Drivers of Transport Vehicles involved in Accident cases, from holding
Many of the Motor Vehicle Accidents are caused due to negligence of Drivers. This is reflected in the monthly reports received in form ‘J’ from the Regional Transport Officers in respect of work done by Inspector of Motor Vehicle. It is not known is the Drivers at fault are firmly dealt with in such cases under relevant provisions of M.V. Laws. Section-19 of M.V.Act, 1988 vests power with the licensing authority to disqualify a person from holding the driving license on several grounds such as the driving of the Vehicle by the holder of license is likely to be attended with danger to the public etc.
2. Where the gravity of the offence on the part of the Driver causing accident is such it should warrant disqualification of the Driver to hold the driving license, the Inspector of Motor Vehicles while inspecting the accident cases should make a separate report to the licensing authority i.e. Regional Transport Officer/Addl. Regional Transport Officer / Asst. Regional Transport officer with his recommendation for disqualifying the Driver concerned from holding the driving license or to revoke such license depending on the gravity of the offence.
3. Action taken by the Inspector of Motor Vehicles in this regard should be reflected in his tour abstracts while furnishing monthly tour diaries to this office. The Licensing Authority immediately on receipt of report of I.M.V. will proceed to take action for disqualifying the Driver concerned adopting the procedure under Sec.19 of the Act and make necessary entry in Driving License Register. If the license was issued by the Licensing Authority of some other region necessary intimation should go forthwith to the concerned Licensing Authority for appropriate entry in his record. This would go a long way in minimizing the accident cases occurring due to negligence of Drivers.
The above instruction should be strictly complied with by all
of P.S.V. Badge to the Drivers and Conductors of Stage Carriages-Enforcing
display thereof and wearing of prescribed Uniforms.
badges have been prescribed for the Drivers of Public Service vehicles as
these promote a sense of discipline and discipline and responsible Drivers
and Conductors of such vehicles. They help the traveling public and other
concerned persons identify them. In spite of the fact that there are
provisions in the Motor Vehicles Act, 1988 and Rules framed there under
requiring the Drivers and Conductors to comply with this requirement large
number of cases of violations have come to the notice of this Authority.
The matter of meticulously enforcing the provisions and taking firm action
against the violators have therefore become necessary.
As such action careful considerations the following instructions
are issued: -
BADGE AND UNIFORM FOR DRIVERS
– 71 of the Orissa Motor Vehicles Rules, 1993 prescribed that the Driver
of a Public Service vehicle must have a badge and wear a
Khaki Uniform consisting of a long trouser and a Bush-Shirt having
two pockets and pair of shoes. The badge illustrated in the Third Schedule
of O.M.V. Rules, 1993 shall have to be displayed on the left side of the
chest of the Uniform. He has to himself ensure wearing of the uniform and
display of the Badge during his duty in driving the public service
AND UNIFORM FOR THE CONDUCTORS
Similarly, Rule 11 of the Orissa Stage Carriage (Licensing
of Conductors) Rules, 1994 provides that a Conductor shall use Khaki
Trouser with Khaki Half or Full Shirt and a pick cap while on duty and the
P.S.V. Badge shall be displayed on the left side of the chest in a
OF THE BADGES
The badges made of Brass, both for Drivers and Conductors are
kept in stock in the office store of the S.T.A. The Regional Transport
Officers (Licensing Authorities) who do not have adequate stock, should
arranges to collect the same from the office of the State Transport
Authority forthwith and issue to
the concerned Drivers and Conductors.
According to the provisions of Rule 71(b) of the Orissa Motor Vehicles Rules, 1993 the Driver of a public service vehicle while on duty shall display on the right side of his chest of the uniform worm by him a plate in white plastic of Size 8 cm X 2.5 cm inscribed with him name in hold black letters of size 0.5 cm in English and Oriya, one below the other respectively. Similarly, according to the Rule 11(1)(d) of the Orissa Stage Carriage (Licensing of Conductors) Rules, 1994 the Conductor of a Stage Carriage shall, while on duty, display on his right side of the chest a plate in white Plastic of size 8 cm X 2.5 cm inscribed with his name in bold letters of size 0.5 cm, both in English and Oriya One below the other respectively. These plastic plates will not be supplied by the Licensing Authorities but the Drivers and the Conductors shall have to get the same prepared at their own cost.
Licensing of Driving Schools and Establishments for imparting
Instructions in driving motor vehicles circulations of list among all other
Licensing Authorities in the State with copy to the Joint
Commissioner Transport (Tech.) Certificate of Driving Training issued by a
School of Establishment Licensed to be valid in all other Regions of the
Rules-24 or 31-A of the Central Motor Vehicles Rules 1989 deal with the
licensing of driving Training Schools or Establishments. As
provided therein all the licensing Authorities are competent to
grant licenses for opening and functioning of such driving schools or
establishments . For authorization to drive a transport vehicle requires
possession of a driving certificate issued by a school or establishments
referred to in Section-12 of the M.V. Act 1988 (vide Sec-9).
2. The requirement to be complied with by an applicant for grant or renewal of licenses for establishment of a driving school and the conditions to be observed by him during the currency of such licenses is given in detail under Rule-24 and 27 of the Central Motor Vehicles Rules 1989 respectively . Similarly the requirements to be complied with for grant of a temporary licenses is provided under Rule-31-A of the said rules.
3. You are hereby instructed to ensure that all such requirements are complied with without any deviation, by an applicant before grant of renewal of a license to him temporary or permanent as the case may be. During the currency of the licenses also, you should ensure through regular and surprise inspection of the school as well as the records maintained in the school to ensure that the conditions prescribed in the rules are complied with. In case any violation is noticed the same should be pointed out to the Head of the School with instruction to make good the omission within a reasonable period of time. If in spite of this, we fails to improve steps will be taken to suspend / revoke the licenses U/S-28 of the said rules.
4. Another important aspect which has been brought to our notice is that licenses driving schools even though have one vehicle and other limited provisions for the training , are issuing driving certificates to many persons, imparting driving training as per syllabus to such a number is though almost impossible within a limit period. Therefore while issuing the licenses to driving schools, the R.T.Os (Licensing Authorities) should specify the number of trainees to be taken for a particular course to be held during a specified period taking into consideration the number of vehicles and other provisions available for the training.
5. In order that the genuineness of a driving certificate (in form 5) issued by a Driving School licensed by are Licensing Authority produced before another licensing authority for grant of a licenses or addition of a new class of vehicle to an existing licenses or for grant of a licenses to driving a transport vehicle, as the case may be, can be that all the Licensing Authorities have a list of the driving school licensed by all other Licensing Authorities in the State with details particulars of such license like the class of vehicle(s) on which the school is licensed to impart driving training and the period of validity of such license etc. Similarly when a licenses authority revokes or suspends a license, it must circulated among all other Licensing Authorities in the State. Since this has not been done in respect of the licenses already granted by different Licensing Authorities, it is hereby instructed that each Licensing Authority shall immediately circulate a list of the schools already licensed by him with necessary particulars among all other Licensing Authorities (Tech.). Hereafter, any change in such list of a licensing authority as a result of grant of new licenses renewal of existing licenses suspension or revocation of licenses shall be circulated among all other licensing authorities in the State forthwith i.e. itself at the time of such grant, renewal suspension or cancellation as the case may be. A copy of such intimation shall also be sent to the address of Joint Commissioner Transport (Technical).
6. For information of all the Licensing Authorities it is hereby clarified that a driving certificate (in Form-5) issued by a Driving School licensed by one Licensing Authority shall be accepted by ot6her licensing authorities for the purpose of grant of a license or addition of a new class of vehicle to an existing license or for grant of license for driving a transport vehicle, as the case may be provided the same is countersigned by the Licensing Authority in whose jurisdiction the particular Driving Training School is situated and is imparting training. This clarification is, however without prejudice to the provisions of the M.V. Act 1988 regarding the jurisdiction of the Licensing Authority, for entertaining an application for a Driving Licenses.