1[“FORM J”See SECTION 116-A(2)
Ticket No. Book No.
Name of offender _____________________ Address of offender ____________________ Registration No. of scooter/motor cycle/motor rickshaw __________________ Particulars of offence __________________ Date of charge_______________________Name of Court having jurisdiction _______ Name of Police Station to which intimation of payment of fine is to be made _________ Signature/thumb-impression mark of the offender.- Note:- The amount of fine specified in this ticket is to be deposited within seven day at any post office in 2[Province] or in any branch of the National Bank of Pakistan, or forwarded by money order to the Court or police station specified in this ticket.
Name of offender _____________________ Address of offender ____________________ Registration No. of scooter/motor cycle/motor rickshaw __________________ Particulars of offence __________________ Date of charge_______________________Name of Court having jurisdiction _______ Name of Police Station to which intimation of payment of fine is to be made _________ Signature/thumb-impression mark of the offender.- Note —The amount of fine specified in this ticket is to be deposited within seven days at any post office in 2[province] or in any branch of the National Bank of Pakistan, or forwarded by money order to the Court or police station specified in this ticket.
Name of offender _____________________ Address of offender ____________________ Registration No. of scooter/motor cycle/motor rickshaw __________________ Particulars of offence __________________ Date of charge_______________________Name of Court having jurisdiction _______ Name of Police Station to which intimation of payment of fine is to be made _________ Signature/thumb-impression mark of the offender.- Note:- The amount of fine specified in this ticket is to be deposited within seven days at any post office in 2[Province] or in any branch of the National Bank of Pakistan, or forwarded by money order the Court or police station specified in this ticket.]
Subs: by P. O. 4 of 1975, for the words "West Pakistan
FIRST SCHEDULE -contd.1[“FORM K”]See SECTION 116-A(2)
Name of offender _____________________ Address of offender ____________________ Registration No. of motor car/taxi __________________ Particulars of offence __________________ Date of charge_______________________Name of Court having jurisdiction _______ Name of Police Station to which intimation of payment of fine is to be made . Signature/thumb-impression mark of the offender.- Note:- The amount of fine specified in this ticket is to be deposited within seven day at any post office in 2[Province] or in any branch of the National Bank of Pakistan, or forwarded by money order to the Court or police station specified in this ticket.
1. Form "K", ins. by W.P. Ord: No. XXII of 1969 s. 4. 2. Subs: for "West Pakistan", by P. O. 4 of 1975.
THE SECOND SCHEDULE [See section 7(5)] - 1. Disease and disabilities absolutely disqualifying a person for obtaining a licence to drive a motor vehicle.
11 Diseases and disabilities absolutely disqualifying a person for obtaining a licence to drive a public service vehicle.1. Leprosy.
THE THIRD SCHEDULE [See sections 7(6) and 18 (5)] TEST OF COMPETENCE TO DRIVE PART I The candidate shall satisfy the person conducting the test that he is able to—
Note:— (i) Requirements 6 and 7 are not applicable in the case of a motor cycle or tricycle not equipped with means for reversing. (ii) Requirements 6, 7 and 8 are not applicable in the case of invalid carriages. A candidate shall be deemd to have failed in the test, if during a road test, he does any three or more of the following acts or any one of such acts more than once:—
THE THIRD SCHEDULE-contd. A. Starting—
B. Stopping—
C. Turning—
D. Backing—
E. parking.
THIRD SCHEDULE—contd.
F. Traffic Signals.
G. Signs.
(3) Fails to observe direction signs. H. passing.
I. Hills—
J. Speed.
THE THRID SCHEDULE—contd.
(5) Hinders traffic by driving slowly in centre of street. K. Attention.
L. Attitude towards other:—
(4) Fails to anticipate what others may do. M. Miscellaneous.
THIRD SCHEDULE contd. (9) Careless about using proper hand signals or does not make signals clearly.
(TEST OF TRAFFIC LAWS AND CORRECT ROAD BEHAVIOUR OF APPLICANT) The candidate shall satisfy the Examiner that he is cognizant of the provisions of sections 85,86, 87,88 and 89 of the Tenth Schedule, that he knows the meaning of the traffic signs specified in the Ninth Schedule and the general provisions of the Highway Code.
PART III [TEST OF PHYSICAL FITNESS)
The candidate shall satisfy the Examiner that he is not subject to any disease or disability likely to cause his driving of a motor vehicle to be a source of danger to the public and particularly that—
THE FOURTH SCHEDULE [See sections 15 (1) and 40 (1) and (3)] AUTHORITIES ENTITLED TO GRANT LICENCE TO DRIVE AND TO REGISTER MOTOR VEHICLES, THE PROPERTY OR FOR THE TIME BEING UNDER THE EXCLUSIVE CONTROL OF THE 1[FEDERAL] GOVERNMENT, AND REGISTRATION MARKS FOR SUCH VEHICLES
The authorities specified in the second column may grant licences in respect of vehicles, the property or for the time being under the exclusive control of the Department of the 1Federal] Government specified in the first column. Defence Department of the 1. District Commanders. 1[Federal] Government
PART B The authorities specified in the second column may register motor vehicle the property or for the time being under the exclusive control of the Department of the 1[Federal] Government specified in the first column and may grant certificates of fitness in respect of such vehicles.
Defence Department of the 1[Federal] Government.
The Master-General of the Ordinance in Pakistan or any person authorised by him in this behalf.
PART C Registration marks for vehicles registered under section 40. A broad arrow followed by not more than six figures, or a broad arrow followed by a single letter and not more than five figures.
THE FIFTH SCHEDULE [See section 20 (2) and (3) and 116] OFFENCES ON CONVICTION OF WHICH AN ENDORSEMENT SHALL BE MADE ON THE LICENCE OF THE PERSON AFFECTED. PART A
PART B
1[THE SIXTH SCHEDULE][See section 25 (3) and 30 (2)]REGISTRATION MARKS
1. The sixth schedule, omitted by Ord. XXXVI of 1981.
1THE SEVENTH SCHEDULE] [See section 41] REGISTRATION MARKS FOR VEHICLES REGISTERED UNDER SECTION 41.
1. Omitted by W. P. Ord. XXXIX of 1965 section 3
1[THE EIGHT SCHEDULE] [See section 75] LIMITS OF SPEED FOR MOTOR VEHICLES.
Class of vehicles
Maximun speed in Kilometers per hour.
1. Passengers vehicle , that is to say, vehicles constructed soley for the carriage of passengers and their effects-(a) if all the wheels are fitted with peneumatic tyres and the vehicle is not drawing a trailer.-
(i) if the vehicle is a motor car
95
(ii) if the vehicle is a motor-cycle
70
(iii) if the vehicle is a motor-cab
80
(iv) if the vehicle is a public service vehicle, other than motor-cab, capable of carrying not more than 14 passengers excluding driver.
(v) if the vehicle is a public service vehicle capable of carrying more than 14 passengers excluding driver.
65
(b) if the vehicle, being motor-car or motor-cab, is drawing a two-wheeled trailer or a laden weight not exceeding 800 kilograms, and if all the wheels of the vehicle are fitted with peneumatic tyres.
50
(c) any other vehicle, including rickshaw and an invalid carriage.
1. Subs, by Ord. No. VTTT of 1978.
Maximum speed in Kilometers per hour.
2. Goods vehicles, that is to say, constructed or adapted for use for the conveyance of goods-
(a) if all the wheels are fitted with pneumatic tyres and the vehicle is a delivery van and is rot drawing a trailer.
(b) if all the wheels are fitted with pneumatic tyres and the registered laden weight of the vehicle does not exceed 10200 kilograms and the vehicle is not drawing a trailer.
(c) in any other case.
25
3. Tractors-
(a) (a) if drawing not more than one trailer and all the wheels of the tractor and trailer are fitted with pneumatic tyres.
(b) in any other case.
10
4. Locomotice, whether drawing a trailer or not10
1[THE NINTH SCHEDULE] [See sections 79, 81 and 82]TRAFFIC SIGNSPart A – Mandatory Signs
(1) The figure 20 is given merely as an example. The actual figures will be as prescribed in each case where this sign is used. (2) The general design of the post is given for guidance. (3) Where the speed limit is, or is to be, imposed only on a certain class or classes of motor vehicles the class or classes will be specified on the "definition plate". Where in addition to a general speed limit applicable to other motor vehicles a special speed limit is, or is to be imposed on vehicles of a certain class or classes, the general speed limit will be specified on the disc and the special speed limit together with the class or classes or vehicles to which it applies will be specified on the "definition plate".
THE NINTH SCHEDULE – Contd.
Note— Sign No. 5 as here setforth may be simplified by instructions inscribed upon a definition plate placed below it as in general arrangement setforth in sign No. 1 of this Part. Upon the definition plate may be setforth the times during which parking is prohibited. In like manner an arrow head inscribed on the definition plate will indicate that parking is prohibited on that part of the street or road lying to the side of the sign to which the arrow-head points.
THE TENTH SCHEDULE [See sections 81 and 82]DRIVING REGULATIONS
Provided that in no case shall he pass a tram-car at a time or is a manner likely to cause danger or inconvenience to other users of the road or pass on the left hand side of a tram-car, which, when in motion would be travelling in the same direction as himself, while the tram-car is at rest for the purpose of setting down or taking up passengers. 4. The driver of a motor vehicle shall not pass a vehicle travelling in the same direction as himself—
8. The driver of a motor vehicle shall, when passing or meeting a procession or a body of troops or police on the march or when passing workmen engaged on road repair, at a speed not greater than fifteen miles an hour.9. The driver of a motor vehicle shall—
(i) as far as may be practicable, it passes beyond, and so as to leave on the driver right hand, a point formed by the intersection of the centre lines of the intersection roads, and (ii) it arrives as near as may be at the left hand side of the road which the driver is entering.
THE ELEVENTH SCHEDULE [See section-83] SIGNALS
1[THE TWELFTH SCHEDULE. [See section—116-A.]
Serial No.
Section
Offence
1
3/112
Driving without licence.
2
4/112
Driving below age of eighteen years.
3
5/112
Owner of motor vehicle permiting contravention of section 3 or section 4.
4
23/112
Driving a motor vehicle which is not registered.
5
39/112
Driving a transport vehicle which does not carry a fitness certificate.
6
82/112
Disobedience of traffic signs, singals or directions of a police officer engaged in regulation of traffic.
7
85/112
Leaving vehicle in dangerous condition.
8
86/112
Riding on. running board.
9
87/112
Obstruction of driver.
88/112
Causing or allowing a motor vehicle to remain stationery in a public place in contravention of provisions of section 88.
11
89/112
Carrying three persons on a two wheeled motor cycle.
12
90/112
Refusal to produce licence, certificate of registration, certificate of fitness or permit.
13
101
Driving motor vehicle when suffering from disease or disability.
14
105
Sale of motor vehicle in or alternation of motor vehicle to a condition contravening the provisions of the West Pakistan Motor Vehicle Ordinance, 1965.
15
107
Driving motor vehicle exceeding permissible weight.
16
111
Disobedience of orders, obstruction and refusal of information"].
1. The twelfth schedule ins. by Ord. XXII of 1969. s. 5.
1[THE THIRTEENTH SCHEDULE] (See section-50, 53 and 67) Scale of compensation payable on death of or injury to a passenger in a stage carriage or contract carriage.
Death or Injury
Amount of Compensation
Rs.
1.
Death
16,000
2.
5,000
3.
Loss of left arm above or at the elbow . .
4,000
4.
Loss of right arm below the elbow . .
5.
Loss of leg at or above the knee . .
6.
3,600
7.
Loss of leg below the knee . .
8.
Loss of both legs . .
10,000
9.
Permanent loss of hearing . .
10.
Loss of one eye . .
6,000
11.
Loss of both eyes . .
12.
Loss of thumb . .
3,200
13.
Loss of all toes of one foot . .
14.
Loss of index finger . .
1. Ins. by Ord. No. IX of 1970 and Subs. by Ord. VIII of 1978.
15.
Loss of great toe ..
3,000
16.
17.
Permanent disfiguration of the face or head.
18.
Fracture or dislocation of a bone ..
19.
Emasculation ..
20.
1,000
21.
Any injury which endangers life or which causes the sufferer to be, during the space of twenty days severe bodily pain, or renders him unable to follow his ordinary pursuits. ..
2,000
22.
Medical expenses for an injury not specified in the schedule. ..
actual expenses certified by the Medical Officer.
THE FOURTEEN SEHFDULE [See section 122]
Short title
No. and year
Extent of repeal
The Motor Vehicles Act 1939
IV of 1939
The whole, except Chapters VII and VIII and section 125.
The Motor Vehicles (Sindh Amendment) Act, 1948.
Sindh XIV of 1948
The whole.
The Motor Vehicles (North-West Frontier Amendment) Act, 1950.
N.W.F.P. XII of 1950
The Motor Vehicles (Sindh Amendment) Act, 1951.
Sindh XVIII of 1951
The Motor Vehicles (North-West Frontier Province (Amendment) Act, 1953.
N.W.F.P. XIX of 1958
The Motor Vehicles (West Pakistan Amendment Act, 1958.
West Pakistan XIX of 1958.
The Motor Vehicles (West Pakis-tan Amendment) Ordinance, 1960.
West Pakistan Ordinance XXX of 1960
The Motor Vehicles (West Pakistan Amendment) Ordinance, 1963
West Pakistan Ordinance XI of 1963
1. Subs, for the word "thirteenth" by Ord. No. IX of 1970, and the words in crotchets was earlier subs, for "Twelfth by W. P. XXII of 1969
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