Road and Traffic Act of Bangladesh

Government of the Peoples Republic of Bangladesh Dhaka Transport Coordination Board (DTCB)
Clean Air and Sustainable Environment (CASE) Project
DRAFT FINAL REPORT
PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
June 2011
Consultants Team Abdul Alam Bhuiyan - Lead Consultant M Abdur Rab Barrister A K Rashedul Huq Justice A K Badrul Huq (Peer Reviewer)
June 30, 2011 Abdul Alam Bhuiyan Consultant Regulatory and Institutional Component & Director DevConsultants Limited House no 04, Road 13 Baridhara, Dhaka
Project Director Clean Air and Sustainable Environment (CASE) Project Dhaka Transport Coordination Board (DTCB) Nagar Bhaban, Level 12 Dhaka 1000
Subject:
Regulatory and Institutional Consultant: Review and updating of the Motor Vehicle Ordinance 1983 and Proposed Road Transport and Traffic Act Draft Final Report. ___________________________________________________________________
Dear Sir, Please find attached the Draft Final Report of the Proposed Road Transport and Traffic Act 2011 with section by section comparison with the Motor Vehicle Ordinance 1983 for your perusal and necessary action. It may be requested that stakeholder comments on the draft may kindly be solicited so that the stakeholders workshop can be held and the draft finalized.
Thanking you Yours Sincerely
Abdul Alam Bhuiyan Consultant
CC
1. Executive Director, DTCB 2. Chairman, BRTA 3. Additional Executive Director, P&T, DTCB
DRAFT PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
TABLE OF CONTENTS
EXECUTIVE SUMMARY . .Ex-1 OVERVIEW BY CHAPTERS ..Ov-1 ANNEXURE : RESEARCH ON QUANTUM OF PUNISHMENT FOR TRAFFIC RELATED VIOLATIONS. Ax-1 CHAPTER I : PRELIMINARY. 1 CHAPTER II : ROAD TRANSPORT ADMINISTRATION. ..31 CHAPTER III : LICENSING OF DRIVERS OF MOTOR VEHICLES.62 CHAPTER IV: LICENSING OF WORKERS. ...104 CHAPTER V : AUTHORIZATION TO OWN MOTOR VEHICLES ..111 CHAPTER VI : REGISTRATION OF MOTOR VEHICLES ..119 CHAPTER VII : PERMIT FOR TRANSPORT VEHICLES .150 CHAPTER VIII : OPERATION OF PUBLIC TRANSPORT SERVICES 194 CHAPTER IX : CONSTRUCTION AND OPERATION OF TERMINALS 217 CHAPTER X : CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES 227 CHAPTER XI : MANUFACTURER, ASSEMBLER AND DEALERS 235 CHAPTER XII : USE OF ROADS AND HIGHWAYS .243 CHAPTER XIII : CONTROL OF TRAFFIC .282 CHAPTER XIV : PEDESTRIANS AND NON-MOTORIZED VEHICLES ..315 CHAPTER XV : ROAD SAFETY INSTITUTIONS AND PROCEDURES 327 CHAPTER XVI : TAXES ON MOTOR VEHICLES ...333 CHAPTER XVII : ANTI AUTO-CRIME MEASURES 351 CHAPTER XVIII : MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING BANGLADESH ..359 CHAPTER XIX : INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS .362 CHAPTER XX : PLANNING AND CO-ORDINATION ..399 CHAPTER XXI : OFFENCE AND PENALTY PROCEDURES 405 CHAPTER XXII : MISCELLANEOUS ...434 THE SCHEDULE ..437
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EXECUTIVE SUMMARY
Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA EXECUTIVE SUMMARY
EXECUTIVE SUMMARY
Henry Ford for the first time commercialised and mass produced motor vehicles in 1908. British India, within next six years enacted its first Motor Vehicles Act in 1914. Within next 25 years it was felt that the Act has become obsolete and redundant; therefore, it was replaced by a new Act, the Motor Vehicle Act, 1939. In about last 70 years the Motor Vehicles Act of 1939 has changed its name three times, East Pakistan Motor Vehicles Act 1939 (1947), The Motor Vehicles Act, 1939 (1972) and Motor Vehicles Ordinance 1983 (MVO 1983). Except for some insignificant changes, the structure and the contents of the Motor Vehicles Act 1939 are the current motor vehicle laws of Bangladesh. Laws are framed with the objective to regulate some form of activities, which in most cases are time sensitive. A motor vehicle of today and 70 years back are not same, similarly technology for motor vehicles, administration and operation are not same. Computers, the backbone of todays motor vehicle administration and operation was part of science fiction 70 years ago. The law to regulate motor vehicles may be obsolete and redundant but for that inadequacy the development of the technology and operation cannot wait, and did not wait. Modern vehicles kept on entering the market with newer technology and fuel source, the operation of public transport vehicles has changed, administration and regulation of transport sector is being done with new tools, standards and procedures and the roads users patterns have most radically changed. The new changes to the sector, in most cases, are not covered by the current law. As such, most of the changes are either outside of the purview of the law or backed by executive orders. Over the period of time, the effectiveness of the law has eroded and if the current situation continues the present law, MVO 1983, will have no relevance to the sector it is intended to regulate. With the above narrated backdrop the work of updating the MVO 1983 has been taken in hand. Consultancy to update the MVO is awarded to an individual consultant under the World Bank funded Clean Air and Sustainable Environment (CASE) Project. Though the contractual obligation is to a consultant, a team of four experts, a retired Judge of the Supreme Court, a barrister, a transport and legal expert, and the lead consultant has worked with the full financial, administrative and secretarial support of DevConsultants Limited for last 14 months to prepare this draft. In the Kick Off meeting of the consultancy it was observed that the structure and contents of the MVO 1983 is so obsolete and redundant that it is a better option to prepare a new law by the name of Road Transport and Traffic Act encompassing all road users instead of updating the MVO 1983. While preparing the provisions of the RTTA, it has been kept in mind that the law cannot be changed very often; therefore, provisions of the law have to be such that it should be able to address the present and foreseeable future road traffic regulation needs. At the same time provision has been kept in the law to keep in abeyance, if the Government so desires, laws which are considered appropriate for subsequent application. The MVO 1983 has 12 chapters, 183 sections and 12 schedules, while the proposed RTTA has 22 Chapters, 370 sections and one schedule. The number of chapters and sections has increased to address new issues while the number of schedules has dramatically reduced due to the fact that the schedules in most cases pertained to forms and procedures, which needs frequent changes, have been taken out of the MV law and will be addressed under the Rules / Regulations making powers. The methodology adopted for carrying out the study was: identification of the issues of each chapter, consultation of similar laws of the sub continent, regional countries like Malaysia and Singapore and UK and Australia to find out the legal provisions of similar issues in those laws. In addition discussion was conducted between the client, BRTA and the consultants. Interim reports were submitted as the work progressed. The chapter on the Bangladesh Road Transport Authority (BRTA) has been changed to Road Transport Administration to give the law greater application. BRTA is both a regulatory body and a service provider. It provides services in the form of issuance of motor vehicle license, registration of motor vehicles, issuance of vehicle fitness certificate and issue of permits etc. The road transport sector is growing at the rate of about 10% per annum; service demand is also growing at the same rhythm. Organizationally it is not possible for BRTA to grow at the same pace. Therefore, in the new law provision has been kept to outsource the services with regulatory oversight of BRTA. Provisions for licensing of drivers have been updated and fine tuned and has been brought in line with other modern laws. Classification of vehicles with license requirement for every class has been redefined. Provisions for bilateral / multilateral recognition of drivers license have been included to address the future needs of the drivers transiting through Bangladesh. MVO 1983 had restricted itself to licensing the conductors Ex-1
Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA EXECUTIVE SUMMARY
of the public service vehicles; the proposed new law includes licensing of all transport workers including helpers etc. The registration laws of motor vehicles have been modernized in line with other modern laws. Provisions have been made to ensure that vehicles imported or locally made comply with the construction, weight, equipment and emission standards and are fit for registration and use. In addition, to restrict the uncontrolled growth of motor vehicles provisions have been made for mandatory obtaining of authorization certificate from the Government prior to possessing a motor vehicle. Public transport operation has gone through radical changes and new and modern methods of public transport operation are order of the day. Provisions have been made to bring the public transport operation under competitive bidding and franchising. The provisions address the needs of individual vehicle operator, bus route franchises and Bus Rapid Transit (BRT) and taxi services. The issue of construction and license to operate terminals is also provided in the RTTA to facilitate private sector involvement in transport infrastructure development, operation and management. Manufacture and import of contraptions as motor vehicles is common in Bangladesh. Provisions have been made to ensure that every vehicle type is, proto-type approved, before being marketed. Provisions have also been made to regulate sale of parts, equipment and vehicle testing stations. Provisions have also been made in the RTTA to ensure manufacturers, assemblers and dealers obligations and buyers privileges. Provisions have been made to provide legal backing for the preparation and use of the Highway Code and the Traffic Sign Manual. Besides, elaborate legal provisions have been made to control the traffic on the highway to ensure efficient and smooth flow of traffic. Currently the MVO 1983 has no provisions to regulate pedestrians and non motorized transports. RTTA provides the necessary regulatory provisions to cover all road users. In addition RTTA empowers the local government organizations to prepare and enforce by laws on these subjects. The road safety institutions like Road Safety Councils and Committees have been provided legal coverage under the RTTA with additional empowerment. Provisions also provide some specific obligations of driver with regard to road accidents and accident investigation has been made a requirement under the RTTA. Provisions have also been made for mandatory use of helmets and seat belts while use of mobile telephone and ear plugs has been barred. The Motor Vehicles Tax Act 1932, which was an independent law has been modified, modernized and included in the RTTA. Insurance against third party risks is a universally acknowledged practice, the provisions on the subject in RTTA is outcome of extensive research on the subject. Auto crime has already assumed horrifying proportion; the subject has been addressed in the RTTA. The road transport and traffic system over a period of time has assumed a monumental importance in the economic welfare of the country; an unplanned growth of the sector may ultimately lead to a disaster for the sector. The root cause for lack of proper planning can be attributed to currently attaching the planning responsibilities to the regulatory and executive agencies as an appendix to their core functions without due importance. Provisions for a planning and research organization like Transport Research Laboratory (TRL), UK or Central Road Transport Institute (CIRT) of India has been provided in the RTTA. Twining arrangement with some reputed similar institution will take forward the proposed Institute of Road Transport of Bangladesh. The consultants have conducted extensive research on the quantum of punishment for traffic related offences, attached as annexure to this report. Recommended quantum of punishment in the RTTA is the outcome of that research. The penal provision (fines) in the MVO 1983, which has become irrelevant with time, has been translated into punishment units with a value assigned in Taka. In future it will become very easy to make the fines appropriate by enacting the changed punishment unit value by Gazette notification by the Government. The Draft presented here has tried to address the regulatory requirements of road transports and traffic in the current environment prevailing in Bangladesh. It is expected that extensive stakeholder and public feedback and consultation will be solicited to enrich the draft.
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OVERVIEW BY CHAPTERS
Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA OVERVIEW
OVERVIEW BY CHAPTERS
1. 1.1 INTRODUCTION This consultancy service is being provided to Dhaka Transport Coordination Board (DTCB), Ministry 1 of Communications under the World Bank funded Clean Air and Sustainable Environment (CASE) Project. The regulatory and institutional consultancy is part of the transport component of the CASE Project, which is being implemented by DTCB. The consultants services are broadly focused on: Review and recommend changes to the functions, organization and to the Act of DTCB to convert the organization to Mass Transit Authority; Review and recommend changes to the Motor Vehicle Ordinance 1983; Review and recommend changes to the Motor Vehicle Rules 1940 and 1984 Review and recommend changes t o Tax Act of 1932 and MV Tax Rules 1966; Prepare Guidelines on Traffic Impact Studies for new developments. In addition, to prepare regulation that will mandate new developments to obtain clearance from DTCB obligatory.
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2.
REVIEW AND RECOMMEND CHANGES TO THE MOTOR VEHICLE ORDINANCE 1983 The consultants have discussed the issues of the study with the client, the concerned official of the World Bank and officials of the Bangladesh Road Transport Authority. In addition a Kick Off meeting for the consultancy was held in DTCB on April 11, 2010 under the chairmanship of the Executive Director, DTCB attended by the Chairman BRTA and officials from both the organizations. Due to the urgency attached by the Government to the updating of the MVO 1983, the consultant was requested to work on the updating of the MVO 1983 first and revise the contractual work plan accordingly. In addition it was also decided in the Kick Off meeting that it will be more appropriate to replace the Motor Vehicle Ordinance 1983 with a new law by the name of Road Transport and Traffic Act (RTTA) to encompass the changes needed to include all road users and also modernize the current grossly redundant and inadequate Motor Vehicles Ordinance 1983.
2.1
BACKGROUND ON THE MOTOR VEHICLE ORDINANCE In the undivided India the Motor Vehicle Act was revised and freshly enacted in 1939 repealing the MV Act of 1914. After partition of India, legislation on motor vehicles being a provincial responsibility, the Motor Vehicle Act of 1939 became the East Pakistan Motor Vehicle Act. After the independence of Bangladesh the act was again renamed as the Motor Vehicles Act, 1939. The changes to the MV Act 1939 till date are as follows: During the Pakistan period, the Motor Vehicle Act of 1939 underwent some minor changes pertaining to penal provisions. In 1976, Government constituted an inter-ministerial committee to review the MV Act 1939. The then inter ministerial committee suggested some amendments to the MV Act 1939 and submitted its report in 1978. In 1983, taking into consideration the recommendations of the committee, Government repealed the MV Act 1939 and promulgated the Motor Vehicle Ordinance 1983. The Ordinance was promulgated retaining the structure of the 1939 Act with some changes in the procedures of licensing of drivers, registration of motor vehicle, and issuance of permits, insurance requirements and penal provisions.
CASE project has two components: (i) Environment, which relates to brick kiln emissions. The component is being implemented by Department of Environment, and (ii) Transport, which encompasses traffic management, institutional capacity building, and safety issues. The transport component is being executed by DTCB and DCC.
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In 1987, the MVO 1983 was amended and a new chapter was added. The chapter pertains to the establishment of the BRTA. Besides, some more changes were made to empower BRTA to make regulations relating to licensing of drivers, registration of motor vehicle and issuance of permits. It may be mentioned that till date no new regulations have been framed. In 1989 the MVO 1983 was amended again to reduce the penalty provisions and address some of the demands of the transport workers and owners.
There are no changes to the MVO 1983 after 1989. Soon after 1989, the Government realized that the structure of MVO 1983 is based on an obsolete law, nearly 50 years old, which lacked the relevance to the current day motor vehicle administration 2 and regulation. Subsequently in 1996 the Government constituted an inter-ministerial committee to review and update the MVO 1983. The Committee felt that the Motor Vehicle Ordinance should also include the other road users and road transport and should rename the MVO 1983 as Road Transports and Traffic Act. Some work was done by the Committee but it was never finished. In 2005 Government directed BRTA to revise the MVO 1983 and translate the law into Bangla. BRTA suggested few changes to the MVO 1983 mainly relating to: Financial management of the BRTA Enhancement of the penalty During the Caretaker Government (2007-2008) there was an effort to enact the proposed amendments as law but on the demand of the transport workers the amendments were returned for further review. It was also suggested to amend the Motor Vehicle Ordinance as Road Transport and Traffic Act. During the same period Transparency International of Bangladesh (TIB) submitted a report on the irregularities of the BRTA and inadequacies of the road transport and traffic related laws. As a follow up to the TIB report Government constituted two inter ministerial committees, one committee headed by Mr Shahjahan Khan, MP, and now Minister for Shipping for updating the road transport and traffic laws and the other headed by the Additional Secretary, Ministry of Communication for institutional strengthening of BRTA. The Inter ministerial committee headed by Mr Shahjahan Khan met twice. The committee felt that the assignment cannot be accomplished by a part time committee and if possible a full time consultant / consulting company should be engaged to prepare the draft law. As a consequence, the Chairman BRTA requested the Ministry of Communications to approach the World Bank to include this assignment as a sub component under the transport component of the CASE project being implemented by the DTCB. 3. BUSINESSES CONTRARY TO THE MVO 1983 Lack of updating of the law and introduction of new systems without amending the law and presence of procedures and forms in MVO has resulted in conducting of some of the current businesses of BRTA contrary to the legal provisions. These are: Issue of driving license with current currency, procedure for issue and renewal, and the driving license itself. Registration marks, number plate, the certificate of registration etc., are not in conformity with law. Issue of certificate of registration and fitness certificate to CNG and battery driven vehicles are not covered by law. Fitness certificates are being issued ignoring the already enacted emission standards. Issuance of type approval certificate to locally assembled vehicles is not covered by law. There is no provision for ordering phasing out of vehicles or fixing age limits of vehicles etc and many more.
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Consultant was a member Secretary of the inter-ministerial committee as the then Director, Engineering of BRTA Consultant was a member of the committee Ov-2
4. METHODOLOGY OF THE STUDY IN BRIEF The methodology for the study was drawn after giving due consideration to the background of the study, the objectives and the scope of work suggested in the Terms of Reference. The general methodology adopted by the consultants to formulate RTTA is as follows: The Consultants identified the issues of every chapter, one by one, which requires updating and discussed most of the issues with the officials of the Bangladesh Road Transport Authority, custodian of the MVO 1983. Reviewed the provisions of similar issues addressed in similar laws of India, Pakistan, Malaysia, Singapore, United Kingdom and Australia. Some of the provisions which appeared to be adequate and appropriate have been retained with necessary modifications; provisions which appeared to be inappropriate have been deleted. Identified the best practices narrated in the above mentioned laws, customised and appropriately incorporated them in RTTA provisions. While preparing the provisions of the RTTA, it has been kept in mind that the law cannot be changed very often; therefore, provisions of the law have to be such that it should be able to address the present and foreseeable future road traffic regulation needs. At the same time provision has been kept in the law to keep in abeyance, if the Government so desires, laws which are considered appropriate for subsequent application. Forms, schedules and procedures, which were previously part of the MVO 1983, are subjected to frequent changes due to change in technology, adaptation of new methods and practices in regulation and administration of road transport and traffic are proposed to be included in the rules and regulation to be framed under the proposed Act. Prepared comparative statement, by chapter and sections, of the current provisions of the MVO 1983 and the provisions proposed in the RTTA. It was decided to submit interim reports as the work progressed. Two Interim Reports have been submitted reflecting the works on 11 chapters for feedback and comments. In the Draft Final Report 22 chapters including the 11 chapters submitted earlier are included. The TOR of the consultants requires review and updating of the Motor Vehicles Tax Act 1932. The Consultants considered it appropriate to repeal the Vehicle Tax Act of 1932 and incorporate the necessary provisions of the Act as a chapter of the proposed RTTA. All 12 Schedules of the MVO 1983, which mainly pertains to frequently changeable forms and procedures, have been omitted and a new schedule regarding penalty provisions is included in the proposed RTTA and submitted with this draft without cross references to the penal sections. However, once all penal sections are finalized, section references will be provided in the schedule in the final draft. Forms and procedures will be addressed within the rule / regulation making powers.
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COMPARATIVE OVERVIEW OF THE MVO 1983 AND PROPOSED RTTA Sl no 1 Proposed RTTA Jurisdiction of the RTTA encompasses all road users, motorized, non motorized and pedestrian. Number of Chapters: 12 Number of Chapters 22 Chapters of the MVO 1983 with changed RTTA includes all renamed and names and number of old and new modified chapters of MVO 1983 sections in each chapter are as under: shown in the preceding column; in 1. Preliminary: Retained as addition includes the following new Preliminary (Number of sections: chapters: old 2 / New 5 ) 1. Authorization to own Motor 2. Bangladesh Road Transport Vehicles (Number of sections 9 ) Authority: Renamed as Road 2. Operation of public transport Transport Administration (Number services. (Number of sections 23 of sections: old 4 / New 42 ) ) 3. Licensing of drivers of motor 3. Construction and Operation of vehicles: Retained (Number of terminals (Number of sections 9 ) sections: old 21 / New 37 ) 4. Manufacturers and Dealers Ov-3 MVO 1983 Jurisdiction of the MVO was mainly limited to motorized traffic
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Sl no MVO 1983 4. Licensing of conductors: Renamed as Licensing of workers (Number of sections: old 9 / New 6 ) 5. Registration of Motor Vehicles: Retained (Number of sections: old 19 / New 22) 6. Control of Transport Vehicles: Renamed as Permit for Transport Vehicles (Number of sections: old 31 / New 19 ) 7. Construction and Maintenance of Motor Vehicles: Renamed as Construction, Equipment and Maintenance of Motor Vehicles (Number of sections: old 3 / New 6 ) 8. Control of Traffic: Retained (Number of sections: old 12+9 / 39 New ) 9. Motor Vehicles temporarily leaving or visiting Bangladesh: Retained. (Number of sections: old 1 / New 1 ) 10. Insurance of Motor Vehicles rd against 3 Party Risks: Retained. (Number of sections: old 29 / 37 New ) 11. Offences, Penalties and Procedures: Retained, (Number of sections: old 36 / New 18 ) 12. Miscellaneous: Retained (Number of sections: old 5 / New 3 ) 13. Number of Schedules: 12 Total number of sections in MVO: 183 Total number of schedules in MVO: 12 Proposed RTTA (Number of sections 6 ) 5. Use of Road and Highways (Number of sections 44 ) 6. Control of Pedestrians and NMTs (Number of sections 14 ) 7. Road Safety Institutions and Procedures (Number of sections 5) 8. Taxes on Motor Vehicles (Number of sections old 15 / new 13 ) 9. Anti Auto Crime Measures (Number of sections 15 ) 10. Planning and Coordination (Number of sections 2 ) 11. Number of Schedules: 1
Total number of Sections in RTTA: 370 Total number of schedules: 01
6. 6.1
OVERVIEW INTRODUCTION: In the Motor Vehicle Ordinance 1983, the Intent relates to motor vehicles only. In the proposed law, it is intended to include all modes of road transports and traffic including pedestrians and NMTs. Therefore, the Intent is modified to the effect and the proposed law is named as the Road Transport and Traffic Act
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CHAPTER 1: PRELIMINARY The chapter is retained with necessary modifications as Preliminary. This chapter covers the jurisdiction of the law and its effectiveness. Previously, the Chapter I had only two sections. In the MVO 1983 there were 63 definitions/interpretations but currently the chapter includes more than 200 definitions / interpretations, which may further increase in number or decrease based on the requirement dictated by the inclusion or deletion of provisions as the drafting of the proposed law is finalized. Of the 63 definitions / interpretations, many have been modified and retained. In addition in Chapter I, two new sections have been inserted. The additions of these sections are consequence of consultation of various similar laws of the region and South Asia.
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CHAPTER II: ROAD TRANSPORT ADMINISTRATION In the MVO 1983, Chapter IA was titled as Bangladesh Road Transport Authority. In RTTA the chapter has been numbered as Chapter II and renamed as Road Transport Administration. Previously the chapter had only four sections pertaining to: Ov-4
Constitution of the Bangladesh Road Transport Authority Meetings of the Authority Appointment of officers Power to make rules.
In the RTTA, it is proposed to have 42 sections relating to the powers for administration and control of road transports by the Government and the Bangladesh Road Transport Authority. The powers mainly relates to: Creation and composition of BRTA Creation of a road transport department under the Authority Regulatory powers for the officials of the Authority and Department to discharge their duties. Power to fix age limits for vehicles and application of other restrictions on the use of various transports. Power to create and maintain a Road Transport Revenue Fund. Power of the Government to make transitional provisions for addressing difficulties, if any, during implementation of the law, The power of the Government to grant exemption from certain provisions of the law for any class of vehicles and persons. Power of the Government to suspend certain provisions of the Act. 6.4 CHAPTER III: LICENSING OF DRIVERS OF MOTOR VEHICLES In MVO 1983 there are 21 sections relating to: Requirement of license Age limit Appointment letter Responsibility of owners Restrictions on the holding of driving license Granting of driving license Forms for driving license Addition to driving license Validity of the driving license, currency of the driving license, renewal revocation, suspension and disqualification etc.
In the proposed law this chapter contains 37 sections. Out of the 21 sections in this chapter of the MVO 1983, 19 sections have been retained with the necessary modification. Two sections have been deleted; forms and contents of driving license and renewal of driving license have been removed for inclusion in Rules / Regulation. The remaining 18 sections are new additions. The new issues mainly relates to: Grant of exemption from driving license to drive certain class of vehicle Restriction on persons who cannot have license Unfitness to drive Requirements of the learner drivers Recognition of the foreign driving license Examination of the applicants for driving license Classification of motor vehicles for the purpose of driving license Driving instructors certification Re-examination and retest of license holders / candidates Display of license Surrender and return of the license Unlawful use of license Driving by unlicensed persons Driver training school licensing Reporting of traffic violation and conviction to authority Reporting of suspension / cancelation Power to confiscate or deprive from holding a driving license.
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Provisions to recognize driving licenses of other countries based on bilateral and multilateral agreements.
The updating of this chapter is result of detailed comparison of the laws on motor vehicles from the South Asian and regional countries. In addition, the Chairman BRTA and his officers were kind enough to provide time for discussion on the issues.
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CHAPTER IV: LICENSING OF WORKERS The previously the chapter heading was licensing of conductors of stage carriages and had 9 sections mainly relating to grant of conductors license, suspension and revocation of the license and the power of the licensing and other prescribed authorities relating to the above mentioned activities. In the RTTA the chapter is renamed as licensing of workers. Provision has been made in the chapter to issue vocational license to the workers of transport vehicles like, helper, supervisor etc including the conductor. In the proposed Act 6 sections have been modified and retained with greater application to cover all transport vehicle workers. The 3 sections which related to procedures, which are subjected to frequent changes, have been omitted. These procedures are recommended for inclusion in the Regulation.
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CHAPTER V:
AUTHORIZATION TO OWN MOTOR VEHICLES
This is a new chapter proposed for inclusion in the RTTA. The chapter provides greater regulatory control on the possession of a motor vehicle by a citizen. The provisions of this chapter make it a mandatory requirement for a citizen to obtain a Government authorization to possess motor vehicles. The chapter has 9 sections which mainly relate to: Requirement of Authorization Certificate Grant of Authorization Certificate Furnishing of particulars of motor vehicles by the buyer / seller to obtain authorization. Power to limit the number of authorization by the Government Power to levy tax or duties on the Authorization Certificate Persons disqualified to obtain authorization certificate 6.7 CHAPTER VI: REGISTRATION OF MOTOR VEHICLES
This Chapter intends to replace Chapter IV of the MVO 1983, which incorporates provisions relating to the registration of motor vehicles containing 19 sections mainly relates: Requirements of registration Registration of motor vehicles of diplomatic officers Inspection of vehicles before registration Refusal of registration Transfer of ownership Procedure for hire purchase vehicles Alteration in motor vehicles Suspension and cancellation of registration Appeals by the aggrieved persons Requirements of transport vehicles for registration Issue and renewal of certificate of fitness of motor vehicles Registration of motor vehicles of Defence services Procedure for the use of trailers Power of the Authority to make regulations This Chapter in the proposed RTTA incorporates corresponding provisions of Chapter IV of the MVO 1983 and contains 22 sections; out of these, 4 sections are new insertions and the remaining are retained sections of the MVO 1983, almost all in modified form with necessary updating. The updating Ov-6
has been done in consideration of the present day need and the relevant laws in the neighbouring as well as some other Asian countries. The new insertions relates to assignment of registration marks, validity of certificate of registration and display of labels pertaining to various documents concerning fitness, permit, authorization etc. 6.8 CHAPTER VII: PERMIT FOR TRANSPORT VEHICLES Previously, chapter VII of the MVO 1983, Control of Transport Vehicles, related to regulatory control on the public transport vehicles. In the MVO 1983, the chapter has 31 sections pertaining mainly to conditions, procedures and issuance of permits for the public transport vehicles, terminals and institutions. Due to great changes in the operations of the public transport vehicles, it is not possible to include all regulatory provisions for operation of the public transports in a single chapter. Consequently, the regulatory provisions for public transport operation in RTTA have been provided in three chapters, namely: Chapter VII: Permit for transport vehicles Chapter VIII: Operation of public transport services Chapter IX: Construction and Operation of terminals. The chapter VII, Permit for transport vehicles relates to operation of single vehicle and private transport fleet. The chapter has 19 sections of which 14 are modified and retained sections of the chapter Control of Transport Vehicles of MVO 1983 and 5 are new inserted sections. Of the remaining 17 sections, 3 sections have been transferred to other chapters and rest 14 sections, which pertain to procedures, have been omitted from the Act. Procedures will be addressed under regulation making powers. 6.9 CHAPTER VIII: OPERATION OF PUBLIC TRANSPORT SERVICES This is a new chapter included in the RTTA to provide licenses to bus service vehicles including bus route franchising and Bus Rapid Transit and public carriers operation. Taxi cab service is also included under this chapter. The chapter consists of 23 sections and mainly relates to: Grant of operators license Persons disqualified for license or franchise Selection of routes for franchise Invitation and Evaluation of bids for license and franchise Fixing of ceiling for license or franchise Power of the Authority with to the regulation of the franchisee / licensee Regulation of the operating companies Marking of public vehicles Power to seize public vehicles for non compliance to regulatory provisions
The provisions of the chapter are the outcome of research into similar laws and previously conducted consultancies. 6.10 CHAPTER IX: CONSTRUCTION AND OPERATION OF TERMINALS This is a new chapter included in the RTTA with the objective of providing necessary provisions for regulatory control of the construction and operation of bus / truck terminals. The number of sections included in the chapter is 9 and mainly relates to: Grant of operators license Persons disqualified for license Invitation and Evaluation of bids for license Fixing of ceiling for license Power of the Authority with to the regulation of the licensee Regulation of the operating companies Power to suspend / cancel the operators license
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6.11 CHAPTER X: CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES This Chapter intends to replace Chapter VI of the MVO 1983, which incorporates provisions relating to the construction, equipment and maintenance of motor vehicles. The MVO 1983 contains 3 sections relating to: General provisions regarding construction and maintenance Right hand steering control of motor vehicles Power of the Government to make rules The Chapter X in the proposed RTTA incorporates corresponding provisions of Chapter VI of the MVO 1983 and contains additional 3 sections, in total 6 sections. The retained sections are all modified and updated. The new inserted section provides provisions for approval of design, construction, etc of vehicle, its parts and equipment by the authorized persons or vehicle testing stations and the issue of type approval certificate thereof which will help prevent production of vehicle or parts or equipment not complying with the requirements of this Act. 6.12 CHAPTER XI: LICENSING OF MANUFACTURER, ASSEMBLER AND THE DEALER OF MOTOR VEHICLES To ensure compliance to the obligations and duties of the manufacturers, assemblers and the dealers and safeguard the interest of the general users of the motor vehicles, this chapter is included in the RTTA as a new chapter. The chapter contains 7 sections in respect of: definitions of rebuilt salvage vehicle, reconstructed vehicle and salvage vehicle purchaser requirements of license for manufacturer, assembler, importer and the dealer in of motor vehicles requirements of used parts dealer, wreckers and builders licence requirements of motor vehicle trade certificate sale of vehicle in or alteration of vehicle to a condition contravening this Act duty of manufacturers and dealers to notify safety-related defects in motor vehicles power to make regulations 6.13 CHAPTER XII: USE OF ROADS AND HIGHWAYS This is a new chapter inserted in the Act with the objective to regulate the use of roads and highways by the motorized, non motorized and pedestrian traffic in a safe and efficient manner. Out of the 44 sections of this chapter, 10 sections have been updated and incorporated on transfer from Chapter VII and 2 sections from Chapter X of the MVO for their appropriateness to this chapter. The newly inserted sections incorporate provisions for Issue of Highway Code and Traffic Sign Manual, Erection of official traffic signs, Prevention of display of unauthorized signs or signal, Power of local authorities in respect of traffic, Power to remove traffic hazards, Temporary prohibition or restriction of traffic, driving regulations, use of road by different types of traffic, Privileges of emergency vehicles, Power to restrict pedestrians crossings, Liability for damage of highway or structures, highway collection, etc. 6.14 CHAPTER XIII: CONTROL OF TRAFFIC This chapter was chapter VII of the MVO 1983containing 22 sections. The currently the number of sections in this chapter is 39. Of these 39 sections, 12 sections have been retained and 8 sections have been transferred from other chapters for their appropriateness to this chapter. In every case the sections have been modified and updated. In addition 19 new sections have been added to the chapter. The sections mainly relates to: Ov-8
Restrictions on the use of mobile telephone and ear plugs Control of traffic at processions, assemblies and public resorts Fitting and wearing of safety seat belts Power to remove or immobilize vehicles Restriction on the racing of vehicles on the road Elude police officers Careless and inconsiderate driving Power to prevent driving by incapable persons Power Police officers / other officers to investigate an incident.
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CHAPTER XIV: CONTROL OF PEDESTRIANS AND NON-MOTORIZED VEHICLES This Chapter is a new insertion in the proposed RTTA. It incorporates provisions for the control of pedestrians and the non-motorized vehicles and such other traffic and the rights and duties of these traffic. It also provides provisions for empowering police officers and other authorized officers to exercise control over these traffic. The Chapter contains 13 sections relating mainly to the following issues: Pedestrian crossings Pedestrian obedience to traffic-control devices and traffic regulations Pedestrian obedience to bridge and railroad signals Pedestrians provisions on highways Provisions to deal with pedestrians under influence of alcohol or drugs Drivers to exercise due care at the pedestrian crossings Certain provisions of this Act to apply to non-motorised vehicles Traffic laws applying to persons on bicycles and other human powered vehicles Regulatory provisions for riding on bicycles Rights and duties- invalid carriage The chapter provides provisions for the local bodies to frame by laws or regulations for controlling the construction, operation and licensing of manufacturer, operators of NMTs.
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CHAPTER XV: ROAD SAFETY PROCEDURES This new inserted Chapter XV in the proposed RTTA contains 5 sections in respect of: Road Safety Council and Committees Duty of driver in case of accident and injury to a person Inspection of vehicle involved in accident Accidentally putting vehicle in motion Special provision as to accident inquiry Power to make regulations Of the 5 sections 2 sections have been updated and incorporated on transfer from Chapter VII of the MVO for appropriateness to this chapter. The newly inserted 3 sections incorporate provisions empowering Government to constitute Road Safety Councils and committees and also constitute accident inquiry committee and lay down procedures for the discharge of functions by the safety council and committees. Besides, there is a provision for investigation into accidents.
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CHAPTER XVI: TAXES ON MOTOR VEHICLES The Motor Vehicles Tax Act 1932 is an independent law relating to the imposition and realization of taxes from the motor vehicles owners. In the TOR of the Consultants, one of the tasks is to review and update the above mentioned Act. The Consultants considered it more appropriate for the law to be a part of the proposed Act. Consultants while reviewing this law have reviewed the similar laws of West Bengal, India and Punjab, Pakistan, where motor vehicle taxation is a provincial subject. The Motor Vehicles Tax Act 1932 had 15 sections, which included sections on short title and definitions. Of the 15 sections 7 sections have been deleted including short title and definitions as Ov-9
they have already been addressed in the relevant sections of this Act. The other 5 sections deleted pertain to mainly procedures. The procedural issues are to be addressed under rule / regulation making powers. The current 13 sections under this chapter mainly pertain to: Appointment of Taxing Officers Imposition of tax Liability for non payment of tax in time Search and seizure of vehicles for non payment tax Suspension of certificate of registration for non payment of tax Recovery of unpaid tax. Levy of road users charges Power of the Government from payment of taxes. Penal provisions and compounding of offence under this chapter 6.18 CHAPTER XVII: ANTI AUTO-CRIME MEASURES This new inserted Chapter XVII in the proposed RTTA contains 15 sections. Of the 15 sections 2 sections of Chapter X of the MVO have been updated and incorporated in this chapter for their appropriateness. The sections of this chapter mainly pertain to provisions on: Preventing crimes relating to keeping and use of stolen cars Falsification and unauthorized use of vehicle number Forgery of documents Seizure and disposition of stolen vehicles and parts False statement and declaration in the course of giving evidence or for obtaining license or registration etc. 6.19 CHAPTER XVIII: MOTOR VEHICLES TEMPORARILY LEAVING AND VISITING BANGLADESH This chapter deals with the motor vehicles temporarily leaving and visiting Bangladesh. In the MVO1983, there is one section. The section provides provisions empowering the Government to frame rules regarding vehicles temporarily leaving and visiting Bangladesh. Though this provision existed in the Motor Vehicles Act 1939 and Motor Vehicles Ordinance 1983 but till date no rules on the issues have been framed. In the RTTA the section has been retained with some modifications. 6.20 CHAPTER XIX: INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS In the MVO1983 there are 29 sections primarily focusing on: rd Requirement of insurance against 3 party risks Limit of liability Duty of Insurers Rights of third parties against insurers Settlement between insurer and insured Provisions for cooperative insurance Liability of the vehicles owners in the absence of insurance Claim of compensation Provisions for constitution of Claims Tribunal Award of compensation and recovery of money due under award In the RTTA all the 29 sections have been retained with necessary modification. In addition 7 more sections have been added. The motor vehicle insurance is an internationally recognized practice. All the road traffic laws of the South Asia, regional countries, UK and Australia etc have provisions for insurance against third party risks as compulsory. On review of the laws under reference 7 new sections have been added to existing provisions to further modernize the law. These mainly relates to: Provisions of certificate of securities in lieu of insurance policy Validity of insurance policies issued in reciprocating countries Application of this chapter for claim of compensation under the Bangladesh Labour Act, which is applicable in case of road transport workers. Compensation in case of hit and run motor accident
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6.21 CHAPTER XX: PLANNING AND COORDINATION This is a new chapter making provisions for establishment of a road transport planning organization in the name of Institute of Road Transports (IRT). Consultants have observed over an extended period that the existing road transport and traffic related organizations especially BRTA, local government bodies and Police lack the necessary planning capability, which has now become very technical and specialized, to ensure a well planned, efficient and sustainable road transport and traffic system. The road transport and traffic system over a period of time has assumed a monumental importance in economic welfare of the country; an unplanned growth of the sector may ultimately lead to a disaster for the sector. The root cause for lack of proper planning can be attributed to currently attaching the planning responsibilities to the regulatory and executive agencies as an appendix to their core functions without due importance. The Institute of Water Modelling (IWM) of Bangladesh is an example of specialised body which is acting as technical support and advisory organization to the principal functionaries like the Water Development Board, Inland Water Transport Authority and other associated organizations responsible for water supply, water resources development and management. The above mentioned organization, which is an autonomous body, started its functioning under a twining arrangement with another well established similar organization, Danish Hydraulic Institute (DHI). Currently, the IWM has become a centre of excellence by its own rights and at the same time a financially self sustaining organization. The institutions for planning, research and development of road transport sector can also be found in developed and developing countries. The Transport Research Laboratory (TRL) of UK and Central Institute of Road Transports of India can be cited as examples. Similar arrangement needs to be developed for the road transport sector of Bangladesh which currently caters for more than 80% of the transport needs of the country. 6.22 CHAPTER XXI: OFFENCES, PENALTIES AND PROCEDURES
In this chapter of the MVO 1983 there are 36 sections pertaining to offences relating to traffic violations, power of the officials, certain procedures for prosecution and recording of penalties. Out of the 36 sections 18 sections have been transferred to other chapters for their appropriateness. 4 sections have been deleted. In the RTTA there are 19 sections under this chapter. Out of the 19 sections 14 sections have been modified and retained from the MVO 1983 and 5 new sections been added. The 5 new sections mainly relates to: Obedience and scope of the Act Prosecution officers have been named. Evidences admissible for conviction Service of notices and summons The punishments under this chapter can be classified into three categories; namely fines, imprisonment and penalties with regards to suspension, disqualification and cancellation of documents of drivers (license) and vehicles (registration certificate, fitness certificate, permits etc.). In the MVO 1983, sections relating to offences were generalized in nature 4, in the RTTA the offences 5 have been made more specific . The penalty / punishment in MVO 1983 are also generalized in 6 7 nature ; in the RTTA the fines, based on the severity of the offence, has been made fixed while the 7 punishment amounting to imprisonment has been left open to the discretion of the trial officers. In the MVO 1983 fines are sum of money expressed in Taka. Over a period of time, due to inflation, the amount of fine becomes absolutely no deterrent. Therefore, from time to time these fines need to be
4
5
Driving when mentally or physically unfit to drive Drive, a motor vehicle with defective eyesight or with any other disease or disability likely to cause driving to be a source of danger to the public. 6 With imprisonment which may extent to three months or with fine which may extent to Taka 500 or both.
7 Imprisonment: May extend to three months and Penalty: 30 units , 1 penalty point = Tk 200
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increased to keep the effect of their deterrence. Therefore, it becomes necessary, from time to time, to amend all sections of MVO 1983 which have penal provisions. To overcome this situation in RTTA, 7 penalty units have been introduced . Presently one penalty unit is proposed to be Tk 200.00. Just by 7 increasing the value of one penalty unit all fines can be enhanced. In addition in the RTTA, demerit point for an offence has also been assigned. On accumulation of certain number of demerit points a license of the offender shall get automatically suspended. In case of schedule on spot fines as given in MVO 1983 has been omitted from the MVO 1983 and proposed to be in the Rule making power of the Government. Offences of the schedule are very minor in nature and not exceeding 10 units of fine. In addition the list of the offence may increase due to introduction of new technologies and traffic control procedures and methods. Therefore, it is appropriate not to include it in the RTTA but make it part of the Rules. A detailed study was undertaken by the consultants on the quantum of punishment for road traffic related offence. A copy of the report is made annexure to this. The punishments / fines proposed in the schedule of the RTTA are based on the outcome of the study. 6.23 CHAPTER XXII: MISCELLANEOUS In the MVO 1983, there are 5 sections pertaining to: Publication of Rules Officers to exercise the powers of the police officer Any authority by the Government to exercise modified powers Effect of appeal and revision order passed by the authority Repeal and Saving In the RTTA two sections with modifications have been retained under this chapter, 3 sections have been modified and transferred to other chapters for the location of their appropriateness. A new section, which requires declaration by applicant on the correctness of all documents / certificates /information submitted to the authorities. 7. WAY FORWARD The Draft Final Report is the outcome of research, discussion and incorporation of suggestions from the stakeholders. The way forward for the finalization of the document is as follows: The Draft should be circulated among as many stakeholders as possible including citizens group. As per the requirement of the TOR, a stakeholders meeting should be held to obtain the views and comments from them. On receipt of the comments / suggestions the draft will be finalized and a Final report will be submitted and the RTTA will be submitted without the current cross reference to MVO 1983. Once the proposed RTTA is accepted, it will be translated to Bangla.
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ANNEXURE RESEARCH ON QUANTUM OF PUNISHMENTS FOR TRAFFIC RELATED VIOLATIONS
Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA ANNEXURE
RESEARCH ON QUANTUM OF PUNISHMENT FOR TRAFFIC RELATED VIOLATIONS

The Cabinet of Ministers in its meeting of 02 Aug 2010 observed that the Motor Vehicle Ordinance lacks the following: Adequate punishment for reckless and dangerous driving No punishment for fake license Adequate provisions for ensuring use of helmet and seat belts and no use of mobile phone while driving.
In addition to the above the Cabinet also observed that there is need for the following: Adequate enforcement of the Motor Vehicle Ordinance and its subordinate laws Drivers training prior to grant of driving license Yearly / half yearly refreshers training for Government drivers. Strengthening of BRTA and filling in of vacant positions in BRTA
In view of the above the consultants were requested both by the DTCB and BRTA to prepare a draft for amendment of the MVO 1983 to address the above mentioned inadequacies in the law on an urgent basis. These amendments, at a later stage, can be incorporated in the new law, Road Transport and Traffic Act, which is under draft by the consultants as a preparation for repealing MVO 1983. The proposal for the amendment to the MVO 1983 pertains to the following: Traffic and Safety related provisions Penal provisions
Traffic and Safety Related Provisions The provisions of the MVO 1983 which have been proposed for amendment to address the traffic and safety related provisions are as follows: Replaced Section 85 (I): Speed limit based on vehicle type has been further strengthened with national and local speed limits. Replaced Section 90: The new provisions include unobstructed traffic flow and parking on payment Replaced Section 91: Main roads have been replaced by Arterial Roads based on traffic engineering Consideration Replaced Section 92: Replaced the provisions of motor vehicle drivers to obey mandatory traffic signs with provision for all road users to obey traffic directions Inserted new provision 92A to 92M (13 sections): Lane discipline, rights of emergency vehicle, restriction on use of mobile phone and ear plugs, pedestrian crossing, duty of the driver and pedestrian; obligation of non motorized vehicles, etc. Replaced Sec 93, on traffic signaling to modernize and strengthen the provision Inserted new sub sections 100 (3), (4), & (5) with provision for use of approved helmet and punishment for non use Inserted new section 101A: Fitting and wearing of seat belts compulsory with provisions for punishment Inserted a new proviso to section 105: Restricting removal of vehicles involved in accident.
Penal Provisions The MVO 1983 provides three types of penal provisions, which are: Section 137: Provides general provision for punishment for offences for which specific punishment is not provided. Section 138 to Section 158: Provides provisions for punishment against specific offence, which are A-1
executed by the court and summary trial by Authorized Police Officer (DC Traffic ) and Departmental officers (Assistant Directors of BRTA) Section 163: Provides provisions for Spot fines for traffic infringements which are executed by Police Sergeants / sub inspector of Police / Motor Vehicle Inspectors. Besides, there are provisions for impounding documents and detention of offending motor vehicles. The consultants were requested to review the current provisions for quantum of punishment and propose enhancement. Objective of Punishment: Punishment is awarded with the objective of meting out justice to a victim and uses it as a tool for deterrence. Justice to both the victim and offender needs to be ensured and a balance between the two has to be established. At the same time it has to be used as an effective deterrence. Quantum of Punishment: The quantum of punishment to be awarded to an offender is outcome of research and social interactions and deliberation. In Bangladesh such research and interaction is yet to be established. Alternatively, provisions of similar laws of neighboring countries are used as guidelines, analyzed and adopted with customization for the local conditions. The consultants have made proposal for updating of the quantum of punishment based on an exercise as mentioned above. Results of the exercise on the quantum of punishment are as under: Section 137: Existing : Proposed: India: Pakistan: Malaysia: Singapore: General Provision for offences and Penalties First Offence: Fine up to Tk 200 Subsequent: Up to Tk 400 Up to 1 month or fine not less than Tk 500 and not more than Tk 2000 or both. First offence: Up to Rs 100, Subsequent: Up to Rs 300 Non Professional: Not less than Rs 200 and up to Rs 500 Professional: Not less than Rs 500 and up to Rs 1000 First offence: Up to 3 months or up to Rm 1000 or both Subsequent: Up to 6 months or up to Rm 2000 or both First offence: Up to 3 months or up to S$ 1000 Subsequent: Up to 6 months or up to S$ 2000 Driving without license Up to 4 months or fine up to Tk 500 or both Up to 3 month or fine Tk 3000 (fixed) or both Up to 3 months or fine up to Rs 1000 or both Not specific but covered under general provision Up to 3 months or up to Rm 1000 or both
Section 138: Existing: Proposed: India: Pakistan Malaysia Singapore Section 139: Existing Proposed India Pakistan Malaysia Singapore Section 140 (1): Existing: Proposed:
Fitting and using prohibited horns Tk 100 (fixed) Tk 500 (fixed) Covered under general provision Covered under general provision Covered under general provision Covered under general provision Disobedience of Orders, withholding information or giving untrue information 1 month imprisonment and fine up to Tk 500 or both Disobedience fine of Tk 1000.00, Withheld / untrue information : up to 1 month or fine of Tk 2000 or both.
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India: Pakistan: Malaysia: Singapore: Section 141 (1): Existing: Proposed: India: Pakistan: Malaysia: Singapore: Section 141 (2) Existing: Proposed: India Pakistan Singapore Malaysia Disobedience up to Rs 500, withheld / untrue information: up to 1 month and fine up to Tk 500 Fine up to Rs 200 Untrue information: Up to 1 year or up to Rm 5000 or both Withheld / untrue information: Up to 6 months or S$ 1000 or both Driving when disqualified to hold a driving license Up to 3 months or up to Tk 500 or both Up to 3 months or Tk 3000 or both Up to 3 months or up to Rs 500 or both Non Professional: Up to 6 months or up to Rs 500 or both Professional: Up to 2 years or Rs 1000 Up to 1 year or up to Rm 5000 Up to 3 years or up to S$ 10000 or both Acts as a conductor when disqualified Up to 1 month or up to Tk 200 or both Up to 1 month or Tk 1000 or both Up to 1 month or up to Rs 100 or both Up to 3 months or S$ 500 or both Up to 6 months or Rm 2000 or both
Section 141 (3) Existing Proposed Section 142 (1) Existing Proposed India Pakistan Malaysia Singapore BPC 1 279
Fail to produce driving license on demand by any authority Tk 50 (fixed) Tk 500 (fixed) Driving exceeding speed limit First Offence: Up to 1 month or up to Tk 300 or both Subsequent: Up to 3 months or up to Tk 500 or both First Offence: Taka 2000 (fixed) Subsequent: Tk 5000 (fixed) First Offence: Up to Rs 400 Subsequent: Up to Rs 1000 Non Professional: Not less than Rs 200 and up to Rs 500 Professional: Not less than Rs 500 and up to Rs 1000 Up to Rm 1000
Rash and Negligent driving likely to cause hurt or injury (Exceeding Speed limit) Existing Up to 3 years or not less than Taka 1000 and up to Tk 5000 or both 2 India (IPC 279) Up to 6 months or up to Rs 1000 or both 3 Pakistan (PPC 279) Up to 2 years or up to Rs 3000 or both
Section 142 (2)

1
Causes or allows driving exceeding speed limits
BPC: Bangladesh Panel Code IPC: Indian Panel Code PPC: Pakistan Panel Code A-3
2 3
Existing Proposed India Pakistan Malaysia Section 143 Existing Proposed India Pakistan First offence: Subsequent: First offence: Subsequent: First offence: Subsequent: Private vehicle: Transport Veh: Up to 1 month or up to Tk 300 or both Up to 3 months or up to Tk 500 or both Taka 2000 (fixed) Taka 5000 (fixed) Up to Rs 300 Up to Rs 500 Up to Rs 200 Up to Rs 500
Driving Recklessly or Dangerously First offence: Up to 6 month or up to Tk 500 or both Subsequent: Up to 6 months or up to Tk 1000 or both First offence: Up to 1 year or Tk 5000 (fixed) or both Subsequent: Up to 2 years or Tk 10,000 (fixed) or both First offence: Up to 6 months or Rs 1000 or both Subsequent: Up to 2 years or Rs 2000 or both Non Professional: First offence: Up to 6 months or up to Rs 500 Subsequent: Up to 2 years or up to Rs 1000 or both Professional: First offence: Up to 1 year or up to Rs 1000 Subsequent: Up to 4 years or up to Rs 1000 First offence: Subsequent: First offence: Subsequent: Up to 3 year or up to Rm 6000 or both Up to 5 years or up to Rm 10,000 or both Up to 1 year or up to S$ 3000 or both Up to 2 years or up to S$ 5,000 or both
Malaysia Singapore
(BPC 304B) Existing India (IPC 304A) Pakistan (PPC 320) Malaysia Sec 41 (1) RTA Singapore Sec 66 (1) RTA Australia 328A Cr Code Queensland United Kingdom:
Causes death by rash and negligent driving (not amounting to culpable homicide) Up to 3 years or fine or both Up to 2 year or fine or both
Up to 10 years Up to 5 Years or up to Rm 10,000 or both
Up to 5 years (Sec 280 Criminal Procedure Code applies) Up to 3 years for misdemeanor (not causing death) Ist Time offender: 5 years causing death 2 nd time offender: 10 years 14 years if intoxicated 5 years under Road Traffic Act 1972, Section 1 14 years under Criminal Justice Act 2003, Section 285(3)
Court must satisfy and Police is to prove that the accused: Operated the motor vehicle which caused death Operated the motor vehicle at the place of occurrence A-4
Operated the vehicle dangerously As a result of dangerous operation the death of the deceased was caused. If the accused was adversely affected by alcohol Circumstances of aggravation
(Reference: Criminal Code of Queensland, Australia) Sec 143 A (1) Proposed: India: Pakistan: Singapore: Malaysia: Sec 143 A(2) Existing Proposed: India: Pakistan: Singapore: Malaysia: Sec 144 (1) Existing Proposed: First Offence: Subsequent: India: First Offence: Subsequent: Pakistan: First Offence: Subsequent: Singapore: First: Subsequent: Malaysia: First Offence: Subsequent: Sec 144 (3) Existing Proposed: India: Pakistan: Singapore: First: Subsequent: Up to 6 months or not less than S$ 1000 and not more than S$ 5000 Up to 12 months or not less than S$ 3000 and not more than S$ 10000. Up to 6 months or up to Rs 1000 or both Up to 2 years or up to Rs 1000 or both Up to 6 months or up to Rs 2000 or both Up to 2 year s or up to Rs 3000 or both Up to 6 months or Tk 3000 (fixed) or both Up to 1 year or Tk 5000 (fixed) or both Careless and inconsiderate driving (new insertion) Tk 1000 (fixed) Part of general offence Part of general offence First: 6 months, S$ 1000 or both Subsequent: 1 year, S$ 2000 or both 6 months or Rm 2000 Not give way to other vehicles intentionally Overtake when overtaking is prohibited or unsafe Nil Tk 1000 (fixed) Part of general offence Part of general offence Part of general offence Part of general offence Driving under intoxication First Offence: Up to 3 months or up to Tk 1000 or both Subsequent: Up to 2 years or up to Tk 1000 or both
Up to 6 months or up to Rm 2000 Up to 1 year or up to Rm 4000 or both Driving under intoxication, fail to provide specimen for test (new insertion) Nil Up to 3 months or Tk 3000 (fixed) or both Covered under provision of general offence Covered under provision of general offence Up to 6 months or not less than S$ 1000 and not more than S$ 5000 Up to 12 months or not less than S$ 3000 and not more than S$ 10000. A-5
Malaysia: Sec 145 Existing First Offence: Subsequent: Proposed: First Offence: Subsequent: India: First Offence: Subsequent: Pakistan: First Offence: Subsequent: Singapore: First: Subsequent: Malaysia: Sec 146 Existing First Offence: Subsequent: Proposed: First Offence: Subsequent: India: First Offence: Subsequent: Pakistan: Singapore: First: Subsequent: Malaysia: 146A Existing Proposed Up to 6 months or up to Rm 2000 or both Physically or mentally unfit to drive Up to Tk 500 Up to 3 months or up to Tk 500 or both Up to 3 months or Tk 3000 (fixed) or both Up to 6 months or Tk 5000 (fixed) or both Up to Rs 200 Up to Rs 500 Up to Rs 200 Up to Rs 500 Up to 6 months or not less than S$ 1000 and not more than S$ 5000 Up to 12 months or not less than S$ 3000 and not more than S$ 10000. Up to 3 months or up to Rm 1000 or both Offence relating to accidents, fail to stop or attend the an accident by the driver Up to 3 months or up to Tk 500 or both Up to 6 months or up to Tk 1000 or both Up to 3 months or Tk 3000 (fixed) or both Up to 6 months or Tk 5000 (fixed) or both Up to 3 months or up to Rs 500 or both Up to 6 months or up to Rs 1000 or both Up to 6 months or up to Rs 1000 or both Up to 12 months or up to S$ 3000 Up to 2 years or up to S$ 5000 victim after
Fleeing or attempting to elude a Police Officer (New insertion) Nil Fine Taka 2000 (fixed)
Sec 147 Existing Proposed Sec 148 Existing Proposed: India: Pakistan: Singapore: Malaysia:
Punishment for abetment of offences Same as the punishment provided for the offence Same as the punishment provided for the offence Racing or trial of speed without permission Up to 1 month or up to Tk 500 or both Up to 1 year or up to Tk 500o (fixed) or both Up to 1 month or up to Rs 500 or both Up to 6months or up to Tk 1000 or both Up to 6 months or up to Rm 2000 or both
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Sec 149 (1) Existing Proposed: India: Pakistan: Singapore: Malaysia: Sec 149(1) Existing Proposed: India: Pakistan: Singapore: Malaysia: Sec 149 (2) Existing Proposed: First Offence: Subsequent: India: First Offence: Subsequent: Pakistan: Singapore: Malaysia: Sec 149 (3) Proposed First Offence: Subsequent: India: First Offence: Subsequent: Pakistan: First Offence: Subsequent: Singapore: First: Subsequent: Malaysia: First Offence: Subsequent: Sec 150 Existing Proposed: India: First Offence: Subsequent: Driving an unsafe or a defective vehicle Up to 1 month or up to Tk 250 or both Up to 1 year or Tk 5000 (fixed) or both Up to Rs 250
Driving an unsafe or a defective vehicle, if causes accident Up to 3 months or up to Tk 1000 or both Up to 2 years or Tk 10,000 (fixed) or both Up to 3 months or up to Rs 1000 or both
Violates standards in relation road safety, control of noise and air pollution (new insertion) Nil Tk 2000 (fixed) Tk 5000 (fixed)
Up to Rs 1000 Up to Rs 2000
Carry Goods, without caution or protection, which are dangerous or hazardous to human life (new insertion) Up to 1 year or Tk 5000 (fixed) or both Up to 2 years or Tk 10, 000 fixed or both Up to 1 year or up to Rs 3000 or both Up to 3 year s or up to Rs 5000 or both Up to 6 months or up to Rs 1000 or both Up to 2 years or up to Rs 1000 or both
Driving Vehicles which fails to comply with emission standards. Up to Tk 200 Tk 2000 (fixed)
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Pakistan: First Offence: Subsequent: Singapore: First: Subsequent: Malaysia: First Offence: Subsequent: Sec 151 (1) Existing Proposed: India: Pakistan: Singapore: Malaysia: Driving Vehicle which fails to comply with construction and use regulation (new insertion) Nil Tk 2000 (fixed)
Sec 151 (2) Existing Proposed: India: Pakistan: Singapore: First: Subsequent: Malaysia: First Offence: Subsequent: Sec 152 Existing First Offence: Subsequent: Proposed: First Offence: Subsequent: India: First Offence: Subsequent: Pakistan: First Offence: Subsequent: Singapore: First: Subsequent: Malaysia: Fitness Registration:
Sale or Supply or alteration of a vehicle in violation to the construction and use regulation. Up to 2 years or up to Tk 5000 or both Up to 6 months or Tk 10,000 (fixed) or both Rs 500 (sec 191) and Rs 1000 and Rs 5000 for subsequent(sec 182A) Up to Rs 200 Up to 3 months or up to S$ 2000 Up to 6 months or up to S$ 5000
Using a vehicle without registration, without fitness and without permit Up to 3 months or up to Tk 2000 or both Up to 6 months or up to Tk 5000 or both Up to 3 months or Tk 3000 (fixed) or both Up to 1 year or Tk 5000 (fixed) or both Not less than Rs 200 and up to Rs 5000 Up to 1 year s or not less Rs 5000 up to Rs 10,000 Up to 6 months or up to Rs 500 or both Up to 2 years or up to Rs 1000 or both Up to 3 months or up to S$ 2000 Up to 6 months or up to S$ 10000. Up to 5 years or up to Rm 5000 Up to Rm 2000
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Sec 153 Existing First Offence: Subsequent: Proposed: First Offence: Subsequent: India: First Offence: Subsequent: Pakistan: First Offence: Subsequent: Singapore: First: Subsequent: Malaysia: First Offence: Subsequent: Sec 154 (1) Existing First Offence: Subsequent: Proposed: First Offence: Subsequent: India: Pakistan: First Offence: Subsequent: Singapore: First: Subsequent: Malaysia: First Offence: Subsequent: Sec 154 (2) Proposed: India: Pakistan: Singapore: Malaysia: Sec 155 Existing Proposed: India: Pakistan: Singapore: Failure to stop and submit vehicle for weighing (new insertion) Tk 3000 (fixed) Up to Rs 3000 Agent or canvasser with proper authority Up to Tk 1000 Up to 6 months or Up to Tk 2000 or both Tk 2000 (fixed) Up to 6 months or Tk 5000 (fixed) or both Up to Rs 1000 Up to 6 months or up to Rs 2000 or both Up to 6 months or up to Rs 1000 or both Up to 2 years or up to Rs 1000 or both Up to 6 months or not less than S$ 1000 and not more than S$ 5000 Up to 12 months or not less than S$ 3000 and not more than S$ 10000. Up to 6 months or up to Rm 2000 Up to 1 year or up to Rm 4000 or both Driving Vehicle exceeding permissible weight Up to Tk 1000 Up to 6 months or up to Tk 2000 or both Not less than Tk 2000 + Tk 1000 for every excess 500 kg Up to 6 months or not less than twice or more than threetimes the first offence fine or both Not less than Rs 2000 + Rs 1000 for every 1 ton of excess load + Off load charge
Driving uninsured Vehicle Up to Tk 2000 Tk 2000 (fixed) Up to Rs 1000
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Malaysia: Up to 3 months or up to Rm 1000 or both
Sec 156 (1) Existing Proposed: India: Pakistan: Singapore: Malaysia: Sec 156 (2) Proposed: India: Pakistan: Singapore: Malaysia: Sec 157 Existing Proposed:
Taking and Drives a vehicle without consent of the owner or lawful authority Up to 3 months or up to Tk 2000 or both Up to 6 months or Tk 5000 (fixed) or both Up to 3 months or up to Rs 500 or both Up to 3 months or up to Rs 500 or both Up to 3 months or up to S$ 1000 Up to 6 months or up to Rm 2000 or both Taking vehicle under force or threat (new) Up to 2 years or Tk 1000 or both Up to 3 months or up to Rs 500 or both
Obstruction in public road or public place Up to Tk 500 + confiscation of vehicle or material Not less than Tk 200o or Tk 200 / hr, whichever is more + confiscation of vehicle or material + towing / removal charge. Rs 50/ hr + towing charge / removal charge
India: Pakistan: Singapore: Malaysia: Sec 158 Existing Proposed: India: Pakistan: Singapore: Malaysia:
Up to Rm 1000 Unauthorized interference with vehicles Up to 3 months or up to Tk 1000 or both Up to 6 months or Tk 5000 (fixed) or both Up to Rs 100 Up to 1 months or up to Rs 200 or both
Sec 158A Proposed: First Offence: Subsequent: India: Pakistan: Singapore: Document: License : Malaysia: Sec 158B Proposed: First Offence: Subsequent:
Forgery of Document (new insertion) Up to 3 months or Tk 2000 (fixed) or both Up to 1 year or Tk 5000 (fixed) or both
Up to 12 months or up to S$ 5000 or both Up to 12 months or S$ 20000 or both
Issue of False Document (new insertion) Up to 3 months or Tk 2000 (fixed) or both Up to 1 year or Tk 5000 (fixed) or both
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India: First Offence: Subsequent: Pakistan: First Offence: Subsequent: Singapore: Malaysia: First Offence: Subsequent: Sec 158 C(1) Proposed: First Offence: Subsequent: India: First Offence: Subsequent: Pakistan: First Offence: Subsequent: Singapore: Malaysia: Sec 158 C(2) Proposed: First Offence: Subsequent: India: First Offence: Subsequent: Pakistan: First Offence: Subsequent: Singapore: Malaysia: Sec 158 C(3) Proposed: First Offence: Subsequent: India: First Offence: Subsequent: Pakistan: First Offence: Subsequent: Singapore: Malaysia: Up to 6 months or up to Rs 2000 or both Up to 2 year s or up to Rs 3000 or both Up to 6 months or up to Rs 1000 or both Up to 2 years or up to Rs 1000 or both Up to 12 months or up to S$ 5000 or both Up to 6 months or up to Rm 2000 Up to 1 year or up to Rm 4000 or both Make False statement or declaration (new insertion) Up to 3 months or Tk 2000 (fixed) or both Up to 1 year or Tk 5000 (fixed) or both Up to 6 months or up to Rs 2000 or both Up to 2 year s or up to Rs 3000 or both Up to 6 months or up to Rs 1000 or both Up to 2 years or up to Rs 1000 or both Up to 12 months or up to S$ 5000 / 10,000 or both Up to 1 year or up to Rm 5000 or both Supply false information or document (new insertion) Up to 3 months or Tk 2000 (fixed) or both Up to 1 year or Tk 5000 (fixed) or both
Up to 6 months or up to Rs 2000 or both Up to 2 year s or up to Rs 3000 or both Up to 6 months or up to Rs 1000 or both Up to 2 years or up to Rs 1000 or both Up to 6 months or up to S$ 1000 or both Up to 1 year or up to Rm 5000 or both Gives false warranty by manufacturer , dealer or importer (new insertion) Up to 6 months or Tk 5000 (fixed) or both Up to 1 year or Tk 10,000 (fixed) or both Up to 6 months or up to Rs 2000 or both Up to 2 year s or up to Rs 3000 or both Up to 6 months or up to Rs 1000 or both Up to 2 years or up to Rs 1000 or both Up to 6 months or up to S$ 1000 or both Up to 1 year or up to Rm 5000 or both
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Sec 158 D Proposed: First Offence: Subsequent: India: First Offence: Subsequent: Pakistan: First Offence: Subsequent: Singapore: Malaysia: Sec 163 Impersonation
Up to 6 months or Tk 3000 (fixed) or both Up to 1 year or Tk 5,000 (fixed) or both Up to 6 months or up to Rs 2000 or both Up to 2 year s or up to Rs 3000 or both Up to 6 months or up to Rs 1000 or both Up to 2 years or up to Rs 1000 or both Up to 6 months or up to S$ 1000 or both Up to 1 year or up to Rm 5000 or both Power to charge certain offenders on the spot (Traffic infringement)
The existing provisions provides a table of traffic related offence (Schedule XII) of the MVO imposing fixed penalty ranging Tk 5.0 to Tk 100.00 based on the severity of the offence. The proposed provision provides fixed penalty with lower and higher limit for each offence ranging from Tk 100 to Tk 500, copy attached in the draft bill. Section 173A Empowerment of BRTA to convert rules to regulation (New insertion)
Based on the above mentioned findings, a draft bill for amendment of the MVO 1983 to address Traffic, Safety and Penal Provisions has been prepared and attached herewith.
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA Table of Contents
Contents
CHAPTER I: PRELIMINARY................................................................................................................ 1 1 2 3 4 5 Short title, extent and commencement._ ............................................................................... 1 Definitions._................................................................................................................................... 1 Subdivision of vehicle class._ .................................................................................................. 29 Obedience to and scope of the Act.- ...................................................................................... 30 Effect of headings.- .................................................................................................................... 30
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -I
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 An Ordinance to consolidate and amend the law relating to motor 1 vehicles. WHEREAS it is expedient to consolidate and amend the law relating to motor vehicles in Bangladesh: NOW, THEREFORE, in pursuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in that behalf, the Chief Martial Law Administrator is pleased to make and promulgate the following Ordinance: Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011 (Act No. of 2011) Intent.An Act to make provisions and to consolidate, update and amend the law relating to road transports and traffic. WHEREAS, it is expedient to make provisions(a) to consolidate, update and amend the law relating to road transports and traffic, for the regulation of transport and traffic on roads, and other matters with respect to roads, vehicles and other traffic theron; and (b) for the co-ordination and control of means of facilities for transport and traffic; and (c) for the co-ordination and control of means of and facilities for construction, inspection and maintenance and adaptation of motorized and non-motorized vehicles; and (d) for the levy and imposition of taxes, raising funds for expenditure on roads and facilities for road transport and traffic; and (e) for connected matters and purposes, in Bangladesh; It is hereby enacted as follows:CHAPTER I PRELIMINARY 1. Short title and commencement.(1) This Ordinance may be called the Motor Vehicles Ordinance, 1983. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint 1 C HAP T E R I: P R E L IMINAR Y Short title, extent and commencement._ Modified Modified Remarks Proposed a new law to replace the MVO 1983 Modified to cover all road transports and traffic
(1) This Act may be cited as the Road Transport and Traffic Act, 2011 (Act No . . . . . of 2011). (2) It shall extend to whole of Bangladesh. (3) It shall come into force on the day of ., 2011 or on such date as the Government may, by notification in the Official Gazette, appoint. (4) The Government may appoint different dates for the coming into force of different Parts and provisions of this Act.
2. Definitions.In this Ordinance, unless there is anything repugnant in the subject or context,-
Definitions._ In this Act unless there is anything repugnant in the subject or context,
Definitions highlighted as bold relates to the terms contained in the present draft, others under consideratiion will be taken up in the final draft Inserted new
(1)
accident"
means
mishap
or
an
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occurrence of incidence caused by or arising out of the use of a motor vehicle or vehicles, on a road or in a public place, whereby death or grievous injury or injury is caused to any person in body or animal, or damage to any property, vehicle, or structure; (2) (3) (2) Act means the Road Transport and Traffic Act, 2011 (Act No.of 2011); (3) additional tax means, a sum which is equal to the difference between the tax initially paid in respect of a vehicle, and the tax which is payable in respect of such vehicle is higher, after it has been so altered; (4) "agricultural vehicle" means a motor vehicle or trailer which is designed constructed or adapted or intended primarily as a farm implement for off road operation and only incidentally operated or moved upon the highways and predominantly used for the purpose of husbandry, horticulture or forestry and shall include a power tiller; (5) "alley" includes a street or road or highway intending to provide access to the plots or buildings in the urban areas and not intended for the purpose of thorough vehicular traffic; (6) "ambulance" means a motor vehicle specially designed and constructed and not merely adapted for the conveying of sick and injured persons or for other medical purposes and fitted with the equipment needed for the purpose; (7) "animal" includes cattle; (8) appointed day means such day, as the Government may, by order published in the official Gazette appoint, for the coming into force of this Act or any part or any provisions therof, or any rules or regulations made there under; (9) "Armed Forces" means the Bangladesh Army, Navy and the Air force and shall include the civilian component of such forces; Inserted new Inserted new cosequent to the proposal for the repeal of the MV Tax Act 1932 Inserted new
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(10) (10)"arterial road" means the major highway, road or street or other radial or circumferential, highway, road or street designated by any highway authority or local authorities within their respective jurisdictions as part of a major arterial system of streets or road or highways; (11) (11) "articulated bus" means a bus consisting of two or more rigid sections with access between the sections so that passenger carried by it can at all time
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pass from one to another and so constructed that the sections cannot be divided from one another without the use of facilities normally available at a motor workshop; (12) (10) "articulated vehicle" means a motor vehicle with trailer so attached that part of the trailer is super imposed on the drawing vehicle (prime mover) and when the trailer is uniformly loaded a part of the weight of the trailer and its load is borne by the drawing vehicle; (1) assembler in respect of a motor vehicle, means an authorised establishment of the maker or manufacturer where different parts of a motor vehicle are assembled together and where a particular brand of motor chassis is produced under the authority of the maker or manufacturer, whether a body has been fastened to the chassis or not and whether the establishment performs any other functions in favour of the maker or manufacturer or not; (13) (11) "assembler" in respect of a motor vehicle, means an authorised establishment of the maker or manufacturer duly licensed or registered by the Authority or any other prescribed authority under section 180 where different parts of a motor vehicle are assembled together and thereby a particular brand of motor chassis is produced under the authority and technical collaboration of the maker or manufacturer, whether a body has been fastened to the chassis or not and whether the establishment performs any other functions in favour of the marker or manufacturer or not and shall include a vehicle body builder; (14) (11a)association" means an association of owners of bus, truck or any other public vehicle, registered under the Trade Organization Ordinance, 1961 (XLV of 1961) to operate respective services (15) (12) "authorized officer" means any officer or person specially authorised by the Government or by the Authority or by a competent authority for the purpose or the matter in question; (1a) Authority means the Bangladesh Road Transport Authority established under section 2A;] (16) (13) "Authority" means the Bangladesh Road Transport Authority established under section 7; (17) (14) "auto-rickshaw" means a private passenger vehicle with three wheels constructed or adapted or used for the carriage of not more than three persons excluding the driver; (18) (15) "auto-tempo" means a passenger vehicle with three wheels the registered laden weight of which does not exceed 1500 kilograms, constructed, adapted or used for the carriage of not more than eight passengers excluding the driver; (19) (16) "axle" means a bar or spindle which supports a motor vehicle or trailer and on or with which wheels of the motor vehicle or trailer which are in contact with the Inserted new Inserted new
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ground turn; (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 whereon the vehicle rests; (20) (17) "axle weight" means in relation to an axle of a vehicle, the total weight transmitted by all the wheels attached to that axle to the surface whereon the vehicle rests; (21) (18) "baby taxi" means a taxi cab with three wheels and seats for not more than three passengers excluding the driver; (22) (19) battery means a piece of apparatus or equipment consisting of a group of electric cells connected together for producing electricity for use in a motor vehicle or for the operation of a motor vehicle; (23) (20) "bicycle" means a vehicle having two tandem wheels propelled by human power acting on the pedals upon which any person may ride; (24) (21) BPC means the Bangladesh Penal Code, 1860 (Act No XLV of 1860) (25) (22) "bridge" includes flyovers, culverts, tunnels and causeways; (2a) bus includes a mini-bus, microbus and an large bus;] (26) (23) "bus" means a passenger vehicle with a manufacturer's rated seating capacity of eight or more passengers excluding the driver and includes a microbus, minibus, a large bus, an articulated bus and a trolley bus; (27) (24) "caravan" means a trailer or a semitrailer or any structure affixed to the vehicle which is designed, constructed or adapted and equipped for use off roads and primarily used as living accommodation or dwelling place or sleeping place by one or more persons or for office accommodation either permanently or temporarily and which carries no merchandise goods or burden except those needed by the persons living therein for the purpose of their residence in the vehicle; (28) (25) "carriageway" means a portion of a highway improved, designed or ordinarily used for vehicular traffic and includes any shoulders and areas both at the sides or centre of the carriageway used for the standing or parking of vehicles and, if a highway has two or more portions divided by a reservation, means each portion separately; (29) (26) cart includes a wagon, handcart or a trolley used or constructed or adapted for the carriage of goods; (30) (27)"cattle" includes oxen, bulls, cows, horses, camels, mules, donkeys, sheep, Modified
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goats, swine and any domestic or pet animal ; (31) (28) "centre" in respect of a carriageway, means: (a) a line or a series of lines, marks or other indications placed at or near the middle of the carriageway; or (b in the absence of lines, marks or other indications, the middle of the main travelled portion of the carriageway; Inserted new Inserted new
(b)
(32) (29)"certificate of fitness" in relation to a motor vehicle means the vehicle to which it relates, for the time being complies with the requirements of the Act and the rules and regulations made thereunder and any other requirements which may be specified by the Authority from time to time; (3) certificate of registration means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV; (33) (30)"certificate of registration" means the certificate issued by a registering authority under section 102 of the Act, to the effect that a motor vehicle has been duly registered in accordance with the provisions of the Act; (34) "city traffic engineer means, unless the context otherwise refers, the Chief Engineer of the respective city corporation or the paurashova or the department having jurisdiction over the roads or the highways or the area or any other engineer designated as such or appointed for the purposes; (35) (31)"cognizable offence" means any offence for which a police officer or any other officer is authorized to arrest any person without warrant or an offence which is punishable with imprisonment for one year or more under the Act ; (36) (32)"combination of vehicle" means coupled vehicles or trailers which travel on the road as a unit; (37) (33)"commercial motor vehicle" includes a public vehicle, a private carrier vehicle or a motor vehicle used or operated under a permit or franchise or operators license or a motor vehicle used in the course of any trade or business; (38) (34)company" includes any company formed and registered under the Companies Act 1994 (Act No 18 of 1994), or any company formed under any other law in force, or any corporation incorporated by law, or and any firm or partnership recognized as such by the Authority or by the Govrrnment; (39) (35)"component part" means each part
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contained in or upon a motor vehicle, including the engine or motor; the transmission or the axle; the chassis frame or load bearing major structural equivalent thereof, any door, hood, deck lid, hatch or tailgate; any bumpers any fender or panel; a cargo compartment or passenger compartment floor; and any motor cycle frame, front fork or crankcase and shall include such parts of a nonmotorized vehicle unless inapplicable; (4) conductor in relation to a stage carriage or a contract carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage or contract carriage and performing such other functions as may be prescribed; conductor's licence means the document issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor; (40) (36)"conductor" in relation to a stage carriage or a contract carriage, or any other public service vehicles means a person engaged in doing all or any of the activities such as collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage or contract carriage and performing such other functions as may be prescribed or specified by the Authority whether as a paid employee or not; (41) (37)conductor's license" means a vocational license issued by a licensing authority under the Act authorizing the person specified therein to act as a conductor; (42) (38)"container" means an article of equipment, not being a motor vehicle or trailer, having a volume of at least 8 cubic metres, constructed wholly or mostly of metal and intended for repeated use for the carriage of goods or burden; (6) contract carriage means a motor vehicle which carries a passenger or passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum: (i)on a time basis whether or not with reference to any route or distances, or (ii) from one point to another, and in either case without stopping to pick up; or set down along the line of route passengers not included in the contract; and includes a motor cab notwithstanding that the passengers (43) (39)"contract carriage" means a motor vehicle (includes a motor cycle) which carries a passenger or passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum: (i) (ii) (iii) on a time basis whether or not with reference to any route or distances, or from one point to another, and in either case without stopping to pick up or set down along the line of route passengers not included in the contract; and includes a maxicab and a taxi cab notwithstanding that the passengers may pay separate fares; Modified
(5)
Modified
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Modified
(iii)
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may fares; pay separate (44) (39a) co-operative society means any co-operative society of owners of bus, truck or any other public vehicle, registered or deemed to have been registered under the Co-operative Societies Act, 2001 (Act 47 of 2001), or under an Act of Parliament governing registration of Cooperative Societies to operate a public transport service; (45) crane means, a mobile crane, that is, a machine mounted on a vehicle which is designed and equipped with a winder, wire ropes, or chains and sheaves and generally used for moving or hoisting heavy objects or a load, typically by suspending them by means of hooks or blocks through ropes from a pivoted projecting arm or beam or jib, operated by means of manual, mechanical or electrical or magnetic power, and shall include a wrecker used for such purposes; (7) curb includes the boundaries of the roadway whether marked by curb stone or not so marked; dealer, in respect of a motor vehicle, means authorised agent or establishment of the maker or manufacturer or assembler that deals in motor vehicles or in their spare parts and also performs any other functions in favour of the maker or manufacturer or the assembler; (46) (40) "curb or kerb" includes the boundaries of the roadway whether marked by curb or kerb stone or not so marked; (47) (41) "dealer" in respect of a motor vehicle, means the maker or the assembler or any authorised agent or establishment of the maker or manufacturer or assembler, or the importer of motor vehicles or parts thereof, registered or licensed by the Authority or other prescribed authority under section 180 or 181, in the business of buying, selling or exchanging motor vehicles or in their parts whether new or used registered or licensed as such by the Authority and also performs any other functions in favour of the maker or manufacturer or the assembler or any other person or organisation in the business of buying, selling or exchanging motor vehicles or their parts whether new or used registered or licensed as such by the Authority; (48) (42) "delivery van" means a delivery vehicle with closed body (not merely covered); (49) (43) "delivery vehicle" means any goods vehicle the registered laden weight of which does not exceed 2500 kilograms; (50) (43a) demerit points means the points assigned against an offence specified in the schedule to the Act for awarding to the person convicted for the said offence; (51) (44) "drive" means to drive, operate, or be in actual physical control of a vehicle Modified Inserted new
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(8)
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and in relation to a cattle means the person in charge or control of the cattle; (9) driver includes, where a separate person acts as steersman of a motor vehicle, that person as well as any other person engaged in the driving of the vehicle; (52) (45) "driver" in relation to a vehicle means every person who drives or is in actual physical control of a vehicle and includes the rider of a bicycle and any person propelling or pulling a rickshaw or a cart and in relation to a cattle means the person in charge or control of the cattle who drive or lead the cattle; (53) (46) "driver training school or school of motoring" means any business or nonprofit enterprise for the education and training of persons, either practically or theoretically, or both, in the driving of motor vehicles, for which a consideration or tuition is charged; (54) (47) driving examiner" means any officer of the Authority or any other person appointed or authorised by the authority to test the driving competence and relevant knowledge of a person for the purpose of issue to him a driving license or for carrying out any other purposes under the provisions of this Act or any rules or regulations made thereunder; (55) (48) "driving instructor" means any person, whether acting for himself or herself as operator of a driver training school or acting for any such school for compensation, or who teaches, conducts classes or, gives demonstrations to, or supervises practice of, persons in the driving of motor vehicles for a fee or reward whether on a road or premises; (56) (49) "driving instructor certificate" means a document issued by a licensing authority, authorising the person specified therein to work as a driving instructor for a motor vehicle of any specified class or description, for the term and subject to any conditions as may be prescribed or specified by the Authority; (10) driving license means the document issued by a competent authority, authorising the person specified therein to drive a motor vehicle or a motor vehicle of any specified class or description; (57) (50) "driving license" means the document issued by a licensing authority, authorising the person specified therein to drive, a motor vehicle or a motor vehicle of any specified class or description, either as a professional or a non-professional driver or to drive any non-motorized vehicle; (58) (51) "dual purpose vehicle" means a motor vehicle, the registered laden weight of which does not exceed 5000 kilograms, constructed or adapted for the carriage both of passengers and goods; (59) (52) educational institution bus means a bus, which is owned either on Modified
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purchase or on donation or on hire or under an agreement for hire, by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities; (60) (53) "emergency vehicle" means (a) a vehicle or apparatus being used by a fire brigade on urgent fire brigade duty; or (b) a fire-fighting vehicle or apparatus of any other organisation being used for urgent fire-fighting duty; or (c) an ambulance (i) (ii) conveying sick or injured persons to a place of medical treatment; or conveying emergency supplies, equipment or personnel to a site where those supplies, equipment or personnel are or may be urgently required for the treatment of sick or injured persons; or a vehicle being used to obtain or convey blood or other supplies, drugs or equipment for a person, injured or sick, urgently requiring treatment; or a vehicle being used to convey an officer of the Police Department or the Authority or any other authority engaged in connection with the enforcement of this Act or any rules and regulations made there under or under any other law for the time being in force or engaged in the discharge of any emergency duties or emergency service and recognised as such; or any particular vehicle designated as such by any appropriate authority of the government; a vehicle being used to convey a member of the Armed Forces engaged in connection with emergency service; Inserted new
(d)
(e)
(f)
(g)
Provided that all such vehicles use a siren, bell, or repeater horn as a warning device (61) employ means engage, appoint or hire some one for a work or a job,either temporarily or on regular basis, whether as a paid employee or not; (62) (54) "employer" means any person or firm or company including the government and its agencies who owns, operates or leases a motor vehicle or employ a person to drive such a vehicle or work in such a vehicle as a paid employee; (63) (55) "essential parts" includes all integral and body parts of a vehicle of a type required to be registered there under, the Inserted new
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removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation; (11) express carriage means a motor vehicle used for carrying or adapted for carrying passengers for hire or reward at separate fares where none of the fare shall be for less than twenty miles and where the vehicle shall not stop to pick up passengers at any stoppage less than twenty miles from the previous stoppage unless otherwise specified by the Transport Authority; (12) fares includes sums payable for a season ticket or in respect of the hire of a contract carriage; (64) (56) "express carriage" means a motor vehicle used for carrying or adapted for carrying passengers for hire or reward at separate fares, where none of the fare shall be for less than fifty kilometres and where the vehicle shall not stop to pick up passengers (but may drop if desires by the passenger) at any stoppage less than fifty kilometres from the previous stoppage unless otherwise specified by the authority granting the permit or franchise specially for an urban or built up area; (65) (57) "fares" include sums payable for a ticket to travel by a stage carriage or by a service bus or in respect of the hire of a contract carriage which includes a taxi cab and a rental vehicle; (66) (58) "fire brigade" means an organisation or an association of persons formed with the approval of the Government for the purpose of extinguishing fires; (67) (59) "fleet operator" means an operator, who has under his control at least fifty or more vehicles of the type and specifications, required for a road transport service on a particular route or area; (68) (60) "footpath" or sidewalk" means a lane or other portion of a road provided between the kerb lines or the lateral line of a roadway, and the adjacent property lines intended solely for the use of pedestrians or habitually used by pedestrians and not by vehicles; (69) (61) fore car means a small car or carrier attached on to the front side of a motor cycle, usually for one passenger, the other side being supported by a single wheel; (70) (62) "foreign driving license" means a driving permit issued under any conventions to which Bangladesh is a party or a driving license issued by an appropriate authority in another country between which and Bangladesh there is in force a treaty for the recognition of driving licenses or permits issued in the countries which are parties to the treaty; (71) (63) "give way" means to allow a vehicle or a person to continue on course without risk of collision or creating a dangerous situation as the case may be; Modified
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(13) goods includes live stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle; (14) goods vehicle means any motor vehicle constructed or adapted for use for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods solely or in addition to passengers; (72) (64) "goods" includes any property, livestock, and any other thing (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle;
(73) (65) "goods vehicle" means any motor vehicle or trailer designed, constructed or adapted maintained or used primarily for the carriage or haulage of goods, or any motor vehicle or trailer not so constructed or adapted when used for the carriage or haulage of goods solely or in addition to passengers; (74) (66) "Government" for the purpose of this Act means the Government in the Ministry of Communications and shall include any other ministry if the subject matter falls under the jurisdiction of the other ministry, as appropriate; (75) (67)"Government transport undertaking" means any undertaking providing road transport service, where such undertaking is carried on by or on behalf of,(i) (ii) the Government or; any Road Transport Corporation established under any law for the time being in force; any municipality or any city corporation or any company owned or controlled by the Government; or any other similar local authority. Inserted new
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(iv)
Explanation. For the purposes of this subsection, "road transport service" means a service provided by motor vehicles in carrying passengers or goods or both by road for hire or reward. (76) (68) grievous hurt or serious injury means any of the grievous hurt or injury described in section 320 of the Bangladesh Penal Code, 1860 (Act No XLV of 1860) caused to a person in body by driving a motor vehicle or any other vehicle; (77) (69) "gross vehicle weight" means the total weight of a vehicle without load plus the weight of any load thereon or the load for which it is intended; (78) (70) "heavy articulated vehicle" means an articulated truck or prime mover with heavy trailer combination, the train weight Inserted new
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of which is more than twenty two tones; (15) heavy motor vehicle means a 4 transport vehicle [ * * *] registered laden weight of which, or a motor car, tractor, road roller or a locomotive the unladen weight of which, exceeds 14,500 pounds avoirdupois; (15a) helper-cum-cleaner, in relation to a transport vehicle, means a person engaged to assist the driver or the conductor in performing his functions and also to clean a motor vehicle;] (79) (71) "heavy motor vehicle" means a motor vehicle or a motor vehicle and trailer combination the registered laden weight or the train weight of which or a locomotive or a road roller the unladen weight of which exceeds 12000 kilograms; Modified
(80) (72) "helper-cum-cleaner", in relation to a transport vehicle or any other motor vehicle, means a person engaged as a paid employee to clean a motor vehicle and perform other associated functions whether or not assist the driver or the conductor in performing his functions; (81) (73) "highway" means(a) a street, road, lane, bridge, thoroughfare or other place open to or used by the public for the purposes of vehicular travel and includes every carriageway, footpath, traffic island, nurture stripe and any area provided to separate vehicular traffic on any such street, road, lane, bridge, thoroughfare or other place; and any place that is a highway by virtue of a declaration made by the highway authority or any other competent authority;
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(b)
(82) (74) "highway authority" means the body established as such by the Government or any other authority legally responsible for the construction, care and management of the highway; (83) (76) "identification number" includes any numbers, letters, symbols or combination thereof assigned by the manufacturer and placed on a vehicle or vehicle part for the purpose of identifying the vehicle or the component part and any such number placed on a vehicle or a component part at the direction of the Authority in accordance with the provisions of this Act or any rules or regulations made there under; (84) (75) "immobilization device" means any device or appliance designed or adapted to be fixed to a vehicle for the purpose of preventing it from being driven or otherwise put in motion, being a device or appliance of a type approved by the Authority for use for that purpose in accordance with this section; (85) (76A) importer means a person or a firm, engaged in the business of importing a motor vehicle or trailer, whether new or used, or any equipment, or parts of a motor vehicle, for sale or deliver an imported motor vehicle or trailer or any
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equipment, or parts thereof for sale but excludes the person who imports any vehicle for own use; (86) (77) "indivisible load" means a load which cannot without undue expense or risk of damage be divided into two or more loads for the purpose of conveyance on a road; (87) (101) injury means any harm or injury which is not grievous or serious, caused to a person in body by driving a motor vehicle; (88) (78) "Inspector of Motor Vehicles" means an officer of the Authority or any other person appointed as such by the Authority or at least equally qualified any other officer of the Authority or other person authorized to exercise the power and discharge the functions of an Inspector of Motor Vehicles under the Act and the rules and regulations made there under; (16) inter section includes the area bounded by side line, real or projected, of two or more public roads which meet or cross each other; (89) (79) "inter-section" includes the area bounded by side line, real or projected, of two or more public roads which meet or cross each other at any angle within which vehicles travelling upon different highways may come in conflict but does not include the junction of an alley with a street or highway; (90) (80) "invalid carriage" means any self propelled vehicle or a motor vehicle specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person; Inserted new
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(17) invalid carriage means a motor vehicle the unladen weight of which does not exceed five hundred weights, specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person;
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(91) (81) "junk vehicle" means any vehicle which is incapable of operation or use on the highways and which has no resale value except as a source of parts or scrap; (92) (82) "label or sticker" means a label or sticker displayed on the windshield glass or in any other conspicuous place of a vehicle indicating validation of certificates, token, permit for the purpose of the Act; (93) (83) "lane" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic; (30) omni bus means any motor vehicle constructed, adapted or 11 used to carry more than [ thirty] persons excluding the driver; (94) "large bus" means a passenger vehicle constructed, adapted or used to carry more than thirty persons excluding the driver (95) (84) learner driver means a person
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who receives instructions in driving or practices driving a motor vehicle under the supervision and control of a driving instructor or a person holding a valid driving license whether on payment or not; (96) (85) "learner driving license" means a document issued by a licensing authority to a person receiving instruction in driving a motor vehicle for the term and subject to any conditions as may be prescribed or specified by the licensing authority; (18) Licensing authority means an officer or authority prescribed by regulations to grant licences under this Ordinance;] (97) (86) "licensing authority" means the Authority or the RTO or any other prescribed officer or authority, appointed by the Authority, by notification in the official Gazette, to exercise and discharge through out the region or such areas as may be specified in the notification, powers and functions conferred or imposed on a licensing authority by or in pursuance of this Act or any rules or regulations made there-under; (98) (87) "light articulated vehicle" means an articulated truck or prime mover with three axles or any other articulated truck or prime mover with heavy trailer combination, the train weight of which is not more then twenty two tonnes; (19) light motor vehicle means a 7 transport vehicle [ * * *] the registered laden weight of which, or a motor car or tractor the unladen weight of which, does not exceed 6,000 pounds avoirdupois; (99) (88) "light motor vehicle" means a motor vehicle or a motor vehicle and trailer combination, the registered laden weight of which or a tractor or a road roller, the unladen weight of which does not exceed 7500 kilograms; (100) (89) "loading zone" means a space reserved for the exclusive of vehicle during the loading or unloading of goods or passengers; (101) (90) local authority" means the local district authority, the local police authority, the local traffic police authority, the local city corporation or paurashava authority or the local highway authority or any other authority empowered in this behalf by the Government or by the Authority; (20) locomotive means a motor vehicle which is itself not constructed to carry any load (other than equipment used for the purpose of propulsion), the unladen weight of which exceeds 16,000 pounds avoirdupois; but does not include a road roller; (21) maker or manufacturer, in respect of a motor vehicle, means an establishment where (102) (91) "locomotive" means a motor vehicle which is itself not constructed to carry any load (other than equipment used for the purpose of propulsion), the unladen weight of which exceeds 7500 kilograms; but does not include a road-roller; Inserted new
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(103) (92) "maker or manufacturer", in respect of a motor vehicle, means an establishment registered as such by the
Modified
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one or more major parts, or all parts are manufactured and where a complete chassis of a motor vehicle is produced in the name of a particular brand whether a body has been fastened to it or not and where the establishment reserves all rights of products; Authority or other prescribed authority under section 180, where one or more major parts, or all parts of a motor vehicle are manufactured and where a complete chassis of a motor vehicle is produced in the name of a particular brand whether a body has been fastened to it or not and where the establishment reserves all rights of products and includes a person who is engaged in the manufacture of motor vehicles; (104) (93) "maker's certificate" means a certificate issued by the manufacturer or under the authority of the manufacturer by the assembler or by a registered dealer in such vehicles, or by any other prescribed authority, to the effect that the vehicle to which the certificate relates complies with the requirements of the Act and the rules and regulations made thereunder and the relevant requirements of type approval, and registration and that the identification numbers and the markings of the vehicle are true; (105) (94) "maxicab" means any motor vehicle constructed or adapted to carry more than six passengers, but not more than fifteen passengers, excluding the driver, for hire or reward and shall include a human hauler; (22) medium motor vehicle means any motor vehicle other than a motor cycle, invalid carriage, light motor vehicle, heavy motor vehicle or a road roller; (106) (95) "medium motor vehicle" means a motor vehicle which is not a light motor vehicle or a heavy motor vehicle; Inserted new
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(107) (96) members of the forces means a member of the Armed Forces, Bangladesh Police Force, Border Guards of Bangladesh and such other forces and the visiting forces lawfully present in Bangladesh and shall include the member of a civilian component of such forces; (108) (97) metropolitan area" means any area so declared by the Government; (22a) micro-bus means any motor vehicle constructed or adapted or used to carry not less than eight and not more than fifteen persons excluding the driver; (109) (98) "micro-bus" means a passenger vehicle constructed or adapted or used to carry not less than eight and not more than fifteen persons excluding the driver;
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(23) mini bus means any motor vehicle constructed or adapted or used to carry not more than 9 [ thirty] persons excluding the driver;
(110) (99) "mini-bus" means a passenger vehicle constructed or adapted or used to carry not more than thirty persons excluding the driver; (111) (100) Minister means, unless the context otherwise requires, the Minister responsible for road transport and traffic Inserted new
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matters/system and shall include any other Minister if the subject matter falls under the jurisdiction of the other ministry, as appropriate; (24) motor cab means any motor vehicle constructed, adapted or used to carry not more than six passengers excluding the driver, for hire or reward; (25) motor car means any motor vehicle other than a transport vehicle, locomotive, road roller, 10 tractor, motor cycle [ * * *] or invalid carriage; (112) (102) "motor car" means a passenger vehicle not being an invalid carriage, motor cycle, an auto-rickshaw, a baby taxi, an auto-tempo, a maxicab or a taxi cab used to carry not more than seven persons exclusive of the driver, the unladen weight of which does not exceed 3500 kilograms; (113) (103) "motor cycle" means a two wheeled motor vehicle having a seat or saddle for the use of the rider and copassenger, designed to travel on not more than three wheels including any detachable side or fore car, having an extra wheel, the unladen weight of which inclusive of the unladen weight of any detachable side car or fore car, attached to the motor vehicle does not exceed 500 kilograms; (114) (104) "motor vehicle" means a vehicle, carriage or other means of conveyance, which is propelled by means of mechanism, contained within itself, whether the source of power is mechanical, electrical or other and which is designed, constructed or adapted or intended for use or capable for use on a road or in a public place and includes a chassis to which a body has not been attached and a trailer, but does not include a vehicle running upon fixed rails or a vehicle for exclusive use in a factory or in any other enclosed premises, or a vehicle having less than four wheels, fitted with a battery operated engine, or an engine, capacity of which does not exceed cubic centimetres or twenty-five equivalent, or a vehicle run by human or animal power; (115) (104a) Motor Vehicle Authorization Certificate means an Authorization Certificate granted under Chapter V of the Act, to the person or body of persons or an organization including Government offices, specified therein to own or possess, keep, register, maintain and use the motor vehicle(s) of the class, type or description given there at for the period specified therein; (116) (105) "motor workshop" means any See taxicab
Modified
(26) motor cycle means a two wheeled motor vehicle, the unladen weight of which inclusive of the unladen weight of any detachable side car, having an extra wheel, attached to motor vehicle does not exceed 1,200 pounds avoirdupois;
Modified
(27)
motor vehicle means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or used solely upon the premises of the owner;
Modified
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place or shop or building or premises or establishment within which different parts of motor vehicles are repaired or manufactured or where body of a motor vehicle is built or repaired or where any work relating to the painting or denting or replacing or fixing of such parts are done; (117) (106) "non-motorized vehicle" means any vehicle other than a motor vehicle or a vehicle running upon fixed rails, designed, constructed, intended or adapted for use on a road or a highway or in a public place whether run by human or animal power and includes a bicycle, a rickshaw, cart, bullock cart, push cart and hackney carriage and such other vehicle; and also includes a vehicle having less than four wheels, fitted with a battery operated engine, or an engine, capacity of which does not exceed twenty-five cubic centimetres or equivalent; (118) (106a) "non-motorized traffic" includes non-motorized vehicles of every description, pedestrians, processions, ridden or herded animals, and all such other forms of road traffic using any road or highway for the purpose of travel; (29) non professional driving licence means a driving licence by a competent issued authority, authorising the person specified therein to drive a light motor vehicle otherwise than as a paid employee or to drive a vehicle other than a transport vehicle; (119) (108) "non-professional driving license" means a driving license issued by a licensing authority, authorising the person specified therein to drive a light motor vehicle of a type or class otherwise than as a paid employee; Inserted new
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Modified
(120) (109) officer means an officer of the Authority or the Road Transport Department or any other public body; (121) (110) "official traffic control device" means all signs signals, markings and devices not inconsistent with this Act or any national traffic sign manual adopted under section 186 of this Act, placed or erected under the authority of this Act for the purpose of regulating, warning or guiding traffic; (122) (113) "operator" in respect of a commercial motor vehicle means the owner or an association or a company or a statutrory corporation, or a co-operative society or a fleet operator, or a Government transport undertaking, or any road transport undertaking recognised in this behalf by the Authority or by the Government; (31) one way traffic means a vehicular traffic restricted in one direction; (123) (112) "one way road" means a road or a carriageway or a highway on which all vehicles must travel in the same direction
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(32) owner includes, where the person in possession of a motor vehicle is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hirepurchase agreement, the person in possession of the vehicle under that agreement, and the person holding power of attorney; (124) (114) "owner" in relation to a motor vehicle means a person having title to the vehicle and in whose name the motor vehicle stands registered and includes, where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of an agreement for hire or hire purchase, or an agreement of lease, or an agreement of hypothecation, or conditional sale or loan, means the person in possession of the vehicle under that agreement, and the person holding power of attorney during the life time of the person having title to the vehicle; (125) (115) "park" or "parking" means the bringing of a motor vehicle to a stationary position and causing it to wait or stand for any purpose other than that for actual or immediate loading or unloading of any goods or luggage or persons; (33) parking zone means the places determined by the competent authority where motor vehicles may stand either indefinitely or for a specified period of time; (126) (116) "parking place or parking zone" means the places determined by the competent authority where motorized or non-motorized vehicles or any specified class of vehicles may stand either indefinitely or for a specified period of time whether on payment or not; (127) (117) passenger in relation to a public service vehicle or a goods vehicle or a private vehicle or any vehicle for hire or reward and if the context so requires inrespect of a non-motorized vehicle means the driver or conductor or any ticket inspector or any attendant or person required by law to be carried on such vehicle; (128) (118) "passenger vehicle" means a motor vehicle constructed, adapted or used solely for the carriage of passengers and their effects and includes an autorickshaw, auto- tempo, a baby taxi, bus, motor cycle, motor car, maxicab, taxi cab and such other vehicle; (34) pedestrian means all persons making use of public road or highways for foot passage; (35) pedestrian crossing includes that portion of a public road clearly indicated for pedestrian crossing by appropriate marking and signs and the extension of the side walk space across the intersecting streets; (36) permit means a document issued by a Transport (129) (119) "pedestrian" means all persons making use of a footpath, or a public road or highways for foot passage; (130) (120) "pedestrian crossing or cross walk" includes that portion of a public road or carriageway at an intersection or elsewhere clearly indicated for pedestrian crossing by appropriate lines or other markings and signs and the extension of the side walk space across the intersecting streets; (131) (121) "permit" means a document issued by the Authority or by a Regional Modified
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Committee authorising the use of a transport vehicle as an express carriage, or a contract carriage, or a stage carriage, or authorising the owner as a private carrier or public carrier to use such vehicle; Transport Authority or by any prescribed authority in accordance with the provisions of this Act or of the rules or regulations made thereunder authorising the use of a motor vehicle as a transport vehicle; as an express carriage, or a contract carriage or a stage carriage, or as private service vehicle or as dual purpose vehicle or as special purpose vehicle or as tourist vehicle or as excursion vehicle or authorising the owner as a private carrier or public carrier to use such vehicle and shall include a temporary permit; (132) person includes the Government, public or private body or any company, co-operative society or association body of persons whether incorporated not; a or or or Inserted new
(133) (122) "police officer" includes all persons employed for police duties in Bangladesh; (134) (123) "power tiller" means an agricultural vehicle, intended or adapted for use predominantly but not solely for tilling and associated off road carrying purposes in the prescribed manner and may comprise of a two wheel tiller or a tractor with trailer having registered laden weight not more than 750 kilograms; (37) prescribed means prescribed 12 by [ regulations] made under this Ordinance; (135) (124) "prescribed" means prescribed by rules or regulations made under this Act; (136) (125) "prime mover" or "truck tractor" means a motor vehicle which is constructed, designed or adapted for enacting of a trailer or a semi-trailer but not so constructed to carry any load in itself other than the equipment used for the purpose of propulsion and used primarily for drawing other vehicles; (38) 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 51; (137) (126) "private carrier" means an owner of a transport vehicle other than a public carrier who uses that vehicle solely for the carriage or haulage of goods which are his property or the carriage or haulage of which is necessary for the purpose of his business not being a business of providing transport, or who uses the vehicle for any of the purposes as may be prescribed or specified by the Authority;
Modified
Under consideration
(138) (127) "private road" or "private driveway" means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons; (39) private service vehicle means (139) (128) "private service vehicle" means
as underlined
Modified
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any motor vehicle constructed or adapted to carry more than eight persons excluding the driver and ordinarily used by, or on behalf of, the owner of such vehicle for the purpose of carrying persons in connection with his trade or business or otherwise than for hire or reward but does not include a motor vehicle used solely for the purposes of Government unconnected with any commercial enterprises; any motor vehicle constructed or adapted to carry more than fifteen persons excluding the driver and ordinarily used by, or on behalf of, the owner of such vehicle for the purpose of carrying persons in connection with his trade or business or for carrying employees in pursuance of the terms of contract or agreement with any organisation or otherwise than for hire or reward but does not include a motor vehicle used solely for the purposes of the Government unconnected with any commercial enterprises; (140) (129) "private vehicle" means any motor vehicle other than a public vehicle; (141) "probationer driver" means the holder of a driving license who is authorized to continue driving under the close supervision of a bonafied driver for a specified period in order to improve his driving skill; (40) professional driver means a driver who drives a transport vehicle or a heavy motor vehicle or a medium motor vehicle or drives any vehicles as a paid employee; (41) professional driving licence means a driving licence issued by a competent authority, authorising the person specified therein to drive a transport vehicle or a heavy motor vehicle or a medium motor vehicle or any vehicle as a paid employee; (142) (130) "professional driver" means a person who holds a professional driving license; Modified Inserted new
(143) (131) "professional driving license" means a driving license issued by a licensing authority, authorising the person specified therein to drive a commercial vehicle or a medium or a heavy motor vehicle of a type or class or any vehicle as a paid employee; (144) (132) property includes any vehicle, road, bridge, culvert, causeway, structure, any goods or luggage carried in the vehicle or domestic animals; (145) (133) "public body" means a body so established or declared by the Government;
Modified
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(42) 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
(146) (134) "public carrier" means an owner of a transport vehicle who transport 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 purpose of having their goods transported;
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company for the purpose of having their goods transported; (43) public place means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage; (44) public service vehicle means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a motor cab, contract carriage, express carriage, stage carriage and motor cab rickshaw; (147) (135) "public place" means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage or a contract carriage; (148) (136) "public service vehicle" means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a taxi cab, contract carriage, express carriage, stage carriage, baby taxi and auto-tempo on hire; (149) (137) "public vehicle" means vehicle or trailer used for hire and includes a public service rental vehicle and a vehicle carrier and such other vehicles; any motor or reward vehicle, a of public Modified
Inserted new
(150) (138) "racing" is defined as the use of one or more vehicles in an attempt to out gain, outdistance, or prevent another vehicles from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes; (151) (138a)"Region or region" means such District(s) or Metropolitan area(s) or a part thereof, as may be specified by the Authority in the respective notification; (152) Regional Transport Authority in brief RTA means a body or an officer of the Road Transport Department or any other officer or authority appointed as RTA by notification under sub-section (1) of section 125 of the Act; (153) (138b)"Regional Transport Officer" in brief RTO means any officer of the Road Transport Department declared as such an officer by notification in the official Gazette and who may be delegated functions of RTA under sub-section (3) of section 125 of the Act; (154) (139) registration mark means a registration mark consisting of such alphabets and numerical as may be prescribed and assigned by the registering authority on grant of registration under sub-section (1) of section 107; (45) registered axle weight in respect of the axle of any vehicle, means the axle weight certified and registered by the (155) (140) "registered axle weight" in respect of the axle of any vehicle or combination thereof, means the axle weight certified and registered by the registering authority
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registering authority permissible for the axle; as as permissible for the axle; (156) (141) "registered dealer" means any manufacturer or assembler or dealer or importer of motor vehicles licensed by or registered with the Authority; (46) registered laden weight means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; (157) (142) "registered laden weight" means in respect of any motor vehicle or trailer or a motor vehicle and trailer combination the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; (158) (143) "registered medical practitioner" means a medical practitioner registered under the (159) (144) "registered owner" means the person registered as the owner of a motor vehicle under this Act; (47) registering authority means an officer or authority prescribed by regulations to register motor vehicles under Chapter IV; (160) (145) "registering authority" means the Authority or the RTO or any other prescribed officer or authority, appointed by the Authority, by notification in the official Gazette, to exercise and discharge through out the region or such areas as may be specified in the notification, powers and functions conferred or imposed on a registering authority by or in pursuance of this Act or any rules or regulations made there-under; (161) (145a) "rental vehicle" means a motor vehicle (includes a motor cycle), which is rented out to an individual under a contract expressed or implied, or an agreement, for the use of the vehicle as a whole, for carrying passengers or goods, at an agreed rate or sum, on a time basis, whether or not with reference to any route or distances, or from one point to another, where the hirer or renter is permitted, to take and drive the vehicle, if so desires, and drop the vehicle at a specified centre or location, and where the renter is liable to prosecution for any damages, loss or other violations that occur during the period of contract where the vehicle is driven by him; (162) (146) "repair" means to restore after dilapidation or injury or decay or partial destruction or disorder or incorrect functioning to a sound state or condition; (163) (147) "rickshaw or rickshaw van or tricycle" means a three wheeled pedal vehicle, propelled by human power acting on the pedals or by electrical power constructed or adapted for the carriage of passenger or goods and upon which any person may ride and includes any such Inserted new Inserted new
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vehicle when used exclusively for carrying goods or in addition to passengers; (164) (148) right of way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger or collision unless one grants precedence to the other; (165) (149) "rigid vehicle" means a vehicle other than an articulated vehicle, in which normally all the axles are attached to a single chassis frame; (166) (150) "road" means any highway or any other road or street to which the public has access, and includes a private road or driveway, and fly-overs, bridges, culverts, tunnels, footpath, lay-bys, road dividers, shoulders, terminals (interchanges), ferry facilities, overpasses, underpasses, approaches, entrance and exit ramps, toll plazas, service areas, diversion road and other structures and fixtures to fully effect its use; (167) (151) "road hump" or "speed breaker" means a section of raised pavement constructed or placed in or on and across or partly across a carriageway or highway to restrict the speed of vehicle along that carriageway or highway; (168) (152) road roller means a motor vehicle equipped with heavy wide smooth rollers for compacting roads and pavements or for compressing road surfaces during road making; (169) (153) "road transport" means any carriage or conveyance or vehicle (motorised or non-motorised) or a combination thereof, intended or adapted for use off road or on a road or a highway or a public place other than a vehicle running upon fixed rails; (170) (154) "Road Transport Department in brief RTD" means the Department established under section 31 of the Act; (171) (154a) "road transport facilities" include, besides roads and highways, any fly-overs, bridges, culverts, tunnels, laybys, road dividers, terminals (interchanges), ferry facilities, overpasses, underpasses, approaches, entrance and exit ramps, toll plazas, service areas, stands and halting places, places for loading and unloading of passengers and goods, parking places, passenger shed and other structures and fixtures to fully Inserted new
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effect the use of any roads or highways, (172) (155) "road transport officer" means any officer of the Authority or any person appointed or declared as an officer under section 29 or 30; (173) (155a) "road transport service" means any service of carrying goods or passengers provided by means of a road transport; (174) (156) "roundabout or rotary traffic island" means an arrangement of structures at an intersection intended to direct the movement of traffic in one direction around a traffic island at or near the centre of the intersection and includes any part of a carriageway normally used by vehicles within the roundabout and any portion of carriageway beyond the boundary of the intersection which forms part of the roundabout; (48) route means a line of travel which specifies the highways, that may be traversed by a motor vehicle between one terminus and another; (175) (157) "route" means a line of travel which specifies the roads or highways, that may be traversed by a motor vehicle between one terminus and another; (176) (158)regulations unless the context suggest different meaning, means the subordinate law made by the Authority under the provisions of this Act; (177) (159) rules unless the context suggest different meaning, means the subordinate law made by the Government under the provisions of this Act; (49) safety zone means the area or space specially set apart within a roadway for the exclusive use of pedestrians and which is projected, or is so marked or indicated by adequate signs as to be plainly visible at all times; (178) (160) "safety zone" means the area or space specially set apart within a roadway for the exclusive use of pedestrians and which is protected, or is so marked or indicated by adequate traffic signs as to be plainly visible at all times while set apart as a safety zone; (179) (162) "salvage vehicle" means any vehicle which is damaged by collision, accident, fire, flood, trespass or other occurrences to the extent that the vehicle is dangerous for use or public safety, or the cost of repairing the vehicle for legal operation on the highways exceeds its fair market value immediately prior to damage; (180) schedule means a schedule appended to this Act; (181) (161) "school bus" means a bus that is used to transport children to or from school or in connection with school activities under a contract, express or implied, at a fixed or agreed rate or sum, but does not include a bus operated to Inserted new Inserted new
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Under consideration
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provide scheduled service which incidentally accept school children as passengers; (182) section means a section of this Act; (183) (163) "semi-trailer" means a trailer which is so constructed or adapted to form part of an articulated vehicle; (184) (164) side car means a small car or carrier attached on one side to a motor cycle, usually for one passenger, the other side being supported by a single wheel; (185) (165) "silencer" means a contrivance suitable and sufficient for reducing as far as may be reasonable the noise caused by the escape of exhaust gases from the engine of a motor vehicle; (50) silence zone means the area or locality so notified by the competent authority where the use of sound signals are strictly prohibited; (186) (166) "silence zone" means the area or locality so notified by the competent authority where the use of sound signals are strictly prohibited; (187) (167) "special purpose vehicle" means a motor vehicle of a type which is specially designed and constructed and not merely adapted, and used solely for construction, repair and cleansing of roads, or for building works or for watering or fire fighting or lifting or towing or conservancy or hearses purposes or for use by disabled or handicapped persons; (188) "special registering authority" means a registering authority prescribed or appointed by the Government for registration of a motor vehicle of any diplomatic officer or consular officer or any other privileged person under sub-section (1) of section 109; (189) "special registration mark" means a registration mark assigned under subsection (1) of section 109; (51) stage carriage means a motor vehicle carrying or adapted to carry more than six persons excluding the driver which carries passengers for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stage of the journey; (190) (168) "stage carriage" means a bus or any other passenger vehicle carrying or adapted to carry more than six persons excluding the driver which carries passengers for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stage of the journey; (191) (169) "tandem axle" means two consecutive axles the centre of which are not less than 100 centimetres and not more than 200 centimetres apart and which relate to each other through a load sharing suspension system; (192) (170) "tank lorry" or "tank vehicle" means Inserted new Inserted new Inserted new
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a goods vehicle specially designed and constructed to transport any liquid or gaseous material within a tanl that is permanently or temporarily attached to a vehicle or the chassis; (193) (170A) tax means the tax or additional tax imposed under Chapter this Act; (194) (171) "taxi cab" means any motor vehicle constructed, adapted or used to carry not more than seven passengers excluding the driver, for hire or reward and is usually hired under a contract, express or implied, for the use of each such vehicle as a whole or for the use of two or more persons who pay separate fares and includes a baby-taxi; (195) (171A) Taxing Officer" means the Authority or any officer, person or persons or agency appointed under section 264A of this Act; Inserted new Inserted new
Inserted new cosequent to the proposal for the repeal of the MV Tax Act 1932 Inserted new cosequent to the proposal for the repeal of the MV Tax Act 1932 Inserted new
(196) (172) "tax token" means a token or card or certificate issued under section . . . . by the Taxing Officer or any other authorised officer on receipt of any tax imposed or levy able from a motor vehicle; (197) (173) "temporary permit" means a provisional permit or a permit issued on special occasion or under special circumstances or to meet a particular temporary need or issued pending decision on an application for a permit; (198) (173a) travel concession permit in relation to a travel concession means a document in any form issued by the Authority or by the RTA or any officer authorized by the Authority, indicating that the person to whom it is issued is a person entitled to receive the concession agreed or specified or prescribed; (199) (174) "three wheel vehicle" means an auto-rickshaw, a baby taxi, an auto-tempo or a similar motor vehicle though used for carrying goods but does not include a motor cycle to which a side car or a fore car is attached; (55) tourist vehicle means a contract carriage, motor cab, 14 motor car [ or bus] constructed or adapted and equipped, maintained and operated in accordance with such specifications as the Government may, by notification in the official Gazette, specify in this behalf; (200) (175) "tourist vehicle" means a contract carriage, taxi cab, motor car, maxi cab, or bus constructed or adapted and equipped, maintained and operated in accordance with such specifications as the Authority may, by notification in the official Gazette, specify in this behalf, or in relation to which a permit is granted to the effect that it is a tourist vehicle;
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or in relation to which a permit is granted to the effect that it is a tourist vehicle; (52) tractor means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion), but excludes a road roller; (201) (176) "tractor" means a motor vehicle which is designed, constructed and used primarily for work on the land such as drawing ploughs, mowing machines and other implements of, agriculture, husbandry, horticulture or forestry or similar operations but not so constructed to carry any load in itself (other than the farm implement and the equipment used for the purpose of propulsion) the unladen weight of which does not exceed 7500 kilograms and is driven on a road only when proceeding to and from the site of such work but excludes a road-roller; (202) (177) trade certificate means a certificate or a document issued under sub-section (1) of section 182, to a manufacturer or an assembler or a repairer of or an importer or a dealer in motor vehicles, in respect of each motor vehicle used for demonstration purposes by such body or person in connection with his business; (203) (178) "traffic" includes vehicles of every description and other carriage or conveyances, pedestrians, processions, ridden or herded animals, and all other forms of road traffic using any road or highway for the purpose of travel; (204) (179) "traffic control signal" means a device, however operated, by which traffic is alternately directed to stop and permitted to proceed; (205) (180) "traffic island" means a physical provision (other than a line or a series of lines marked on a carriageway) made in or near an intersection to guide vehicles; (53) traffic signs includes all signals, warning sign posts, direction posts or other devices for the information, guidance or direction of drivers of motor vehicles; (206) (181) "traffic signs" means all signs, signals, markings and devices fixed or portable, not inconsistent as to size, colour and type with this Act or any rules and regulations made thereunder or provided in the National Traffic Sign Manual devised under section 186 placed or erected or anyway displayed by authority of a public body or officials having jurisdiction over the area or highway, however operated, which uses words, legends, symbols or lights, to convey information, guidance or warning or direction to traffic or to control or regulate traffic; (207) (182) "traffic warden" means any person appointed or employed to be a traffic warden under section 30 to supervise, assist in regulating the traffic and to report Modified
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traffic offences; (54) trailer means any vehicle other than a side car drawn or intended to be drawn by a motor vehicle; (208) (183) "trailer" means a vehicle, implement, machine or other structure other than a side car or fore car attached to a motor cycle, not being capable of propelled by its own motive power, however, is capable of being drawn or designed to be drawn by another vehicle, but does not include a motor vehicle being towed; (209) (184) "train weight" in relation to a motor vehicle which may draw a trailer means the aggregate maximum laden weight for the motor vehicle together with any trailer which may be drawn by it; (210) (185) "Transporter" includes every person or establishment, registered by the Authority, engaged in the business of delivering vehicles of a type required to be registered under the Act from a manufacturing, assembling or distributing plant to dealers or sales agents of manufacturer or assembler under the authority of the manufacturer and assembler. (57) transport vehicle means a public service vehicle, a private service vehicle, a tourist 15 vehicle, a goods vehicle, [ a bus], a locomotive or a tractor other than a locomotive or a tractor used solely for agricultural purposes; (211) (187) "transport vehicle" means a commercial vehicle, a private service vehicle, a goods vehicle, a bus, an articulated vehicle (light or heavy), a special purpose vehicle not being an invalid carriage, a dual purpose vehicle, a motor vehicle and trailer combination save and except when the drawing vehicle is a motor car and the combination is meant for carrying personal effects, a locomotive or a tractor other than a locomotive or a tractor used solely for agricultural purposes; (212) (188) "tri-axle" means three consecutive axles, the centres of the outmost of which are not less than 200 centimetres and not more than 320 centimetres apart and which relates to each other through a load sharing suspension system; (213) (189) "trolley bus" means a bus constructed or adapted for use on roads without rails and which is propelled by electric power transmitted thereto from overhead wires or some external source; (214) (190) "truck" means any goods vehicle not being a tank lorry whether has an open or a closed body; (215) (190a) "two-up driver" means a person accompanying a driver of a vehicle or combination, on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey; Modified
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Under consideration
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(58) unladen weight means the weight of a vehicle, or a trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a 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; (216) (191) "unladen weight" means the weight of a vehicle, or a -trailer or a motor vehicle and trailer combination including the body and all parts or equipment (the heavier being taken where alternative bodies or parts are used) ordinarily used with the vehicle or trailer when working on a road, but excluding the weight of a driver or attendant or loose tools; Modified
(217) (192) "urban or built up area" means the territory contiguous to and including any road or highway which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than thirty metres for a distance of half a kilometre or more and includes any metropolitan area, District, Upazila (subdistrict), thana, city corporation and Paurashova (municipality) headquarters and such other notified areas; (218) (193) "vehicle" means a device, conveyance or structure in, upon or by which any person or property or goods is or may be transported or drawn upon a road or highway other than the devices exclusively used upon fixed rails or tracks; (219) (193a) vocational license means a license issued to a driver or other worker under Chapter IV of the Act to the effect that person holding such license has skill and is qualified in the vocation(s) specified therein; (220) (194) "weighing machine" includes a portable weighing machine, a static weighing machine and a computerised or electronic weigh-in-motion system; (59) weight means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle 16 rests [ ; (221) (195) "weight" means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests; (222) (196) wheel means a circular device fitted with tyre that rotate on an axle fitted below the under carriage of a vehicle and transmits its load on the ground or surface of the road and facilitates its movement; (60) worker conductor cleaner.] means driver, and helper-cum(223) (197) worker means the driver, conductor, attendant and helper-cumcleaner or other person engaged in a transport vehicle or any motor vehicle as a paid employee. 3 Subdivision of vehicle class._ The Authority may, by making regulations,
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subdivide any of the class of vehicles defined under section 2 of the Act, based on weight, construction, nature of tyres, use or otherwise and may make different provision with respect to each subdivision and varying in respect of any class the maximum or minimum weight fixed under this section, and any reference in this Act to a class of vehicle(s) shall include a reference to any subdivision of such class. 4 Obedience to and scope of the Act.(1) It is an offence for any person to do any act forbidden and/or fail to perform any act required in this Act. (2) The parent of a child and the guardian of any ward or any employer shall not authorize or knowingly permit any such child, ward, or employee to violate any of the provisions of this Act. 5 Effect of headings.Chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any Chapter or section hereof. Inserted new
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Draft Proposed Road Transport and Traffic Act, 2011
Contents
C HAP T E R II : R O AD T R ANS P OR T ADMINIS T R AT ION ......................................................................... 31 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Responsibility of administration._ ...................................................................................... 31 Bangladesh Road Transport Authority._ ........................................................................... 31 Authoritys symbol._.............................................................................................................. 32 Constitution of the Authority._............................................................................................ 32 Membership of the Authority._ ........................................................................................... 33 Salaries payable to members of the Authority._ ............................................................ 34 Conduct of business of the Authority._ ............................................................................. 35 Meetings of the Authority._ ................................................................................................. 35 Chief Executive Officer._ ...................................................................................................... 35 Functions of the Authority._ ................................................................................................ 36 Powers of the Authority._..................................................................................................... 39 Delegation of powers and functions._ ............................................................................... 41 Authority to exercise modified powers._ .......................................................................... 41 Road transport revenue fund._ ........................................................................................... 41 Bank accounts._ ..................................................................................................................... 44 Annual report._....................................................................................................................... 44 Power to levy fee._ ................................................................................................................ 44 Power to examine and test._ ............................................................................................... 45 Power to approve or reject applications._ ........................................................................ 45 Power of enforcement._........................................................................................................ 46 Power to inspect and take testimony._ ............................................................................. 47 Power to prescribe forms._ .................................................................................................. 48 Distribution of synopsis of Law._ ........................................................................................ 48 Establishment of Road Transport Department._ ............................................................. 48 Watch and Ward Service._ ................................................................................................... 50 Acquisition of financial interest by any authority or officers._ ..................................... 51 Proceedings by officers of Authority._ ............................................................................... 51 Preservation of secrecy._ ..................................................................................................... 51 Road Transport Advisory Council, etc._ ............................................................................ 52 Power of the Government to control road transport._................................................... 52 Power of Government to issue orders and directions._ ................................................. 54 Power of the Government to remove or fix the age limit of motor vehicles._ ......... 54 Power of the Government to grant authorization._ ........................................................ 55 Power of the Government to make transitional provisions.- ........................................ 57 Power of the Government to suspend certain provisions._ .......................................... 58 Power of the Government and the Authority to exempt._ ............................................ 58 Protection of action taken under the Act._ ..................................................................... 58 Appeals._ ................................................................................................................................. 59 Effect of appeal and revision on order passed by original authority._ ....................... 60 Bar on jurisdiction of Civil Courts._ ................................................................................... 60 Power to make rules._ .......................................................................................................... 60 Power to make regulations._ ............................................................................................... 61
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -II
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER IA BANGLADESH ROAD TRANSPORT AUTHORITY 6 (1) Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of C HAP T E R II : R O AD T R ANS P OR T ADMINIS T R AT ION Remarks Proposed a new law to replace the MVO 1983 Modified
(2)
(3)
(a)
(b)
(c) (d)
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Responsibility of administration._ The Government in the Roads and Railway Division of the Ministry of Communications shall be overall responsible for the road transportation and road traffic system in Bangladesh. For the purposes of this Act, the Government may declare any body to be a public body. Besides, the Government, the Authority under the guidance of the Government shall be responsible for theadministration and enforcement of this Act and the rules and regulations made there under; legal and technical norms, safety and roadworthiness of motorized and nonmotorized vehicles and the driving and use requirements of such vehicles; enforcement of emission and safety related norms of vehicles; overall management, control, and supervision of the road transport and traffic system; integration of road transports with other modes of transports such as Metro, Rail, Water and Airports; and establishment of co-ordination and cooperation between the departments, organizations, and agencies acting under this Act or under any other law for the time being in force in the affairs of road transports and traffic system in Bangladesh. Bangladesh Road Transport Authority._ There shall be established a Government body to be called the Bangladesh Road Transport Authority in brief BRTA, for carrying out the purposes of this Act with perpetual succession and a common seal and shall, by that name, be capable of suing and being sued; acquiring, owning, holding and developing or disposing of property, both movable and immovable; and
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2A. Bangladesh Road Transport Authority (1) There shall be established an Authority to be called the Bangladesh Road Transport Authority for carrying out the purposes of this Ordinance. (2) The authority shall consist of a Chairman and such number of other members, not exceeding eight, as
7 (1)
Modified
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may be appointed by the Government from time to time. (3) The Chairman shall be appointed by the Government from among persons in the service of the Republic not below the rank of Joint Secretary to the Government or an officer having pay scale equivalent to that of a Joint Secretary, to the Government. (4) The Chairman and other members shall hold office on such terms and conditions as the Government may determine. (5) The Chairman shall be the chief executive officer of the Authority. (6) The Chairman shall be a whole time officer of the Authority and shall exercise such powers and perform such functions as may be prescribed by rules or as may be assigned to him by the Government. (7) If a vacancy occurs in the office of the Chairman or if the Chairman is unable to discharge the functions of his office on account of absence, illness or any other cause, the Government shall make such arrangement for discharging the functions of the office of the Chairman as it may consider necessary. 8 (1) Authoritys symbol._ The Authority shall have the exclusive right to the use of such symbol or representation as it may select or devise and there after display or exhibit in connection with its activities or affairs. Any person who uses a symbol or representation identical with that of the Authority, or which so resembles the Authoritys symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence. Constitution of the Authority._ The Authority shall consist of a Chairman and such number of other members, not exceeding ten including the Chief Modified Inserted new (c) doing and suffering such other acts or things as public bodies may lawfully do and suffer. All deeds and other documents requiring the seal of the Authority shall be sealed with the common seal of the Authority. Any instruments to which the common seal is affixed shall be signed by any two members generally or specially authorised by the Authority for the purpose or by one member and the Chief Executive Officer. All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to any document and shall presume that it was duly affixed.
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Executive Officer, the professionals and the officials who have had wide experience of, and shown capability in, road transports and road traffic, industrial, commercial or financial matters, administration, applied science, or the organisation of workers, as may be appointed by the Government from time to time. (2) The Chairman shall exercise such powers and perform such functions as may be entrusted by the Act, or prescribed by rules or regulations made there under, or as may be assigned to him by the Government, or by the Authority, or by any other law for the time being in force, and shall have general supervision and direction of all matters relating to road transport and traffic through out Bangladesh. The Government shall appoint one of the members as the Deputy Chairman of the Authority who may discharge such functions and exercise such powers of the Chairman as may be entrusted to him or conferred on him by the Government or by the Authority and shall act as Chairman of the Authority, if a vacancy occurs in the office of the Chairman or if the Chairman is unable to discharge the functions of his office because of absence from Bangladesh, illness or for any other causes. No person shall be appointed as Chairman or Deputy Chairman or as Chief Executive Officer of the Authority unless such person has knowledge, wide experience and capability in the matters relating to road transports and traffic system. The number of permanent members shall not be more than five including the Chairman, the Deputy Chairman and the Chief Executive Officer. Membership of the Authority._ A member of the Authority including the Chairman and the Deputy Chairman, but excluding the Chief Executive Officer, shall be appointed on such terms and conditions and for such period as the Government may determine and shall be eligible for reappoinment. At least one member shall be appointed from each of the key organisations including the Authority, involved in the Modified
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affairs of the road transport and traffic system in Bangladesh. (3) At least one of the members shall be appointed from the judicial service or from and among the eminent lawyers who is eligible to become a justice of the High Court Division. No person who is a bankrupt or has been sentenced to imprisonment for any term or who has any financial interest, whether as proprietor, employee or otherwise, in any transport undertaking whether public or private or a person who is not a public servant having pay scale equivalent to that of a Joint Secretary to the Government shall be appointed as or continue as a member of the Authority. If any person being a member of the Authority, includes the Chairman and the Deputy Chairman and all other members, acquires any financial interest, whether as proprietor, employee or otherwise, in any transport undertaking, whether public or private, he shall within a fortnight of so doing, give notice to the Government of the acquisition of such interest, and shall vacate the office. The Government may at any time remove any member of the Authority including the Chairman and the Deputy Chairman, but excluding the Chief Executive Officer without assigning any reasons, likewise, any member may at any time resign from his appoinment by giving a notice in writing to the Government. All members of the Authority, officers and other employees of the Athority and the Road Transport Department in brief RTD, and the Watch and Ward Service in brief WWS shall be deemed to be public servants for the purposes of the Bangladesh Penel Code. Inserted new
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Salaries payable to members of the Authority._ A member of the Authority including the Chairman and the Deputy Chairman, not being an employee of the Government or the Authority, shall receive, the pay and allowances including travelling and halting allowances, at the scale and on the terms and conditions, as may be determined by the Government, to be paid out of the funds of the Authority.
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12 Conduct of business of the Authority._ Subject to the provisions of this Act, the business of the Authority shall be conducted in accordance to the rules made by the Government generally, and in particular regarding the holding and proceedings of meetings, the notice to be given of such meetings, the keeping of minutes and the custody, production and inspection of such minutes : Provided that until such rules are made, the business of the Authority shall be conducted according to the direction of the Government or the Chairman. Modified
2B. Meetings of the Authority (1) The meetings of the Authority shall be held at such times and places as may be prescribed by rules: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Authority, the number of members present shall be two, if the Authority consists of not more than three members, and three, if the authority consists of more than three members. (3) All meetings of the Authority shall be presided over by the Chairman and, in his absence, by a member authorised in writing by the Chairman in this behalf. (4) At a meeting of the Authority, each member shall have one vote and, in the event of equality of votes, the person presiding shall have a second or casting vote. (5) No act or proceeding of the Authority shall be invalid or be called in question on the ground of any vacancy in, or any defect in the constitution of, the Authority.
13 Meetings of the Authority._ (1) The meetings of the Authority shall be held at such times and places as may be prescribed by rules: Provided that, until so prescribed, such meetings shall be held at such times and places as may be determined by the Chairman. (2) To constitute a quorum at a meeting of the Authority, the number of members present shall be two, if the Authority consists of not more than three members, and three, if the Authority consists of more than three members but not more than eight members and four if the authority consists of more than eight members. (3) Chairman shall preside over the meetings of the Authority and, in his absence, the Deputy Chairman, and in the absence of both of them, the member authorized in writing by the Chairman in this behalf. (4) At a meeting of the Authority, each member shall have one vote, and, in the event of equality of votes, the person presiding shall have a second or casting vote. (5) No act or proceeding of the Authority shall be invalid or be called in question on the ground of any vacancy in, or any defect in the constitution of, the Authority. (6) A member of the Authority, who is in any way, directly or indirectly, interested in a transaction or a project of the Authority, shall disclose the nature of his interest at a meeting of the Authority which shall be recorded in the minutes of the meeting; and such a member shall not take part in any deliberation of the Authority with respect to that transaction or project and shall not vote either in favour or against the motion. 14 (1) Chief Executive Officer._ The Chief Executive Officer in brief CEO
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shall be a member of the Authority by virtue of his position. The Chief Executive Officer shall be a whole time officer of the Authority, with the rank and status of a Secretary or an Additional Secretary to the Government, who shall also be the Director General, of the RTD, and may be appointed by promotion of a suitable officer of the RTD, or by direct recruitment, if no such departmental candidate is available, and shall not be removed from office without the consent of the Bangladesh Public Service Commission. The Chief Executive Officer shall be responsible to the Authority, for the proper administration and management of the functions and affairs of the Authority, the RTD and the WWS, in accordance with this Act and the rules or regulations made there under, and the policy lay down by the Authority or by the Government. Modified
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15 Functions of the Authority._ (1) The Authority shall perform the functions entrusted by or under this Act, or by any other law for the time being in force, and such other functions, as the Government may assign to it from time to time. (2) The functions and duties of the Authority shall include, but not limit to the following: (a) pursue the appropriate authority (the authority or agency responsible)(i) to plan, design, construct, manage and maintain any roads or highways or street in good and safe condition; and (ii) to plan, design, construct, maintain and improve pedestrian walkways, bus stops terminals or shelters, bus-truck (interchanges), taxi stands, stands for other motorized and non-motorized vehicles and other road transports and commuter facilities in accordance with this Act, and/or any other law for the time being in force; and (iii) to maintain, operate and improve road traffic signs or signals, traffic control equipment or lighting equipment associated with a road and other road traffic facilities for the purposes of traffic management and control; and (iv) to provide parking places for motorized and non-motorized vehicles, to license and regulate the use of parking places in the best interest of the users; and (b) develop and implement road transport and traffic system management strategies and practices; and
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(c) grant licenses, permits or certificates for road transport purposes and to supervise and enforce compliance with the provisions of such licenses, permits or certificates; and plan and design comprehensive route network and regulate the carriage of passengers and freights on any road for hire or reward or otherwise in accordance with the Act; regulate the issue of travel concession permit and the related matters; regulate the standards, construction, safety aspects, and type approval of motorized and non-motorized vehicles and the conditions under which such vehicles may be driven and used on roads in Bangladesh; and grant registration and authorization, determine requirements, terms and conditions for repair and testing facilities of vehicles, conversion, retrofitment, certification and testing centres of gas (Natural Gas (NG), Compressed Natural Gas (CNG), Liquid Natural Gas (LNG), Liquified Patroleum Gas (LPG) or hydrogen gas operated vehicles and pollution checking centres for different types of vehicles; and determine load limits for vehicles, establish guidelines or requirements for the issue of vehicle mass and dimension permits; and promote better understanding of road transport and traffic related policies and programmes, whether solely or jointly with other authorities or organisations; and establish training centers, either solely or jointly with others, for imparting training to vehicle examiners, vehicle inspectors, vehicle testers, driving examiners, driving instructors, road transport workers, members of the traffic police or watch and ward service, and such other officers, staff and persons, considered desirable to achieve a safe and efficient road transport and traffic system or as necessary or convenient for it to carry on for or in connection with the efficient discharge of its functions and duties under this Act or any other law in force. co-ordinate road transport services, including developing or promoting the development of integrated public transport and ticket systems including BRT system; co-ordinate and regulate the activities, functions and policies of the Regional Transport Authorities or Officers, registering authorities or licensing
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authorities or other prescribed authorities under the Act; settle all disputes and decide all matters on which differences of opinion arises between Regional Transport Authorities, registering authorities or licensing authorities or other prescribed authorities; and encourage, advise and otherwise assist (whether financially or otherwise) persons to conduct, research and demonstration projects in respect of road transport and traffic system and associated matters; advise the Government in respect of the road transport and traffic system in Bangladesh, including, but not limited toits adequacy to meet national, regional and community needs in an efficient, viable and safe manner; changes considered advisable in the provision of finance for the control, construction, management or maintenance of the road transport and traffic system and facilities; and changes considered advisable in the levying and collection of road transport and traffic taxation, including the granting or withdrawing of exemptions or partial exemptions from any form of road transport and traffic taxation; and maintain contact with road transport and traffic organizations in Bangladesh and abroad, in order to obtain, collect and exchange information relating to road and traffic developments in Bangladesh and abroad, and to make such information available to bodies and persons with an interest in road transport and traffic in Bangladesh. represent Bangladesh internationally in respect of matters relating to road transport and traffic system and facilities; administering, assessing, collecting and enforcing payment of the proposed sums of successful bids for particular registration marks or numbers, number plates for any type or category of vehicle, license, permit, certificate and pertaining to such other activities under the Act and/or any rules and regulations made there under, and/or under any other law for the time being in force relating to road transports and traffic system; and all taxes, fees, security deposits, fines and charges levied and/or collected under the Act and/or any rules and regulations made there under, and/or under any other law for the time being in force relating to road transports and traffic system or levied
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under any order of the Government for which the Government or the Authority has responsibility; and collect, compile and analyse information of a statistical nature relating to road transport and traffic or such other subjectmatter necessary for the performance of the functions of the Authority or the RTD or the WWS, and to publish and disseminate the results of any such compilation and analysis or abstracts of those results; and establish and maintain Road Transport Revenue Funds and Bank Accounts in accordance with the provisions of this Act; develop and manage, or participate in the development and management of, road transport and traffic systems including BRT, whether in Bangladesh or elsewhere; and undertake any other activities considered necessary or desirable to achieve a safe and efficient road transport and traffic system that maximises national economic and social benefits and benefits of the road and road transport users at large; perform such other functions as are incidental or conferred on the Authority by the Government or by any other law in force. Powers of the Authority._ Subject to this Act, the Authority may in connection with the discharge of its functions and duties under this Act or any other law in force, exercise the powers conferred and in particular may exercise any of the following powers: to provide registration and licensing procedures and systems for road transports in accordance with the Act; to utilize all property of the Authority, movable and immovable, in such manner as the Authority may think expedient; to establish and maintain offices, in Bangladesh or elsewhere as it deems necessary; to enter into all such contracts for the supply of goods, services or materials or for the execution of works or any other contract as may be necessary for the discharge of its duties and functions under this Act; to provide technical advice or assistance, including training facilities and consultancy services, to any person or body as respects any matter in which the Authority has skill or experience; Modified
(s)
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(f) to impose fees or charges for services rendered by the Authority or by any officer or employee of the Authority or the RTD or the WWS; to grant loans to officers or employees of the Authority or the RTD or the WWS for any purposes specifically approved by the Authority as are likely to increase the efficiency of officers or employees; to provide recreational facilities and promote recreational activities for, and activities conducive to, the welfare of officers or employees of the Authority or the RTD or the WWS and members of their families; to provide training for employees of the Authority or the RTD or the WWS and/or their children, and to award scholarships or otherwise pay for such training; to receive donations and contributions from any source and borrow with Government approval or raise funds by all lawful means; to exercise all other powers considered necessary or desirable to achieve a safe and efficient road transport and traffic system that maximises national economic and social benefits, and benefits of the road and road transport users at large; to out source any of its functions relating to licensing, registration and certification of drivers and vehicles, training and testing of drivers and vehicles, supply of badges and uniforms for staff and workers, either through competitive bids or through some other process, it deems fit and on such terms and conditions, as it may decide; as considers appropriate, co-ordinate and control the functions and functioneries in respect of road transport and traffic under the Act or the rules or regulations made there under; hear and decide appeals lodged by the aggrieved persons against the orders, decisions and actions of sub-ordinate offices and officers and such other prescribed authorities and officers specified in the Acts or the rules or regulations made there under; and to do anything incidental to any of its powers. The Authority may appoint, from among its own members or other persons who are not members, such number of committees as it thinks fit, consisting of members or members and other persons, for purposes which, in the opinion of the Authority, would be better regulated and managed
(g)
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(3) by means of such committees. The Authority may, subject to such conditions or restrictions as it thinks fit, delegate to any such committee, or to any member, any of the functions or powers of the Authority under this Act or any other law in force, except the power of delegation conferred by this section. No delegation under this section shall prevent the performance or exercise of any function or power by the Authority. This section shall not be construed as limiting any power of the Authority conferred by or under any other law in force. Delegation of powers and functions._ The Government may, by order published in the Gazette, upon application being made by Mayor of a City Corporation or Pourashova or at its own discretion, authorise the Mayor and the officers or persons in the service of the City Corporation or Pourashova or other local authority to exercise the powers conferred and to perform the duties imposed by this Act on the Authority or the road transport officers or the members of Watch and Ward Service, as the case may be. The Authority may by a notification in the official Gazette, subject to such conditions or restrictions as it thinks fit, delegate or entrust such of its power or functions as it considers necessary, to the Chairman, Deputy Chairman or to any of the member of the Authority or to any officer or employee of the Authority or the RTD or the WWS or to any other public or private body, or any other authority or officer; likewise the Chairman may also delegate or entrust some of his power or functions to any officer of the Authority or to any other authority or officer except the power of delegation conferred on the Authority or the Chairman by or under this Act. Authority to exercise modified powers._ Notwithstanding anything contained in this Act, if it becomes expedient in the interest of public service, the Authority may exercise and discharge in lieu of any other authority specified in or under this Act, such power, and functions as it may consider necessary. Road transport revenue fund._ The Authority shall, establish, maintain, manage and administer a Road Transport Modified Modified
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17 (1)
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18
19 (1)
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Revenue Fund in brief Revenue Fund, in accordance with the provisions of this Act or the rules and regulations made there under, and/or the procedures laid down or wtitten directions given by the Government, into which shall be paid(a) all fees, taxes, fines and charges received under the provisions of this Act or the rules and regulations made there under or under any other laws or rules or regulations administration of which is vested in the Authority, or for rendering any services by the Authority or by the RTD or by the WWS ; and all moneys derived from the disposal, lease, or hire of, or any other dealing with, any property vested in or acquired by the Authority; and all other moneys lawfully received by the Authority or by the RTD or by the WWS for the purposes of the Authority or the RTD or the WWS; It shall be the duty of the Authority, so to exercise and perform its functions under this Act, as to secure that the total revenues of the Authority are sufficient, taking one financial year with another, to meet its operating expenses (other than capital cost involved in construction and development of facilities, repayment of loans, interest, fees and other charges on loan) chargeable to the Revenue Fund. The Authority shall, keep proper accounts and records of its transactions and affairs, and shall do all things necessary, to ensure that all payments out of its funds, are correctly made and properly authorized, and that adequate control is maintained over the assets of, or in the custody of, the Authority and over the expenditure incurred by the Authority. The funds and accounts of the Authority shall be audited by the Auditor-General or such other auditor as may be appointed annually by the Government in consultation with the Auditor-General. The Authority shall, as soon as practicable after the close of each financial year, prepare and submit the financial statements in respect of that year to the Auditor-General who shall arrange audit and report on them. As soon as the accounts of the Authority and the financial statements have been audited in accordance with the provisions of this Act, or in accordance to the directions of the Government or the Auditor-General, a copy of the audited financial statements signed by the
(b)
(c)
(2)
(3)
(4)
(5)
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Chairman, together with a copy of any report made by the auditor, shall be submitted to the Government. (7) The revenue of the Revenue Fund for any financial year shall be applied, in defraying all expenses of the Authority and the RTD and the WWS, in accordance to the budget approved by the Authority, or by the Government, for the respective financial year, and in particular the following chargesthe remuneration, fees and allowances of the members including the Chairman and the Deputy Chairman of the Authority; the salaries, fees, remuneration, pensions, superannuation allowances and gratuities of the officers, employees, agents, advisers, consultants,former/retired employees of the Authority and the RTD and the WWS, and such other persons engaged or employed or appointed by the Authority for its purposes; working and establishment expenses and expenditure on, or provision for, the maintenance of any of the property (includes vehicles, test equipment, training and testing centres, etc) of the Authority, and the discharge of the functions of the Authority and the RTD and the WWS chargeable to Revenue Fund; expenses incurred or incidental to the investment or management of moneys in the Revenue Fund; sums required to be paid for establishing and development of training centres, vehicle and driver testing facilities; sums required to pay any principal or interest on moneys borrowed or raised by the Authority for its purposes; sums required to pay all reasonable expenses, legal costs incurred by the Authority, in connection with the collection or attempted collection of any outstanding amounts; sums required to be paid to the Government towards repayment of any loan made by the Government to the Authority; such sums as may be deemed appropriate to set aside in respect of depreciation or renewal of the property of the Authority; the cost, or any portion thereof, of any new works, plant, vehicle, equipment or appliances, training and testing centres, which the Authority may determine to charge to revenue; such sums as may be deemed appropriate
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
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to set aside by way of contribution, for the purposes associated with the objects of this Act, as the Authority may determine, to the public or for charities, or for payment of compensation arising out of any liability of the Authority or any of its members or employees for anything done in good faith, or intended to be done in the execution or purported execution of this Act; and (l) any other expenditure as may be deemed appropriate or authorised by the Authority and properly chargeable to Revenue Fund; The balance of the Revenue Fund may be paid to the Government exchequer in accordance to the procedures laid down by the Government, or may be applied to the creation of a general reserve and such other reserves as the Authority may think fit. Bank accounts._ The Authority shall open and maintain an account or accounts with such bank or banks as the Authority thinks fit; and every such account shall be operated upon as far as practicable by cheque signed by such person or persons as may from time to time be authorised in that behalf by the Authority. The moneys of the Authority shall be applied only in payment or discharge of the expenses, obligations and liabilities of the Authority and in making any payments that the Authority is authorised or required to make. Annual report._ The Authority shall, as soon as practicable after the end of each financial year, submit to the Government an annual report on the activities of the Authority and the RTD and WWS during that financial year, and the Minister in-charge shall cause the report to be presented before the Council of Ministers and/or to the Parliament as he deems proper. Power to levy fee._ Any regulations which the Authority is empowered to make under this Act may, notwithstanding the absence of any express provision to that effect, provide for the levy of the such fees in respect of applications, amendment of documents, test, endorsements, badges, plates, countersignature, authorizations, supply of statistics, or copies of the documents or orders and for any other purpose or Inserted new Inserted new
(8)
20 (1)
(2)
21
171. Power to levy fee [ regulation which the Any Authority] is empowered to make under this Ordinance may, notwithstanding the absence of any express provision to that effect, provide for the levy of the such fees in respect of applications, amendment of test, endorsements, documents, badges, plates, countersignature, authorisations, supply of statistics, or
179
22 (1)
Modified
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copies of the documents or orders and for any other purpose or matter involving the rendering of any service by the officers or authorities under this 180 [ regulation] Ordinance or any made thereunder as may be considered necessary: Provided that, the Government may, if it considers so to do, in the public interest, by general or special order, exempt any class of persons from the payment of any such fee either in part or in full. matter involving the render of any service by the officers or authorities under this Act or any rules or regulation made there under, as may be considered necessary: Provided that the Government or the Authority may, if it considers so to do in the public interest, by general or special order, exempt any person or class of persons from the payment of any such fee either in part or in full. (2) Whenever an application to any officers or authorities under this Act is accompanied by any fee (not being an inspection or test fee) payable under this Act, and such application is refused or rejected, said fee after deduction of cost incidental as may be prescribed, shall be returned to the said applicant in the prescribed manner. Whenever any officers or authorities acting under this Act through error collects any fee not required to be paid hereunder, the same shall be refunded to the person paying the same in the prescribed manner. Inserted new
(3)
23 (1)
Power to examine and test._ Notwithstanding anything contained in this Act, the Authority having good cause, may require a driver or a vehicle to submit to such examination or test as the Authority may deem fit. Upon conclusion of the examination or test the Authority may take such actions as it thinks appropriate in respect of the driver or the vehicle in question in the interest of safety. Failure or refusal or neglect, to submit to the examination or test under sub-section (1), shall construe an offence by the driver or the owner or the in charge of the vehicle as the case may be.
(2)
(3)
24
Power to approve or reject applications._ The Authority and every office under it, within their respective jurisdictions, shall have power to examine and determine the genuineness, regularity and legality of every application for registration of a vehicle, for a driving license, for a permit and of any other application lawfully made to the Authority or to any of its office, and may in all cases make investigations or inquires as may be deemed necessary or may require additional information, and shall reject any such application if not satisfied of the genuineness, regularity or
Inserted new
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legality thereof or the truth of any statement contained therein, or for any other reason when authorised by this Act or any rules or regulations made there under. 174. Officers to exercise powers of police officers The Government may, by rules,(a) authorise any officer of the Authority to exercise the powers exercisable by a police officer under this Ordinance; (b) prescribe conditions under which such powers shall be exercised; (c) prescribe the uniform to be worn by such officers while exercising such powers.] (a) 25 (1) Power of enforcement._ In addition to the powers conferred by or under this Act or any other law for the time being in force, an officer or employee of the Authority or the RTD or the WWS may, on declaration of his office and production to the person against whom he is acting such identification card as the Chairman or the Chief Executive Officer may direct to be carried by the members or by the officers or employees of the Authority or the RTD or the WWS , in relation to any offence under this Act, or any such lawexercise all the powers of a police officer under the Act except under sections . . . . . and any reference in this Act or such law to a police officer or duly authorised police officer shall include a reference to such officer or employee of the Authority; require any person whom he reasonably believes to have committed an offence under the Act or any such law to furnish evidence of the persons identity; if he is generally or specially authorised in writing by the Chairman or by the Chief Executive officer, arrest without warrant any person found committing or whom he has reason to believe has committed an offence under the Act or any such law, except as otherwise provided in clause (a); for the purposes of the Act or any such law, require any person to furnish any information or produce any book, document or copy thereof in the possession of that person, and may, without fee or reward, inspect, copy or make extracts from such book or document; when conducting any investigation under the Act or any such law, require, by order in writing, the attendance before the officer or employee of any person being within the limits of Bangladesh who from the information given or otherwise appears to be acquainted with the circumstances of the case, and the person so ordered shall attend as so required; and detain or seize any vehicle and/or document found in the course of a search under this sub-section. Where any person is arrested by an officer or employee of the Authority or the RTD or Modified
(b)
(c)
(d)
(e)
(f)
(2)
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the WWS under sub-section (1), the officer or employee shall comply with sections . . . . . of the Criminal Procedure Code as if he were a police officer. (3) (a) A person who refuses to give access to, or assaults, obstructs, hinders or delays, an officer or employee of the Authority or the RTD or the WWS in the discharge of his duties; willfully mis-states or without lawful excuse refuses to give any information or without lawful excuse refuses to produce any book, document or copy thereof required of him by an officer or employee of the Authority or the RTD or the WWS under sub-section (1); or fails to attend an officer or employee of the Authority or the RTD or the WWS to give evidence or testimony when required by such an officer, or fails to comply with a lawful demand of an officer or employee of the Authority or the RTD or the WWS in the discharge of his duties shall be guilty of an offence. Power to inspect and take testimony._ The Chairman and such officers and employees of the Authority or the RTD or the WWS as may be designated by the Chairman or by the Chief Executive Officer, and all Police officers of or above the rank of Sub-Inspector of Police or Police Sergeant shall have powerto inspect and detain any vehicle of the type required to be registered under this Act which is in any garage or repair workshop or in any other place where such vehicles are manufactured, assembled or held for sale or wrecking for the purpose of investigating the title and registration thereof; to collect information on accidents, theft or felony and obtain testimony of witnesses or of persons involved; and to take possession of any certificate of title, registration or any license or permit or plate or sign or marking or label issued by any authority under this Act which has been revoked, cancelled or suspended or which is fictitious, stolen or altered or defaced. A person who refuses to give access to, or assaults, obstructs, hinders or delays, any officer acting under sub-section (1) in the discharge of his duties; or willfully mis-states or without lawful excuse Inserted new
(b)
(c)
(d)
26 (1)
(a)
(b)
(c)
(2) (a)
(b)
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refuses to give any information or without lawful excuse refuses to produce or hand over any book, document or copy thereof required of him by an officer acting under sub-section (1); or (c) fails to attend an officer to give evidence or testimony when required by such an officer, or fails to comply with a lawful demand of an officer in the discharge of his duties; shall be guilty of an offence. 27 Power to prescribe forms._ The Authority shall have power, to prescribe and provide, either on payment or free suitable forms of applications, registration certificate or other certificates or cards, or token, or drivers' and conductors' or workers licenses, permits, labels, operators license, and all other forms requisite as deemed necessary to carryout the provisions of this Act or any other laws or rules or regulations administration of which is vested in the Authority. Distribution of synopsis of Law._ The Authority may publish a synopsis of the laws, regulating the driving or operation of motor vehicles, and may deliver a copy thereof, with or without charge, to each person applying for, or receiving an original or renewed vehicle registration, or driving license or permit or authorization or such other document. Modified
(d)
28
Inserted new
2C. Appointment of officers (1) The Authority may, for the efficient performance of its functions, appoint such officers, including Inspectors of Motor Vehicles and other employees as it considers necessary. (2) The officers and other employees of the Authority shall be persons in the service of the Republic.
29 (1)
Establishment of Road Transport Department._ The Government, or if empowered by the Government, by rules made in this behalf, the Authority, may, for the efficient performance of the functions of the Authority, or as may be necessary or expedient for the purposes of this Act, establish a Road Transport Department in brief RTD with a Director General as its head, and shall appoint such number of Additional Directors General (including a Secretary of the Authority), Deputy Directors General, Directors, Deputy Directors and Assistant Directors and such other officers and employees thereof: Provided that the Government shall make appointment to all class 1 posts of the Authority, the RTD and the WWS: Provided further that one of the Additional Directors General may be appointed
Modified
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Secretary of Government: the Authority by the
Provided further that all appointments by the Government or by the Authority shall be made in consultation and with the recommendation of the Bangladesh Public Service Commission, as may be applicable. (2) The Authority may, from time to time, appoint and employ on such terms and conditions as the Authority may determine such other employees, consultants and agents (including electronic service agents, revenue collection agent, enforcement agent, etc) as may be necessary for the effective performance of its functions. The officers and other employees of the Authority and the RTD and the WWS shall be known as road transport officers and shall be persons in the service of the Republic on terms and conditions of service in the Government: Provided that the Authority may grant higher salaries than Government officials of the equivalent rank, to such officers and other employees as it may think fit, considering the nature and exigency of service, qualifications, skill and experience of the incumbent. (4) The Director General shall assign at least a Director to each division of the Road Transport Department. The Authority may by notification in the official Gazette appoint such registering and licensing authority or investigation, enforcement or proseution officers as may be necessary for carrying out the purposes and provisions of this Act, and any rules or regulations made there under, and for the keeping of such records in relation thereto as are or may be required by or under this Act, and for such other matters as are or may be required by it by or under this Act; and such Inspector of motor vehicles, vehicle examiners and driving examiners as may be necessary for carrying out the purposes and provisions of this Act and any rules or regulations made there under. Any officer or other employee appointed under any Act or any Ordinance repealed by this Act, and holding office on the date immediately preceding the appointed day, shall continue in office and shall be deemed to be a road transport officer or a traffic warden, as the case may be, appointed under this Act on terms no less
(3)
(5) (a)
(b)
(6)
2-49
favourable than those enjoyed by the said officer or employee immediately prior to their transfer or appoinment under this Act: Provided that any disciplinary proceedings, pending against any such employees, shall be carried on and completed by the Authority, and if found guilty fix liabilities, and award such punishments as it considers appropriate under the law applicable. (7) To carry out the provisions of this Act and/or the rules and regulations made there under, and for efficient discharge of functions, the Authority may establish offices and sub-offices of the RTD envisaged under this section in each division, district and each Metropolitan Area or in such other areas or places as it deems necessary. Without generality of the foregoing powers and functions, the Government may make rules or the authority may make regulations, to regulate the dicharge of functions or exercise of powers by the authotities and officers appointed under this Act (including the powers exerciseable by police officers under this Act) and the conditions governing the exercise of such powers, and may prescribe uniform to be worn by them, the duties to be performed by them, and the authorities to which they shall be sub-ordinate. Watch and Ward Service._ The Authority may, in its aid and in the aid of its officers, and in the aid of officers of the Road Transport Department, and in the interest of smooth discharge of their power and functions under this Act, or under any rules and regulations made there under, and for such other purposes, as may be prescribed or imposed, by the Government, with the approval of the Government, appoint persons to be known as Road Traffic Watch and Ward in brief WW. Every such person appointed under subsection (1), shall be a part of the Road Transport Department, and shall work under the control of the Authority and the Road Transport Department and shall be persons in the service of the Government, on terms and conditions of service in the Government. Any officer of the Watch and Ward service may exercise such powers and discharge such functions of a police officer or a road transport officer under this Act as provided or as may be prescribed or authorized by the Government or by the Authority. Inserted new
(8)
30 (1)
(2)
(3)
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(4) The Authority may make regulations to regulate the discharge by the Watch and Wards of their functions and in particular and without prejudice to the generality of the forgoing power to prescribe the uniform to be worn by them, the authorities to which they shall be sub-ordinate, the duties to be performed by them, the powers including the powers exerciseable by police officers under this Act to be exercised by them, and the conditions governing the exercise of such powers. Acquisition of financial interest by any authority or officer._ If any officer of the Authority or any road transport officer or any officer of the local body, or any other authority or officer or person, who is assigned the functions of a licensing authority or a registering authority, or a Regional Transport Authority or such other authority or officer under this Act or any rules or regulations made there under, acquires any financial interest, whether as proprietor, employee or otherwise, in any transport undertaking, whether public or private, he shall within a fortnight of so doing, give notice to the Authority of the acquisition of such interest, and shall relinquish the charge of the office of the relevant officer or authority. Proceedings by officers of Authority._ Proceedings in respect of any offence under this Act or any other law or any rules or regulations made under this Act or any such other law, may be conducted by an officer of the Authority or the RTD or the WWS, who is authorised to conduct such proceedings by the Authority with the consent of the Ministry of Law or the Attorney-General. Preservation of secrecy._ Except for the purpose of the performance of his duties, or the exercise of his power and functions, or when lawfully required to do so by any court, or under the provisions of any law in force, no person who is or has been a member, an officer, an employee or an agent of the Authority or a member of a committee of the Authority or an authorised officer shall disclose any information relating to the affairs of the Authority or the RTD or the WWS or of any other person which has been obtained by him in the performance of his duties or in the exercise of his power and functions. Any person who contravenes sub-section Inserted new
31
32 (1)
Inserted new
33 (1)
Inserted new
(2)
2-51
(1) shall be guilty of an offence. 55. Road Transport Advisory Council, etc (1) In order to facilitate a forum of discussion of the problems in the road transport sector and also for the ventilation of grievances of the owners as well as road transport workers, the Government may, by notification in the official Gazette, constitute a Road Transport Advisory Council for the whole of Bangladesh and Road Transport Advisory Committee one for each regions consisting of such number of members as it thinks necessary from the officials, transport owners, transport workers and other 65 experienced persons as [ shall] be specified in the notification. (2) The Council or the Committee so constituted under sub section (1), shall meet at least once in three months unless otherwise directed and submit its recommendations, by the 66 former to the [ * * *] Authority and by the latter to the Transport Committee, as the case may be. (2) 34 (1) Road Transport Advisory Council, etc._ In order to facilitate a forum of discussion of the problems in the road transport sector including safety of road users, or in respect of movement and control of traffic, or demand for public transport service, and also for the ventilation of grievances of the owners, road transport users and workers, the Government may, by notification in the official Gazette, constitute at the national level a Road Transport Advisory Council for the whole of Bangladesh, and Road Transport Advisory Committee, one for each district and metropolitan area, consisting of such number of members as it thinks necessary, from the officials, transport owners, transport workers and other experienced persons or other interests, as may be specified in the notification. The Council or the Committee so constituted under sub-section (1), shall meet at such times and places as may be determined by the Chairman, unless otherwise directed by the Government in the notification issued under sub-section (1), and submit its recommendations, by the former to the Authority, and by the latter to the Regional Transport Authority, having jurisdiction in the area, as the case may be. Modiied Modified
52. Power to the Government to control road transport (1) The Government, having regard to(a) the advantages offered to the public, trade and industry by the development of motor transport, and (b) the desirability of co ordinating road and rail transport, and (c) the desirability of preventing the deterioration of the road system, and (d) the desirability of preventing uneconomic competition among motor vehicles, and after having heard the representatives of the interests 61 affected and having consulted the [ Authority], may by notification in the
35 (1) (a)
Power of the Government to control road transport._ The Government, having regard tothe advantages offered to the public, trade and industry by the development of road transport, and the desirability of co-ordinating road, rail and water transport, or co-ordinating trade or business of providing transport or transport services, and the desirability of preventing the deterioration of the road and road traffic system, and the desirability of preventing uneconomic competition among motor vehicles, and after having heard the representatives of the interests affected and having consulted the Authority, may by notification in the official Gazette, prohibit or restrict throughout Bangladesh, or in any area or on any route within Bangladesh, subject to such conditions as it may think desirable, the conveying of long distance goods traffic generally, or of
(b)
(c)
(d)
(i)
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official Gazette,(i) prohibit or restrict throughout Bangladesh or in any area or on any route within Bangladesh, 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; (ii) fix maximum or minimum fares or freights for stage carriages, contract carriages and public carriers to be applicable throughout Bangladesh or within any area or on any route within Bangladesh; or (iii) disallow the use as transport vehicle, any vehicle or class of vehicle manufactured prior to a particular year. (2) The Government shall permit at such intervals of time as it may fix, the interests affected by any notification issued under sub section (1) to make representations urging the cancellation or variation of the notification on the following grounds, namely:(a) that the railways are not giving reasonable facilities or are taking unfair advantage of the action of the Government under this section; or (b) that conditions have changed since the publication of the notification; or (c) that the special needs of a particular industry or locality require to be considered afresh. (3) If the Government, after considering any representation made to it under sub section (2) and having heard the representatives of the interests affected and the 62[ Authority], is satisfied that any notification issued under sub section prescribe classes of goods by private or public carriers or carrying of goods by passenger vehicle or public service vehicle; (ii) limit the number of permits or public vehicle operators licenses or franchise to be issued for the whole country or for a particular route or area; fix maximum or minimum rates of hire or fares or freights for stage carriages, contract carriages and public carriers or any other public vehicles or taxi cabs, to be applicable throughout Bangladesh or within any area or on any route within Bangladesh(exclusive of those operated under franchise); or disallow the use as public service vehicle or transport vehicle, any vehicle or class of vehicle manufactured prior to a particular year or a vehicle having left hand steering control. The Government shall permit at such intervals of time as it may fix, the interests affected by any notification issued under sub-section (1), to make representations urging the cancellation or variation of the notification. If the Government, after considering any representation made to it under subsection (2), and having heard the representatives of the interests affected, and the Authority, is satisfied that any notification issued under sub-section (1), ought to be cancelled or varied, it may cancel the notification or vary it in such manner as it thinks fit. Any person who contravenes any prohibition or restrictions imposed under sub-section (1) shall be guilty of an offence.
(iii)
(iv)
(2)
(3)
(4)
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(1) ought to be cancelled or varied, it may cancel the notification or vary it in such manner as it thinks fit. 53. Power of Government to issue orders and directions The Government may issue such orders and directions, as it may consider necessary in respect of any matter relating to road transport or on any matter not provided in this Ordinance, to the Authority and the Authority shall give effect to all such orders and directions. 175. Any authority by the Government to exercise modified powers Notwithstanding anything contained in this Ordinance, the Government may, by notification in the official Gazette, authorise any officer to exercise and discharge in lieu of any other authority specified in or under this Ordinance, such power and functions as may, from time to time, be specified in the notification. 36 Power of Government to issue orders and directions._ The Government may issue such orders, directions as it may consider necessary in respect of any matter relating to road transport and traffic not provided in this Act to the Authority, and any other authority under this Act, and the Authority or such other authority shall give effect to all such orders and directions. Any orders or directions issued under subsection (1) shall be placed before the Parliament for approval as soon as possible when it is in session; and the orders or directions not approved by the Parliament shall not be valid without prejudice to the validity of anything previously done there under or to the issuing of new orders or directions. Notwithstanding anything contained in this Act, if it becomes expedient in the interest of public service, the Government may, by notification in the official Gazette, authorize any officer to exercise and discharge in lieu of any other authority or officer specified in or under this Act, such power and functions as may, from time to time, be specified in the notification. Power of the Government to remove or fix the age limit of motor vehicles._ The Government may, in consultation with the Authority, and having regard to the quality of the vehicle, public safety, convenience, interest of public service, trade and industry, affect on the road condition, affect on the density and the movement of traffic and objects of this Ordinance, by notification in the Official Gazette(a) from the date fixed by it, impose restriction on the use or order removal of particular type or class of vehicle from a particular service, road, city or area or from the whole country as it deems expedient; and/or (b) fix from the date of its manufacture, the maximum age limit of a motor vehicle or other vehicle, after the expiry of which the motor vehicle or other vehicle shall be deemed to have Inserted new Modified
(1)
(2)
(3)
37
(1)
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failed to comply with the requirements of this Act and the rules or regulations made thereunder, and is permanently incapable for further use: Provided that the Government may fix different ages for different classes or different types of motor vehicles or other vehicles: Provided further that the certificate of registration and all other documents, entitling the use of such vehicles on the road, shall stand cancelled from the day, following the date fixed under clause (a), or from the day, following the day of expiry of the age limit under clause (b), as the case may be: Provided further that no compliance certificate under section 106, or a certificate of fitness under section 117, shall be granted to any such motor vehicle or to other vehicle under the Act, to be effective after the date fixed, or in contravention of the provisions of any notification issued under this section: Provided further that the Government may, by notification in the Official Gazette, for the purposes such as, display, demonstration, exhibition, use in a selected area or locality, or taking part in a vintage car rally, to be stated in the notification, and subject to such conditions as may be specified in such notification, exempt, by a general or special order, any class or type of motor vehicle or other vehicle from the operation of this section.
(2) Any
person who contravenes any prohibition or restrictions imposed under sub-section (1) shall be guilty of an offence. Inserted new
38 (1)
Power of the Government to grant authorization._ Notwithstanding anything contained in this Act, the Government or the Authority shall have the power to grant authorization on such conditions as it may think fit to any person or body of persons to undertake any function of a road transport office or officer under this Act as it appears to it to be necessary in the interest of public service. The Government may make rules or the Authority may make regulations, for the purpose of sub-section (1), and in particular, but without prejudice to the
(2)
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generality of the foregoing provisions, may make rules or regulations with respect to all or any of the following matters: (a) to prescribe the charges, fees or levy which shall be paid to any person or body of persons authorized under sub-section (1) in respect of services provided; to prescribe the qualifications of persons to be employed by the person or body of persons authorized under sub-section (1) and to regulate their competency; to prescribe the type of records to be kept by the person or body of persons authorized under sub-section (1); to prescribe the type of returns to be submitted by the person or body of persons authorized under sub-section (1), to the Authority or to the Road Transport Department; and to regulate the inspection by the officers of the of the Authority or the Road Transport Department or the WW, premises of the person or body of persons authorized under sub-section (1) and the records kept thereat. The Government or the Authority may, by order published in the Gazette, authorize a person or body of persons authorized under sub-section (1) to demand, collect and retain charges, fees or levy prescribed under sub-section (2) in respect of the services provided by him. An order made under sub-section (3) shall specifythe type of services in respect of which charges, fees or levy may be demanded, collected and retained; and the person authorized to demand, collect and retain the charges, fees or levy. Any person or body of persons authorized to demand, collect and retain the charges, fees or levy shallmaintain such accounts, books and records in respect of the payment and collection of charges, fees or levy as the Authority or the Department may require; furnish to the Authority or the RTD such information, returns and accounts in respect of the payment and collection of charges, fees or levy as the Authority or the RTD may require; and permit the Authority or the RTD or any officer authorized in writing by the Authority or the RTD, to have access to or examine or inspect any document, machinery or equipment maintained or used for the payment or collection of
(b)
(c)
(d)
(e)
(3)
(4) (a)
(b) (5)
(a)
(b)
(c)
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charges, fees or levy. (6) The authorization of any person or body of persons under sub-section (3) shall not render the Government or the Authority liable to any person in respect of any injury, damage or loss occasioned by the failure of the person or body of persons authorized to carry out his obligations under the Act in respect of which charges, fees or levy are demanded, collected and retained. If a person or body of persons authorized under sub-section (1) contravenes or fails to comply with any condition of the authorization or any of the provisions of this section or rules or regulations made thereunder for which no penalty is expressly provided the person or the body of persons shall be guilty of an offence. Notwithstanding that any person has been authorized under this section to undertake any function of a road transport officer, the Government or the Authority, may give directions to the RTD, to perform any of such functions, if it is considered expedient in the interest of public service. The Government or the Authority shall also have the power to grant motor vehicle authorization certificate required under section 90, to any person or body of persons if it considers obligatory in the interest of public service.
(7)
(8)
(9)
(10) The Government or the Authority may revoke any authorization or certificate issued under this section; and unless sooner revoked, an authorization or certificate issued under this section, shall continue in force for such period, as the Government or the Authority may determine. 39 Power of the Government to make transitional provisions.The Government may by rules make such provision, as it considers necessary or expedient for removing any difficulties occasioned or experienced by the coming into force of this Act: Provided that no such rule shall be made after the expiry of a period of three years from the date of commencement of this Act. Inserted new
(1)
(2)
Any rules made under sub-section (1) may have effect from the commencement of this Act or from some later date as the Government may deem appropriate. All rules made under this section shall be placed before the Parliament for approval
(3)
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as soon as possible when it is in session; and the rules not approved by the Parliament shall not be valid without prejudice to the validity of anything previously done there under or to the making of new rules. 40 Power of the Government to suspend certain provisions._ The Government may, if it considers necessary in the interest of public service or development of road transport and traffic system, even if no specific provisions exist in this Act, by notification in the official gazette, either generally or for such period as may be specified in the notification and subject to such conditions as may be stated in the notification suspend, restrict or limit any provisions of this Act, either generally or in respect of particular class or classes or description of vehicles or persons as it may deem fit and proper. 41 Power of the Government and the Authority to exempt._ Notwithstanding anything contained in this Act, or any rules or regulations made thereunder, or in any other law for the time being in force, if deem necessary, in the interest of public service, the Government or the Authority may, by notification in the offcial Gazette, exempt with or without conditions, any person or class of persons or any motor vehicle or type of motor vehicle or any other vehicle, from the operation of all or any of the provisions of this Act or the rules and reguations made there under or from the fees, deposits or levy payable thereunder, either in part or in full, or to reduce such fees, deposits or levy. 42 Protection of action taken under the Act._ Notwithstanding anything contrary contained in this Act or in any other law for the time being in force, no suit or prosecution or other legal proceedings shall lie against the Authority or its Chairman, Deputy Chairman or any of its member or any of the officers or employee of the Authority, or the RTD, or any other authority, or other person acting under the direction of the Authority or the RTD, or any police officer or any public servant, for anything which is done or intended to be done in good faith, in the execution or purported execution, in pursuance of this Act or the rules or the regulations made there under. Inserted new Modified Inserted new
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43 (1) Appeals._ Where an appeal is lodged by any aggrieved person, against any order, decision or action of the Government or the Authority, unless the context otherwise requires, the Minister shall hear and decide the appeal. Where the appeal is lodged against any order, decision or action of any other authority or officer or person under the Act or the rules or regulations made there under, the Authority or any other authority or officer prescribed, or authorized, or designated, or specified in writing, by the Authority, considering the merit of the appeal, shall hear and decide the appeal. Any person aggrieved by an order of the Govern ment or Authority, or any other officer or authority acting under any provision of this Act or under any rules or regulations made there under, may prefer an appeal to the authority specified under sub-section (1) or (2) as appropriate, within such time and in such manner with such fee as may be specified under this Act or prescribed by rules made by the Government or by regulations made by the Authority. The appellate authority prescribed under sub-section (1) or (2) for the purpose of hearing appeals may either on its own motion or on application made to it call for the record of any case in which an order has been made by the Government or by the Authority or others, and may pass such order in relation to the case as it deems fit: Provided that the appellate authority shall before disposing of such appeal or before passing any such order give the appellant and the authority making the order or others a reasonable opportunity of being heard either in person or by pleader as it thinks fit: Provided further that the orders, decisions of the Government or Authority or others shall remain in force pending the disposal of the appeal, unless the appellate authority conditionally or unconditionally, direct otherwise. (5) The appellate authority, after such inquiry, if any, as he may consider necessary, may make such order as he thinks fit including imposing of financial penalty, and any order so made shall be binding on the Government or the Authority, or other authority or officer who made the order and on the appellant. Modified
(2)
(3)
(4)
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176. Effect of appeal and revision on order passed by original authority (1) Where an appeal has been preferred or an application for revision has been made against any order passed by an original authority under this Ordinance, the appeal or the application for revision shall not operate as a stay of the order passed by the original authority and such order shall remain in force pending the disposal of the appeal or the application for revision, as the case may be, unless the prescribed appellate authority or revisional authority otherwise directs. (2) Notwithstanding anything contained in sub section (1), if application made by a person for renewal of permit has been rejected by the original authority and such person has preferred an appeal or made an application for revision under this Ordinance against such rejection, the appellate authority or, as the case may be, the revisional authority may by order direct that the permit shall, notwithstanding the expiration of the term specified therein, continue to be valid until the appeal or the application for revision is disposed of. 45 (1) (a) 44 (1) Effect of appeal and revision on order passed by original authority._ Where an appeal has been preferred or an application for revision has been made against any order passed by an original authority under this Act, the appeal or the application or revision shall not operate as a stay of the order passed by the original authority, and such order shall remain in force, pending the disposal of the appeal or the application for revision, as the case may be, unless the appellate authority or revisional authority otherwise directs. Notwithstanding anything contained in sub-section (1), if application made by a person for renewal of permit or a license, has been refused or rejected by the original authority, and such person has preferred an appeal, or made an application for revision under this Act, against such refusal or rejection, the appellate authority or, as the case may be, the revisional authority may by order direct that the permit or the license shall, notwithstanding the expiration of the term specified therein, continue to be valid until the appeal or the application for revision is disposed of.
(2)
Bar on jurisdiction of Civil Courts._ No Civil Court shall have any jurisdiction to entertain any question relating tothe grant of a license or registration or authorization or permit, franchise or certificate or any other documents under this Act, and no injunction in respect of any action taken or to be taken by the duly constituted authorities under this Act with regard to the grant of aforementioned license or registration or authorization or permit or certificate, shall be entertained by any Civil Court; or any matter under the Act or any rules or regulations made there under, where the appeal lies with the Government or the Authority and unless the matter is decided by the Government or by the Authority. Power to make rules._ The Government may make such rules as it may consider expedient for prescribing anything which may be prescribed under this Chapter, and otherwise for the
Inserted new
(b)
2D. Power to make rules The Government may make rules for the purposes of carrying into effect the provisions of this Chapter.]
46 (1)
Modified
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purpose of carrying into effect or to supplement the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power or provisions and subsection (1), and in particular, such rules may, provide for or with respect to all or any of the following matters, namely:the manner of appointment, conduct and discipline and the terms and conditions of service of the officers and employees of the Authority, the RTD and the WWS; the payment of gratuities, pensions and other benefits to officers and employees of the Authority the RTD and the WWS; the exemption, with or without conditions, of any persons, or classes of persons, or vehicles or classes of vehicles, from the necessity of complying with any of the requirements of this Act. Power to make regulations._ The Authority may, with the approval of the Government, make such regulations as it may consider expedient for prescribing anything which may be prescribed to supplement the provisions of this Act, or for carrying out the purposes and provisions of this Act, and for the purposes of efficient discharge of functions and duties by it, and any authority or authorized officer or person under the Act, and the officers and staff under its employment. Without prejudice to the generality of the foregoing provisions and sub-section (1), and in particular, such regulations may, provide for or with respect to all or any of the following matters: the fees to be charged in respect of anything done or any services rendered by the Authority or by the officers and employees of the Authority, or by the RTD or by the WWS under or by virtue of this Act; the fees in respect of the supply of information maintained by the Authority or by the RTD in relation to its functions; and fees in respect of surveys or searches and/or the sale or copying of any maps, plans or other documents made or maintained by the Authority or by the RTD. the language and script in which any traffic sign, notice, record, application, return or other document shall be written. Inserted new
(a)
(b)
(c)
47 (1)
(2)
(a)
(b)
(c)
(d)
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Contents
CHAPTER III : LICENSING OF DRIVERS OF MOTOR VEHICLES ........................................ 62 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. Requirements of driving license._ .......................................................................................... 62 Learner driving license._........................................................................................................... 62 Age limit for drivers._ ................................................................................................................ 63 Appointment letter for worker._ ............................................................................................. 64 Responsibility of owners and employers._ ............................................................................ 64 Restrictions on holding driving license._ ............................................................................... 65 Grant of driving license._ ......................................................................................................... 66 Classifications of driving license._ .......................................................................................... 69 Examination of applicants._ ..................................................................................................... 71 Addition to driving license._ ..................................................................................................... 73 Extent of validity of driving license._ ..................................................................................... 74 Period of validity of driving license._ ..................................................................................... 75 Mandatory revocation of driving license._ ............................................................................ 78 Power to disqualify, suspend or cancel driving license._ ................................................... 79 Power of Court to disqualify. ................................................................................................ 81 Effect of disqualification or suspension._ .............................................................................. 82 Endorsement of disqualification or punishment._ ............................................................... 83 Appeal against orders refusing or revoking driving licenses._ ......................................... 86 Driving while disqualified, license suspended or revoked._ .............................................. 87 Authority may require re-examination or retest._ .............................................................. 87 Surrender and return of license._ ........................................................................................... 88 Persons disqualified for license._ ............................................................................................ 89 Unfitness to drive. .................................................................................................................. 90 Unlawful use of license._ driving ............................................................................................. 90 Driving by unlicensed person._ ............................................................................................... 90 Driving license to drive motor vehicles of the Armed Forces._ ........................................ 91 Foreign driving license._ ........................................................................................................... 92 No operation under foreign license during suspension or revocation._ ......................... 93 Driving Instructor's Certificate.- ............................................................................................. 93 Driver training school license._ ............................................................................................... 95 Refusal, suspension or revocation of driver training school license._ ............................ 96 Reporting of traffic violation and conviction._ ..................................................................... 97 Professional drivers to attend if required._ .......................................................................... 98 Deprivation of driving license._ ............................................................................................... 98 Power to confiscate a driving license._ .................................................................................. 99 Persons exempted from driving license._ ........................................................................... 100 Power to make regulations._ ................................................................................................. 100
3-i
Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -III
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES 3. (1) Necessity for driving licence.No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to himself authorising him to drive the vehicle; and no person shall so drive a motor vehicle as a paid employee or shall so drive a transport vehicle unless his driving licence specifically entitles him so to do. The [ Authority] may prescribe the conditions subject to which sub-section (1) shall not apply to a person receiving instruction in driving a motor vehicle (3)
18
Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER III : LICENSING OF DRIVERS OF MOTOR VEHICLES 48. (1) Requirements of driving license._ Except as may be otherwise provided by or under this Act, no person shall drive a motor vehicle of any class or description, upon any roads or highways or in any public place, unless such person holds an effective driving license issued to him under the provisions of this Chapter, authorizing him to drive the type or class of motor vehicle being driven. Subject to the provisions of sub-section (1), no person shall so drive a motor vehicle (other than a motor car or an auto rickshaw) as a paid employee or shall so drive any commercial vehicle (other than a rental vehicle or a motor cycle hired for self driving) or any medium or heavy motor vehicle unless he holds an effective professional driving license. The Authority may by regulations prescribe the conditions subject to which sub-section (1) shall not apply to a learner driver or a probationer or a person receiving instruction in driving a motor vehicle. The Government or the Authority may by rules or regulations prescribe terms and conditions for the issue of a driving license to the members of the forces for driving respective service vehicles while on duty. A driving license issued under this Chapter may be used as personal identification card for such purposes as may be prescribed. Any person who contravenes sub-section (1) or (2) shall be guilty of an offence; and any police officer in uniform or any authorized road transport officer or other authorized officer or person may, arrest any such person without warrant. Learner driving license._ No person shall drive any motor vehicle upon any road or in a public place as a probationer or a learner driver or shall receive any instruction in driving unless such person holds an effective learner driving license issued to him under this section. Any person who is eighteen years of age
Remarks Proposed a new law to replace the MVO 1983
Modified
(2)
(2)
138. Driving without licence Whoever drives a motor vehicle or public service vehicle or whoever causes or allows a motor vehicle or public service vehicle to be driven in contravention of the provisions of sub section (1) of section 3 shall be punishable with imprisonment which may extend to four months, or with fine which may extend to five hundred Taka, or with both.]
(4)
(5)
(6)
49. (1)
Inserted new
(2)
3-62
and satisfies all other conditions laid down in this chapter or as may be set forth by rules or regulations made under this chapter may, apply to the licensing authority of the area where he resides, or carries on business, or where he intends to receive instruction in driving a motor vehicle for a learner driving license. (3) The licensing authority may, after the applicant has successfully passed all parts of the examination other than the practical demonstration of driving specified under sub-section (1) of section 56 and paid the fee prescribed may, issue a learner driving license for the type or class of vehicle the application refers in accordance with this Act or any rules or regulations made there under and on such terms and conditions as may be prescribed or as the authority may deem necessary to impose. For the purpose of training, a learner driver shall not drive upon any road or highway a vehicle of the type or class not specified in the learner driving license and unless accompanied either by a certified driving instructor or by a person who has been the holder of at least a driving license of the same class for more than two years and is fit and capable of exercising control over the vehicle and who is occupying a seat beside the driver but does not do so in return for a reward or payment. Sub-section (4) shall not apply in case of a motor cycle learner driver so far it relates to the condition of driving instructor. Unless it is proved that the learner driver has committed the violation against the instruction and in spite of his warning, the driving instructor shall be liable for all violations of the provisions of this Act or any rules and regulations made there under and for all accidents that occur during the instruction. No learner driver or a probationer shall drive a motor vehicle on a route or in an area or at a time other than that specified by the authority issuing the license and at a speed greater than that prescribed. Any person who contravenes sub-sections (1), (4) and (7) shall be guilty of an offence. Age limit for drivers._ Modified
(4)
(5)
(6)
(7)
(8)
4.
Age limit in connection with driving of motor vehicles.(1) No person under the age of eighteen years shall drive a motor vehicle in any public place.
50.
(1) No person, who is under the age of eighteen years, shall drive a motor vehicle upon any roads or highways or in any public place. (2) No person being the holder of a professional or a non-professional driving license, who
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(2) Subject to the provisions of section 15, no person under the age of twenty years shall drive any motor vehicle as a professional driver in any public place. has attained the age of sixty or sixty five years respectively, shall drive any motor vehicle upon any roads or highways or in any public place: Provided that the Authority may, exempt any person otherwise found suitable after a test of health and driving competence, from the provision of this sub-section and grant such person a special driving permit on such terms and conditions as it deems fit, to drive as a non-professional driver, a motor vehicle of the type and class he has been previously driving or a vehicle of lesser class till such person attains the age of seventy five years. (3) Subject to the provisions of sub-section (4) of section 48 or section 73, no person under the age of twenty-one years shall drive any medium or heavy motor vehicle or any passenger vehicle having more than thirty seats excluding the driver upon any roads or highways or in any public place. (4) No driving license or a learner driving license shall be issued to any person unless he is eligible under this section to drive the class of vehicle applied for. (5) Any person who contravenes this section shall be guilty of an offence. 4A. Appointment letter for worker.(1) No owner of a transport vehicle shall employ any worker without giving such worker a letter of appointment in accordance with the provisions of the Road Transport Workers Ordinance, 1961 (XXVIII of 1961). (2) No worker shall work in a transport vehicle unless he holds a letter of appointment issued under sub-section (1). 51. (1) Appointment letter for driver and worker._ No owner or employer of a transport vehicle or any other motor vehicle specified under this Act or prescribed or any other person shall employ any worker without giving such worker a letter of appointment in accordance with the provisions of The Bangladesh Labour Act, 2006 (Act No 42 0f 2006) or of the rules framed in this behalf by the Government. No driver or other worker shall work in a transport vehicle or any other motor vehicle as specified under this Act or as may be prescribed unless he holds a letter of appointment issued to him under subsection (1) and shall not work or permit to work beyond the hours of work fixed under the provisions of this Act or any rules or regulations made there under. Any person who contravenes this section shall be guilty of an offence. Responsibility of owners and employers._ No owner or person in charge of a motor vehicle or any employer shall employ or cause or permit any person who does not satisfy the provisions of section 48 or Modified Modified
(2)
(3) 5. Responsibility of owners of motor vehicles for contraventions of sections 3 and 4 No owner or person in charge of a motor vehicle shall cause or permit any person who does 52.
(1)
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not satisfy the provisions of section 3 or section 4 to drive the vehicle. (2) section 50 or section 51 to drive the vehicle or when such person holds any ineffective or improper or fictitious driving license. No owner or employer shall allow, permit, or authorize a driver to drive a motor vehicle during any period in which the driving license of such driver remains suspended, revoked or cancelled or such driver has been disqualified or unfit to drive. Any person who employs any other person to drive a motor vehicle, shall keep a written record of the name, address, particulars of driving license and a photograph of such other person and shall preserve the record at least for a period of six months after the date when such person ceases to be employed as a driver and shall make the record available to any police officer or a road transport officer or other authorized officer or authority on demand.
(3)
(4)
The driver or the owner or person in charge or any employer of a transport vehicle shall maintain or cause to maintain a log book in the prescribed form in respect of the vehicle under his control and shall keep record of all movements, repairs and maintenance of the vehicle and shall make the record available to any police officer or a road transport officer or other authorized officer or authority on demand.
(5) 6. Restrictions on the holding of driving licences (1) No person shall, while he holds any driving licence for the time being in force, hold any other driving licence except a driving licence issued in accordance with the provisions of section 15, or a document authorising, in accordance with the rules made under section 107, the person specified therein to drive a motor vehicle. (2) No holder of a driving licence shall permit it to be used by any other person. 53. (1)
Any person who contravenes this section shall be guilty of an offence. Restrictions on holding driving license._ No person shall, while he holds any driving license for the time being in force, hold any other driving license except a learner driving license or a driving license issued in accordance with the provisions of subsection (3) of section 48, or of section 73 or of section 74, or a document authorizing, in accordance with the rules made under section 310, the person specified therein to drive a motor vehicle. No holder of a driving license shall permit it to be used by any other person. No person shall use a mutilated or defaced or forged or altered or ineffective or improper driving license. Modified
(2) (3)
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(3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub section (1) of section 7 from granting a professional or a non professional driving licence if the person is found fit for the said driving licence or from adding to the classes of vehicles which the driving licence authorises the holder to drive. (4) Any person who contravenes this section shall be guilty of an offence.
7. (1)
(2)
Grant of driving licence.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 driving licence may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business or in which the school or establishment where he is receiving or has received instruction in driving a motor vehicle is situated or, if the application is for a driving licence to drive as a paid employee, in which the employee resides or carries on business, for the issue to him of a driving licence. Every application under sub section (1) for driving licence to drive a motor vehicle as a professional driver shall be in Form A and every application to drive a motor vehicle as a non professional driver shall be in Form B as set forth in the First Schedule, shall be signed by or bear the thumb impression of the applicant in two places and shall contain the information required by the form. Every application for a driving licence shall be accompanied by a medical certificate in Form C as set forth in the First Schedule, signed by a registered medical practitioner. Every application for a driving licence shall be accompanied by three clear copies of a recent photograph of the applicant.
54. (1)
Grant of driving license._ A driving license may be applied for, granted, renewed, varied, or refused in such manner and in such forms and to such authority, as may be prescribed. The licensing authority shall, before granting a driving license require the applicantto pass to the satisfaction of the licensing authority the test specified herein and any other prescribed test including competency and medical; to comply with any prescribed procedures and requirements; to make a declaration as to his health, eye sight, competence, qualification, disqualification, previous license etc. certified by an authorized officer; to have any prescribed qualification, training, skill and experience; to produce a certificate of his training by a driving instructor and competency by a driving examiner; to pay prescribed fee and/or service charge; to provide proof of identity, nationality, place of residence and age. The licensing authority may, if it is satisfied that the applicant has successfully passed the test specified hereinafter and the prescribed test and is qualified and fit to hold such a license, grant a driving license to the applicant indicating thereon the type of license such as professional or nonprofessional as the case may be, and the type or class of motor vehicle the licensee may drive including the extent of the restriction if imposed. Every driving license shall bear thereon a distinguishing number assigned to the licensee, name, fathers name, date of birth, permanent address, a brief
(2)
(a)
(b) (c)
Modified and included relevant provisions of st the omitted 1 nd (forms), 2 and rd the 3 schedule. The forms to be used for the purposes of this chapter will be developed and made part the Regulations (sub ordinate law).
(d) (e)
(f) (g)
(3)
(3)
(4)
(4)
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(5) If, from the application or from the medical certificate referred to in sub section (3), it appears that the applicant is suffering from any disease or disability specified in the Second Schedule or any other disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorizes by the driving licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the driving licence: Provided that,(a) a driving 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; (7) (b) the applicant may, except where he suffers from a disease or disability specified in the Second Schedule, claim to be subjected to a test of his fitness or ability to drive a motor vehicle of a particular construction or design, and, if he passes such test to the satisfaction of the licensing authority and is not otherwise disqualified, the licensing authority shall grant him a driving licence to drive such motor vehicle as the licensing authority may specify in the driving licence. (6) No driving licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority the test of competence to drive specified in the Third Schedule: Provided that, where the application is for a non professional driving licence to drive a motor cycle or a motor car, the licensing authority shall exempt the applicant from Part I of the test specified in the Third Schedule if the licensing authority is satisfied:description of authorized vehicle class, a photograph, and the signature and thumb impression of the licensee, date of expiry of the license or any other information as may be prescribed or specified. (5) The licensing authority upon issuing a driving license shall have authority whenever good cause appears to impose restrictions suitable to the licensees driving ability with respect to special mechanical control devices required on a motor vehicle which the licensee may drive or such other restrictions applicable to the licensee as the licensing authority may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. The licensing authority may either issue a special restricted license, or may set forth such restrictions upon the usual license form, and upon receiving satisfactory evidence of any violation of the restrictions of such license may, after giving the licensee an opportunity of being heard, suspend or revoke the same. It shall be an offence to issue a driving license or an authorization under subsection (5) of section 55 to a person not eligible for such license or authorization under the Act or any rules or regulations made there under.
(6)
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(a) that the applicant has previously held a driving licence and that the period between the date of expiry of that driving licence and the date of such application does not exceed three years; or hat the applicant holds a valid driving licence issued by a competent authority of any country outside Bangladesh: Provided further that where the applicant, being a serving member of the armed forces of Bangladesh, 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 his application, the licensing authority shall, subject to the prescribed condition, exempt him from the test specified in the Third Schedule and issue to him a driving licence for class or classes of motor vehicles he has been so driving. (7) No applicant shall be entitled to appear in the test of competence to drive unless he holds a valid learners driving licence 68uthorizes68 him to drive the vehicle of the type to which the application refers for not less than three months immediately before the date of the test or holds a valid driving licence issued by a competent authority. The test of competence to drive shall be carried out in a vehicle of the type to which the application refers, and for the purpose of Part I of the test,a person who passes the test in driving a heavy motor vehicle shall be deemed also to have passed the test in driving any medium or light motor vehicle other than a motor cycle, motor cab rickshaw, road roller, tractor, locomotive, scraper, grader, crane or bulldozer;
(b)
(8)
(a)
(b) a person who passes the test in driving a medium motor vehicle
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shall be deemed also to have passed the test in driving a light motor vehicle other than a motor cycle, motor cab rickshaw, road roller, tractor, locomotive, scraper, grader, crane or a bulldozer. (9) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness and of his competence to drive and has paid to the authority a 20 fee of [ one hundred and fifty Taka], the licensing authority shall grant the applicant a driving licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a driving licence: Provided that, a licensing authority may issue a driving licence not being a professional driving licence to drive a motor cycle or motor car notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good reason for the applicants inability to apply to the appropriate licensing authority: Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence issued under this Ordinance, unless it is satisfied that there is good reason for his inability to obtain a duplicate copy of his former driving licence. 55. (1) (a) Classifications of driving license._ The driving licenses shall be issued in the following classificationsClass A- any single or combination of vehicle including articulated having more than sixty seats excluding the driver or more than 3 axles having registered laden weight or train weight in excess of 22000 kilograms; Class B- any single or combination of vehicle including articulated up to sixty seats excluding the driver or not more than Inserted new
(b)
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3 axles having registered laden weight or train weight in excess of 12000 kilograms but not in excess of 22000 kilograms; (c) Class C- any single or combination of vehicle including articulated up to thirty seats excluding the driver or not more than 2 axles having registered laden weight or train weight in excess of 7500 kilograms but not in excess of 12000 kilograms; Class D- any single or combination of vehicle up to fifteen seats excluding the driver or having registered laden weight or train weight not in excess of 7500 kilograms; Class E- any single vehicle up to eight seats excluding the driver or having registered laden weight or unladen weight not in excess of 3500 kilograms; Class M- any motor cycle including side cars; this may be issued as only classification on a license if the applicant is not licensed for any other classification, otherwise this may be endorsed upon a license valid for any other class; and Class T- any three wheel motor vehicle up to eight seats excluding the driver or having registered laden or unladen weight not in excess of 2500 kilograms; this may be issued as only classification on a license if the applicant is not licensed for any other classification, otherwise this may be endorsed upon a license valid for any other class. The licensing authority shall not issue a license in class A, unless the applicant holds a license of immediate lower class i.e. B for at least two years; or in class B, unless the applicant holds a license of immediate lower class i.e. C for at least and have knowledge two years; appropriate to the operation of the vehicle and have passed a practical driving test of the type covered by the license class which the applicant is seeking. A license in any of the classes C, D or E may be issued if the applicant qualify for such a license: Provided that a person granted a license in class C without having at least one year experience in driving a vehicle in classes either D or E, shall remain under probation for at least one year, that is to say, during the said period of one year he shall be authorized to drive the vehicle under the close supervision of a bonafied driver. (4) The holder of a driving license shall be entitled to drive all vehicles in the class for which the license is issued and all lower
(d)
(e)
(f)
(g)
(2)
(3)
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classes of vehicles except under classes M and T and shall not drive any of the vehicle specified under sub-section (5) unless an endorsement to that effect is made in the license by the licensing authority: Provided that no authorization and endorsement of vehicle specified under sub-section (5) shall be made in any license unless the applicant holds a vocational license issued under Chapter IV and is twenty one years of age and has experience in driving a vehicle in the respective class for at least one year and he is recommended for such authorization by the respective RTA. (5) Classified license under sub-section (1) shall not authorize the holder thereof to drive any of the following vehicle unless categorical authorization and endorsements in this regard is made in the license based on the vocational licenseH- authorizes the driver to drive a vehicle transporting hazardous materials; R- authorizes driving double and triple trailers; P- authorizes driving a public service vehicle having more than fifteen seats excluding the driver; N- authorizes driving tank vehicles or tank Lorries. The Authority shall establish such qualifications as it believes reasonably necessary in addition to the qualifications specified in this section for the safe driving and operation of the various types, sizes, or combinations of vehicles and shall determine by appropriate examination whether each applicant is qualified for the license classification or endorsement for which application has been made. Examination of applicants._ The licensing authority or the authorized driving examiners shall examine every applicant for a driving license; such examination shall among others include a test of the applicantsability to read and understand either Bangla or English; ability to distinguish with each eye at a distance of 23 meters or in good daylight (with the aid of glasses, if worn) ordinary registration marks of motor vehicles in white on a black ground of the same size and arrangement as those of the registration mark of a motor car); Inserted new
(a) (b) (c)
(d)
(6)
56. (1)
(a) (b)
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(c) (d) (e) (f) (g) ability readily to distinguish the pigmentary colours red and green; ability to read and understand official traffic-control devices; ability to hear the ordinary sound signals (with the aid of hearing aids, if worn) knowledge of the Rules of the road and safe driving practices; knowledge of drivig regulations under the Act or any rules or regulations made there under. knowledge of any code; authorized highway
(h) (i)
knowledge appropriate to the driving and operation of the vehicle or combination of vehicles, and practical demonstration of ability, to exercise ordinary and reasonable control in the driving of a vehicle or combination of vehicles of the type covered by the license classification or endorsement under section 55 which the applicant is seeking. The examination may also include such further physical and mental examinations as the licensing authority finds necessary to determine the applicants physical and mental conditions and competence to drive a motor vehicle safely upon the highways. The licensing authority may exempt an applicant from the requirement of demonstrating applicants ability to exercise ordinary and reasonable control in the operation of a motor vehicle or from any other test if it determines that the applicant possess a valid driving license or a license that has not expired more than five years back, issued by a competent authority in Bangladesh including the Forces or outside Bangladesh that requires a comparable demonstration or other test for license issuance. The examination and test under this section shall be conducted in the prescribed manner upon payment of prescribed fee by driving examiner(s) nominated or appointed by the Authority. The Authority may prescribe qualifications, skill and experience, procedures and conditions for the nomination or appointment of driving examiners (not being a road transport officer) and for the revocation and cancellation of such nomination or appointment. The forms, for the flexibility of
(2)
(3)
(4)
(5)
8. Form and contents of driving licence.-
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(1) Every professional driving licence except a driving licence, issued under section 15, shall be in Form D and every non professional driving licence, except a driving licence issued under section 15, shall be in Form E as set forth in the First Schedule and that every driving licence shall have affixed thereto a signature or thumb impression of the applicant and a photograph referred to in sub section (4) of section 7. (2) [ Authority may by The regulations] made under section 22 lay down the procedures for the granting of professional and non professional driving licence.
21
modification and development, have been taken out of the mother law. The forms to be used for the purposes of this chapter will be developed and made part the Regulations (sub ordinate law). The procedures for granting and renewal, addition and alteration will be, for the purpose of flexibility and moderinization, made part of the Regulations (Subordiante law which can be changed by the Authority in concurrence with the Government) 57. (1) Addition to driving license._ The holder of a driving license under this Chapter, who is not for the time being disqualified for holding or obtaining a driving license, or whose driving license has not been suspended or cancelled and who satisfies other conditions specified herein this chapter or under any rules or regulations made under this chapter may, apply for the addition or endorsement of another class or category of motor vehicle to his driving license. An application to include another class or category of motor vehicle to a driving license shall be made, granted, or refused only in accordance with the regulations. The licensing authority may, before making any addition or endorsement to a driving license, require the applicant to comply with any prescribe procedures and requirements, to pay required fee, to have appropriate qualifications, to undergo any appropriate training and to pass any appropriate test; and Modified
9. (1)
Addition to driving licence.Any person holding a driving licence issued under this Chapter who is not for the time being disqualified for holding or obtaining a driving licence may apply in Form F' 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 driving licence to drive as a paid employee, in which the employer resides or carries on business, for the addition of another class of motor vehicle to the driving licence. The provisions of section 7, except sub sections (3) and (4) thereof, shall apply to an application under this section as if the application were for the grant of a driving licence under that section to drive the class of
(2)
(3)
(2 )
(a)
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motor vehicle which the applicant desires to be added to his driving licence. (3) No fee other than a fee for the test of competence to drive and a fee equal to half of the fee provided under sub section (9) of section 7 shall be charged for an addition to a driving licence under this section. Extent of validity of driving licence.22 Subject to any [ regulations made by the Authority] under sub section (3), a driving licence issued under the foregoing sections shall be effective throughout Bangladesh. Subject, in the case of international driving permits issued in pursuance of the International Convention relating to motor traffic concluded at Paris on the 24th day of April, 1926, or of any Convention modifying the 23 same, to any [ regulations made by the Authority] under section 107, a driving licence to drive a motor vehicle issued by a competent authority shall be valid throughout Bangladesh as if it were a driving licence issued under this Ordinance: Provided that, such holder of driving licence is not disqualified under any of the provisions of this Ordinance for holding or obtaining a driving licence in Bangladesh. (1) [ Authority The regulations] made section 22,24
(b)
to satisfy it that the applicant has held the driving license for the period prescribed, had undergone the necessary training and attained the age and experience specified herein this chapter or prescribed by regulations made under this chapter.
10. (1)
58. (1)
Extent of validity of driving license._ Subject to any regulations made under sub-section (2), a driving license issued under this chapter not being a learner driving license issued under section 49 or a restricted license issued under subsection (5) or (6) of section 54 shall be effective throughout Bangladesh. The Authority may, by regulations made under section 84provide that an authorization and endorsement under sub-section (4) of 55 entitling the holder of a driving license to drive a vehicle specified therein shall be made in the driving license by the licensing authority only under the authority of the RTA appointed under section 125 or the Authority; regulate the submission of applications for such driving licenses to the RTA, or to it; require as a condition of its validity in Bangladesh that a foreign driving license entitling the holder to drive a public service vehicle shall be countersigned by a prescribed authority in Bangladesh.
Modified
(2)
(2) (a)
(b) (c)
may by under
(a)
provide that a specification entitling the holder of a driving licence to drive a transport vehicle shall be made in the driving licence only by or under the authority of the Transport Committee constituted under Chapter V, (b) regulate the submission of applications for such driving 25 licences to the [ said Committee], or
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(c) require as a condition of its validity in Bangladesh that a driving licence entitling the holder to drive a transport vehicle shall be countersigned by a prescribed authority in Bangladesh. Currency of driving licences.A driving licence issued or renewed under this Ordinance, shall, subject to the provisions contained in this Ordinance as to the cancellation of driving licences and disqualification of holders of driving licences for holding or obtaining driving licences, be effective without renewal for a period of twelve months only from the date of issue of the driving licences or, as the case may be, from the date with effect from which the driving licences are renewed under section 12, and the driving licences shall he deemed to continue to be effective for a period of fifteen days after the date of its expiry: Provided that if the licensing authority has reasons to believe that the applicant has been employed abroad or has signed a contract for employment abroad, it may renew a professional driving licence for a period not exceeding three years at a time on payment of the fees specified under subsection (4) of section 12 for each such year: Provided further that where the applicant so desires, a non professional driving licence may be renewed for a period of three years at a time on payment of fees provided under sub section (4) of section 12 for each such year subject to the condition that, on becoming unfit to drive by virtue of disease of disability, the holder shall surrender the driving licence within fifteen days, to the licensing authority within whose jurisdiction he resides or, to the licensing authority which issued it. 59. (1) Period of validity of driving license._ A driving license issued or renewed under this Act, shall, subject to the provisions contained in this Act or the rules or regulations made there under as to the suspension or cancellation of driving license and disqualification of holders of driving licenses be effectivein case of a non-professional driving license for ten years from the date of issue or renewal or replacement; and in case of a professional driving license for five years from the date of issue or renewal or replacement. to be specified in the license by the authority issuing or renewing the license. (2) On becoming unfit to drive by virtue of any disease or disability, and on attaining the highest limit of age for holding a driving license, the holder shall in accordance to the procedure laid down in this chapter or under the rules or regulations made, surrender the driving license to the licensing authority which issued it or to such other authority as may be prescribed. If the licensing authority has reasons to believe that the applicant has been employed abroad or has signed a contract for employment abroad, it may issue or renew a professional driving license for a period not exceeding ten years at a time on payment of requisite fee. A driving license may be issued or renewed for a shorter period than that provided in sub-section (1) in the case of a restricted license issued under sub-section (5) or (6) of section 54 or on ground of health, age or if the holder of the license is likely to attain the age of highest limit specified in this Act or prescribed under the rules or regulations for holding a driving license before the expiry of the full period. A driving license granted or renewed under this Act or under the rules or regulations made shall cease to be effective thirty days after the date of expiry Modified
11.
(a)
(b)
(3)
(4)
(5)
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of the license unless renewed or replaced or as soon as the holder of the license attains the age of highest limit specified in this Act or prescribed under the rules or regulations for holding a driving license. (6) A driving license (not being a learner driving license) may before or within one month of expiry be replaced or renewed on the application of the holder thereof in the prescribed manner till the holder attains his seventy-fifth year of age in the case of a non-professional and sixtieth year of age in the case of a professional driving license respectively, on payment of requisite fee and satisfactory completion of such examination and test of health, eye sight and competence and on such conditions as may be prescribed. If the application for renewal or replacement of driving license is not made within five years of the date of expiry the licensing authority may before renewing or replacing the license, require the holder thereof to give a test of health or eye sight and a demonstration of his ability to drive unless it is satisfied that at some time during this period the holder of the license has held a driving license issued to him by the appropriate authority in any country authorizing him to drive a motor vehicle of the class he would be authorized to drive by the license applied for. A learner driving license or a probationer driving license issued under this Act, shall, subject to the provisions contained in this Act or the rules or regulations made there under as to the cancellation and disqualification of the holder thereof be effective for one year and shall not be renewable. Any person who contravenes sub-section (2) shall be guilty of an offence. The procedures for granting and renewal, addition and alteration will be, for the purpose of flexibility and moderinization, made part of the Regulations (Subordiante law which can be changed by the Authority in concurrence with the Government)
(7)
(8)
(9) 12. Renewal of driving licences.(1) Any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this Ordinance with effect from the date of its expiry: Provided that, in any case where the application for the renewal of a driving licence is made more than fifteen days after the date of expiry, the driving licence shall be renewed with effect from the date of its renewal:
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Provided further that every application for the renewal of professional licence shall be accompanied by a fresh medical certificate in Form C' as set forth in the First Schedule signed by a registered medical practitioner and the provisions of sub section (5) of section 7 shall apply to every such case. (2) Every professional driving licence holder shall undergo and pass the test as set forth in the Third Schedule, on the expiry of every three years from the date of issue of the driving licence or, at the time of third whichever occurs renewal, earlier, and if he fails to pass the specified test, his driving licence shall be deemed to have been revoked. Such holder of driving licence shall, however, be entitled to appear in the test once after every three months till he passes the test, on payment of fee for each such test of competence to drive. An application for the renewal of a driving licence shall be made in Form G' as set forth in the First Schedule and shall contain the declaration required by that form: Provided that, where the applicant does not or is unable to subscribe to the said declaration the provisions of sub section (5) of section 7 shall apply. Where an application for the renewal of a driving licence is made previous to, or not more than fifteen days after the date of its expiry, the fee payable for 26 such renewal shall be [ one hundred Taka] for each twelve months from the date of expiry. Where an application for the renewal of a driving licence is made more than fifteen days after the date of its expiry, the fee payable for such renewal 27 shall be [ one hundred Taka] for each twelve months from the date of expiry:
(3)
(4)
(5)
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Provided that the fee referred to in sub section (4) may be the licensing authority, if it is satisfied that the applicant was prevented by good cause from applying within the time specified in that sub section: Provided further that if the application is made more than three years after the driving licence has ceased to be effective, the licensing authority may refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of competence to drive as set forth in the Third Schedule. (6) When the authority renewing the driving licence is not the authority which issued the driving licence, it shall intimate the fact of renewal to the authority which issued the driving licence. Revocation of driving licence on grounds of disease or disability.Notwithstanding anything contained in the foregoing sections, any licensing authority or any other prescribed authority may at any time revoke a driving licence, or may require, as a condition of continuing to hold such driving licence, the holder thereof to furnish a fresh medical certificate in Form C' as set forth in the First Schedule, signed as required by sub section (3) of section 7, if the licensing authority has reasonable grounds to believe that holder of the driving licence is, by virtue of any disease or disability, unfit to drive a motor vehicle; and where the authority revoking the driving licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that driving licence 60. Mandatory revocation of driving license._ Modified
13.
The licensing authority shall, after giving the holder an opportunity of being heard, revoke the license of a driver upon conviction by a court for committing any of the following offences(a) (b) (c) (d) (e) homicide by vehicle under section 255; causing the death of another person by driving of a motor vehicle; reckless driving or racing under section 253 or 254; fleeing or attempting to elude a police officer under section 256; driving when mentally or physically unfit to drive as prohibited by or under this Act; driving or being in actual physical control of a motor vehicle while under the influence of alcohol or any drink or drug or intoxicating beverages as prohibited by or under this Act or by any other law for the time being in force; felony of any cognizable offence in the commission of which a motor vehicle is used; failure to stop, render aid, or identify the driver as required by section 278 in the event of a motor vehicle accident resulting in the death or personal injury of another;
(f)
(g)
(h)
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(i) perjury or the making of a false affidavit or statement under oath to any authority or officer acting under this Act or under any other law relating to the ownership or operation of motor vehicles; an offence punishable under this Act with imprisonment for more than six months or with penalty thirty units or more; or the unlawful use of a license as prohibited by section 70. Power to disqualify, suspend or cancel driving license._ If the Authority or any licensing authority or any other prescribed authority is satisfied after giving him an opportunity of being heard that any holder of driving licenseis a habitual criminal or a habitual drunkard, or has at the time of test, alcohol in his breath, blood or urine exceeding the prescribed limit in contravention of section 258; or is using or has used a motor vehicle in the commission of a cognizable offence, or for immoral purposes or for willful obstruction of traffic; or has by his previous conduct or habits as driver of a motor vehicle establishes that his driving is likely to be attended with danger to the public or vehicle or traffic, or has been convicted with such frequency of serious offences against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons or vehicle or traffic on the roads or highways; is a habitually reckless, dangerous or negligent driver of a motor vehicle, such fact being established by the demerit point system in sub-section (3) or by a record of accidents, or by other evidence was not entitled to the issuance or renewal of the license or is not competent to drive the authorized vehicle, or has committed an offence for which mandatory revocation of license is required upon conviction, or which is punishable with imprisonment for six months or more or with penalty thirty units or more; or has incurred prescribed demerit points within prescribed period by committing demerit point offence specified in The Schedule or prescribed under the rules or regulations made; suffers from a disease or disability likely to Modified; the relevant provisions of th the 5 schedule have been included under the sec tion and th the 5 schedule has been omitted from the mother law.
(j)
(k) 16. Power of licensing authority to disqualify for holding a driving licence.If a licensing authority is satisfied after giving him an opportunity of being heard that any personis a habitual criminal or a habitual drunkard, or is using or has used a motor vehicle in the commission of a cognizable offence, or 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, or has committed an offence specified in the Fifth Schedule, it may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period for holding or obtaining a driving licence. (2) Upon the issue of any such order, a person affected, if he is the holder of a driving licence, shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall61. (1)
(1)
(a) (b)
(a)
(b)
(c)
(c)
(d)
(d)
(e)
(f)
(g)
(h)
(a) if the driving licence is a driving licence issued under this Ordinance keep it until the disqualification has expired or has been removed, or (b) if it is not a driving licence issued under this ordinance endorse the disqualification upon it and
(i)
(j)
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send it to the licensing authority by which it was issued. (3) Any person aggrieved by an order made by a licensing authority under this section may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may make such inquiry into the matter as it thinks fit. An order made by any such appellate authority shall be final. (k) (l) cause the driving by him of a vehicle to be a source of danger to the public; or is disqualified by a court from holding or obtaining a driving license, or has failed to give the required or correct information in the application for grant or renewal of the license or has obtained a driving license by fraud or by misrepresentation or other dishonest means; or has violated driver's written promise to appear given to an officer upon the issuance of a traffic citation or has failed to appear in a court at the time specified by the court; it may, upon a showing by its records or other sufficient evidence, for reasons to be recorded in writing, make an order disqualifying that person for a specified period for holding or obtaining a driving license or may suspend the license for a specified period or may cancel it. (2) Any RTA appointed under 125 of the Act or any other prescribed authority 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 driving license to drive any transport vehicle or a transport vehicle of particular description in Bangladesh. For the purpose of identifying habitually reckless, dangerous or negligent drivers and habitual or frequent violators of traffic regulations governing the movement of vehicles, the Authority shall adopt regulations establishing a uniform system assigning demerit points for convictions of violations under this Act or under any other Act adopted by local authorities regulating the operation of motor vehicles; the regulations shall include a designated level of point accumulation which so identifies drivers. Upon the issue of any such order under sub-section (1) or (2), a person affected, if he is the holder of a driving license, shall forthwith surrender his driving license to the authority making the order, if the driving license has not already been surrendered, which shall take action as provided under sub-section (3) of section 68. Any person who fails to surrender his driving license to the authority making the order as required under sub-section (4). Any person aggrieved by an order made by the Authority or any licensing authority
(m)
(3)
(4)
(5)
(6)
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or other prescribed authority under this section may, prefer an appeal as provided under sub-section (2) of section 65 and the provisions of sub-sections (3) and (4) of the said section shall there upon apply. 17. Power of Transport Committee to disqualify.(1) Any Transport Committee constituted under Chapter V 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 driving licence to drive any transport vehicle or a transport vehicle of particular description in Bangladesh. Any person aggrieved by an order of a Transport Committee 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 62. (1) Power of Court to disqualify. Without prejudice to the provisions of this Act relating to mandatory disqualification, where a person is convicted of an offence committed under sections 279, 338A or 304B of the BPC or of an offence punishable under section 255 or under any other section of this Act or of an offence in the commission of which a motor vehicle or any other vehicle was used, the Court by which such person is convicted may, subject to the provisions of this section and the schedule, in addition to imposing any other punishment by law, declare the person so convicted to be disqualified, for holding any driving license or for holding a driving license to drive a particular class or description of vehicle, for such period as the court may think fit, which may extend to life time if the conviction is for causing death or grievous injury or any other injury to any person or damage to any property. A Court shall order the disqualification of an offender, convicted for an offence committed under the Act which is punishable with imprisonment for six months or more and penalty thirty units or more, and such disqualification shall be for a period of not less than three months and may extend to life time. Modified Transferred and modified
(2)
18. Power of Court to disqualify.(1) Where a person is convicted of an offence under this Ordinance or of an offence in the commission of which a motor vehicle was used, the Court by which such person is convicted, may, subject to the provisions of this section, in addition to imposing any other punishment authorised by law, declare the person so convicted to be disqualified, for such period as the Court may specify, for holding any driving licence or for holding a driving licence to drive a particular class or description of vehicle. (2) A Court shall order the disqualification of an offender, convicted of an offence punishable under section 143, and such disqualification shall be for a period of not less than one year. (3) A Court shall order the disqualification of an offender, convicted of an offence against the provisions of clause (c) of sub
(2)
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section (1) of section 102 or of section 104, and such disqualification shall be for a period of not less than six months. (4) A Court shall, unless for special reasons to be recorded in writing it thinks fit to order otherwise, order the disqualification of an offender(a) who having been convicted of an offence punishable under section 143 is again convicted of an offence punishable under that section; (b) who is convicted of an offence punishable under section 148, or (c) who is convicted of an offence punishable under section 152: Provided that, the period of disqualification shall not exceed, in the cases referred to in clauses (a) and (b), two years or, in the case referred to in clause (c), one year. (5) A Court ordering the disqualification of an offender convicted of an offence punishable under section 143 may direct that the offender shall, whether he has previously passed the test of competence 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. The Court to which an appeal lies from any conviction of an offence of the nature specified in sub section (1) may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from any Court, may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made. Effect of disqualification 63. Effect of disqualification or Modified (3) A Court ordering the disqualification of an offender under sub-section (1) or (2) may, impose any one or more of the following requirementsre-examination by the licensing authority; a physical or mental examination by a selected physician; or attendance at, and satisfactory completion of a driver improvement course approved by the Authority or by the licensing authority. The Court to which an appeal lies from any conviction of an offence of the nature specified in sub-section (1) and (2) may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals, ordinarily lie from any Court, may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made.
(a) (b) (c)
(4)
(6)
19.
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order.(1) A person of whom any disqualification order is made shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving licence and the driving licence, if any, held by such person at the date of the order shall cease to be effective during such period. 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. 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, either 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 entertained before the expiry of a further period of three months. 20. Endorsement.(1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the driving licence, if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of 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. 64. (1) (1) suspension._ A person of whom any disqualification order is made or whose driving license is suspended shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving license and the driving license, if any, held by such person at the date of the order shall cease to be effective during such period. The operation of a disqualification order made under section 61 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. 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 other authority, as the case may be, may having regard to all the circumstances, either remove or vary the order of disqualification: Provided that where an application has been made under this section a second application there under shall not be entertained before the expiry of a further period of six months. (4) It shall be an offence for a person to drive a motor vehicle in contravention of subsection (1), or if he is disqualified or his license is suspended or cancelled under any other provisions of the Act; and if any person causes or allows or permit such a person to drive a motor vehicle, he shall also be guilty of an offence.
(2)
(2)
(3)
(3)
Endorsement of disqualification or punishment._ The Court or any other authority making an order of punishment, disqualification or suspension shall in the prescribed manner, endorse or cause to be endorsed in the record or upon the driving license, if any, held by the person punished or disqualified, particulars of the order of punishment or disqualification or suspension and of any conviction of 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 63 shall be similarly so
Modified
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endorsed. (2) A Court by which any person is convicted of an offence specified in parts A and B of the Fifth Schedule shall, whether or not an order of disqualification is made in respect of such conviction, endorse or cause to be endorsed, particulars of such conviction, on any driving licence held by the person convicted. Any person accused of an offence specified in the Fifth Schedule shall, when attending the Court, bring with him his driving licence if it is in his possession. (2) A Court by which any person is convicted of an offence punishable with imprisonment and/or with penalty units thirty or more shall, whether or not an order of disqualification is made in respect of such conviction, endorse or cause to be endorsed, particulars of such conviction in the record or on any driving license held by the person convicted. Any person accused of an offence shall when attending the Court or a trying officer, bring with him his driving license if it is in his possession. Any person who fails to produce his driving license for endorsement under this section shall be guilty of an offence. An endorsement on any driving license by the Court or any other authority shall be made, transferred to any new or duplicate driving license in accordance to such procedure as may be prescribed. The procedures endorsement and communication of information will be, for the purpose of flexibility and moderinization, made part of the Regulations (Subordiante law which can be changed by the Authority in concurrence with the Government)
(3)
(3)
(4)
(5)
21. Transfer of endorsement and issue of driving licence free from endorsement.(1) An endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement. (2) Where a driving licence is required to be endorsed and the driving licence is at the time not in the possession of the Court or authority by which the endorsement is to be made then(a) if the person in respect of whom the endorsement is to be made is at the time the holder of a driving licence, he shall produce the driving licence to the Court or authority within five days, or such longer time as the Court or authority may fix, or (b) if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he shall within five days after obtaining the driving licence produce it to the Court or authority; and if the driving licence is not produced within the time specified it shall on
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the expiration of such time be of no effect until it is produced for the purpose of endorsement. (3) A person whose driving licence has been endorsed shall, if during a continuous period of three years since the last endorsement was made no further order of endorsement has been made against him, be entitled on surrendering his driving licence 28 and on payment of a fee of [ thirty five Taka] to receive a new driving licence free from all endorsements. If the endorsement was only in respect of exceeding a speed limit, he shall be entitled to have a clean driving licence issued on the expiration of one year from the date of the order: Provided that in reckoning the said period of three years and one year, respectively, any period during which the said person was disqualified for holding or obtaining a driving licence shall be excluded. (4) When a driving licence is endorsed by or an order of endorsement is made by any Court, the Court shall send particulars of the endorsement or order, as the case may be, to the licensing authority by which the driving licence was last renewed and to the licensing authority which granted the driving licence. (5) Where the holder of a driving licence is disqualified by the order of any Court for holding or obtaining a driving licence, the Court shall take possession of the driving licence and forward it to the licensing authority by which it was granted or last renewed and that authority shall keep the driving 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
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Court shall endorse the driving licence to this effect and shall send a copy of the order of disqualification to the licensing authority by which the driving licence was granted and shall return the driving licence to the holder. (6) Where, on an appeal against any conviction or order of a Court which has been endorsed on a driving licence, the appellate Court varies or sets aside the conviction or order, the appellate Court shall inform the licensing authority by which the driving licence was last renewed and the licensing authority which granted the driving licence, and shall amend or cause to be amended the endorsement of such conviction or order. 14. Orders refusing or revoking driving licences and appeals therefrom.(1) Where a licensing authority refuses to issue or renew or revokes any driving licence, or refuses to add a class of motor vehicle to any driving licence, or refuses to make a specification or countersignature such as is referred to in sub section (3) of section 10, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by an order made under sub section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority making the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority making the order. (3) The order of a licensing authority shall, unless the appellate authority, conditionally or unconditionally, direct otherwise, be in force pending the disposal 65. (1) Appeal against orders refusing or revoking driving licenses._ Where a licensing authority or any other authority refuses to issue or renew or suspends or revokes any driving license, or refuses to make an endorsement under sub-section (5) of section 55 or a specification or countersignature such as is referred to in sub-section (2) of section 58, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal, rejection or suspension or revocation. Any person aggrieved by an order made under sub-section (1), after giving a notice of his intention, so to do to the authority which issued the order may, within thirty days of the service on him of the order, appeal to the appropriate appellate authority specified under section 43 which shall decide the appeal. The order of a licensing authority or the other authority shall, unless the appellate authority, conditionally or unconditionally, direct otherwise, be in force pending the disposal of an appeal under sub-section (2). The decision of the appellate authority shall be binding upon the authority making the order and the appellant. Modified
(2)
(3)
(4)
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of an appeal under sub section (2). 141. Offences relating to licence (1) Whoever, being disqualified under this Ordinance for holding or obtaining a driving licence, drives a motor vehicle in a public place or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsements made on a driving licence previously held by him or, being disqualified under this Ordinance for holding or obtaining a driving licence uses in Bangladesh a driving licence such as is referred to in sub section (2) of section 10, shall be punishable with imprisonment for a term 126 which may extend to [ three months], or with fine which may 127 extend to [ five hundred] Taka, or with both, and any driving licence so obtained by him shall be of no effect. 66. (1) Driving while disqualified, license suspended or revoked._ Any person who drives a motor vehicle or a motor vehicle of that class or description, on any road or highway at a time when he is disqualified or when such person's driving license is suspended or revoked or cancelled shall be guilty of an offence. Whoever, being disqualified under this Act for holding or obtaining a driving license or from driving a particular class or description of vehicle, applies for or obtains a driving license or, not being entitled to have a driving license issued to him free of endorsement, applies for or obtains a driving license without disclosing the endorsements made on a driving license previously held by him or, being disqualified under this Act for holding or obtaining a driving license, uses in Bangladesh a driving license such as is referred to in section 58, shall be guilty of an offence and any driving license so obtained by him shall be of no effect. Whoever alters a driving license or drives a motor vehicle with an altered or improper or ineffective license shall be guilty of an offence. Authority may require re-examination or retest._ Notwithstanding anything contained in this Act, the Authority or any licensing authority, or any other prescribed authority having good cause to believe that a licensed driver or an applicant to be licensed is incompetent or otherwise not qualified to be licensed, may require such driver or the applicant to submit to such examination(s) or test(s) as the Authority or the authority may deem fit, to find out if the driver or the applicant is unfit to drive the motor vehicle or the class of motor vehicles for which he holds or may hold a driving license. A person may be required under subsection (1) to undergo a test of health or competence or any other appropriate test, to be carried out by a person or persons prescribed or specified by the Authority. Upon the conclusion of such examination, the Authority or the authority shall take action as may be appropriate and may suspend or revoke the license of such person or permit such person to retain Inserted new Modified
(2)
(3)
67. (1)
(2)
(3)
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such license, or may refuse to issue a license or issue a license subject to restrictions as the Authority or the licensing authority may determine to be appropriate as to the type or class of vehicles to be driven, to assure safe driving of a motor vehicle by the licensee or the applicant.
(4)
Refusal or neglect or failure of the licensee or the applicant to submit to such examination or test shall be ground for suspension or revocation of such person's license or rejection of such person's application, besides any penalty not exceeding ten units, as it may think proper to impose for such refusal or negligence. The Authority shall re-examine any person when requested to do so by a court; and upon the conclusion of such examination, the Authority may take any of the actions described in sub-section (3) and shall report its findings and action to the court if such report is requested. Surrender and return of license._ Any authority upon cancelling, suspending or revoking a license or disqualifying a license holder, shall require that such license be surrendered to it and returned to the licensing authority. Any person who is disqualified or whose license has been cancelled, suspended or revoked shall immediately return the license to the authority making the order. The authority to which a driving license is returned under sub-section (2), shallif it is the authority which issued, the driving license keep it until the period of disqualification or suspension has expired or has been removed; or if it is not the authority which issued the driving license intimate the fact of disqualification or suspension or cancellation to the licensing authority by which it was issued and forward the same to that authority. A police officer or other authorized officer who in the course of duty encounters any cancelled, suspended, or revoked or forged drivers license shall seize and return such license to the licensing authority immediately. Any person who finds a lost driving license must return it to the office of the Authority or the licensing authority. Inserted new consolidating the existing provisions
(5)
68. (1)
(2)
(3)
(a)
(b)
(4)
(5)
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(6) 69. (1) Any person who contravenes sub-section (2) shall be guilty of an offence. Persons disqualified for driving license._ The Licensing authority shall neither issue nor renew the driving license of any personwho fails to comply with the age requirements specified under section 50; whose license is currently under suspension or revocation by any authority under this Act; who is for the time being disqualified for holding or obtaining a driving license; who is a habitual user of alcohol or any drink or any drug to a degree rendering such person incapable of safely driving a motor vehicle; who is required by this Chapter to take an examination or test, unless such person shall have successfully passed such examination or test; when the licensing authority has good cause to believe that such person by reason of physical or mental or other disability or disease or condition would not be able to drive a motor vehicle with safety; who is not able to read either Bangla or English and not able to sign his name; who is suffering from any prescribed disease or disability which is likely to render the person unfit to drive a motor vehicle or any other disease or disability which is likely to cause the driving of a motor vehicle by such person to be a source of danger to the public or to the passengers or to other vehicle or traffic: Provided that the Government may, by notification in the official Gazette, keep in abeyance the application of clause (g) either generally or in the case of particular class or classes of persons until such time it considers necessary: (2) A person prohibited by this section from driving a motor vehicle or a motor vehicle of any class shall, be deemed to be disqualified from holding or obtaining any license, other than a license to drive such motor vehicles, if any, as he is not by this section forbidden to drive. A person who drives or causes or permits any person under his control to drive a motor vehicle in contravention of this section shall be guilty of an offence. Modified
(a) (b)
(c) (d)
(e)
(f)
(g) (h)
(3)
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70. (1) Unfitness to drive. No person shall drive or attempt to drive a vehicle when he is in such a state that he cannot be deemed fit to drive safely. No person shall in any case drive a motor vehicle with unlawful blood alcohol level or when under the influence of alcohol or of any other intoxicating or narcotic drug or substance. Any person who contravenes sub-sections (1) and (2) shall be guilty of an offence. Any police officer not below the rank of Sub-Inspector of Police or Sergeant or other authorized officer may require the driver of a vehicle to undergo a test of health or exhalation if he has reason to believe that such driver has violated the provisions of sub-section (1) and/or (2). Unlawful use of license._ Inserted new Inserted new
(2)
(3) (4)
71.
It is an offence for any person(a) to drive a motor vehicle or display or cause or permit to be displayed or have in such person's possession any cancelled, revoked, suspended, fictitious or fraudulently altered driving license; to lend such person's driving license or permit the use thereof by another; to display (manual surrender of the license into the hands of the demanding officer) or represent as one's own any driving license not issued to such person; to fail or refuse to display or surrender to the authority upon lawful demand any driving license which is forged, altered or has been suspended, revoked or cancelled; to use a false or fictitious name in any application for a driving license or to make a false statement or to conceal a material fact or otherwise commit a fraud in any such application; to permit any unlawful use of a driving license issued to such person. Driving by unlicensed person._ No person shall drive a motor vehicle upon any road or highwayif he is not licensed for the type or class of vehicles being driven or to be driven; or in violation of any of the provisions of this chapter; or with fictitious or fraudulently altered driving license. Inserted new
(b) (c)
(d)
(e)
(f) 72. (1) (a) (b) (c)
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(2) No person shall authorize or permit or allow any person, a motor vehicle owned by such person or under such person's controlto drive the vehicle upon any road or highway who is not authorized hereunder or who is not licensed for the type or class of vehicles to be driven or in violation of any of the provisions of this chapter; to drive the motor vehicle with fictitious or fraudulently altered driving license. No person shall cause or permit such person's child or ward under the age of 18 years or a minor to drive a motor vehicle upon any road or highway when such child or ward or minor is not authorized hereunder or in violation of any of the provision of this chapter. Any person who contravenes this section shall be guilty of an offence. Driving license to drive motor vehicles of the Armed Forces._ Any officer authorized in this behalf by the Chief of staff of the respective Armed Force may grant driving licenses to be known as military driving license, valid throughout Bangladesh, to persons who have completed their eighteen years of age, and found fit and qualified to hold such a license to drive motor vehicles which are the property of the Armed Forces or, for the time being under the exclusive control of the Armed Forces and are used solely for the purposes of the Armed Forces unconnected with any commercial enterprises. A driving license issued under this section shall specify the class or classes of motor vehicle which the holder is entitled to drive and the period for which he is so entitled. A driving license issued under this section shall not entitle the holder thereof to drive any motor vehicle except a motor vehicle which is the property or for the time being under the exclusive control of the Armed Forces and shall no more be valid after the holder has ceased to be a member of the Armed Forces : Provided that nothing in this section shall debar a person from applying for a driving license under section 54 and from grant of exemption of test under sub-section (3) of section 56; and such person shall be entitled to a driving license for the class or description of vehicle he has been authorized to drive on payment of prescribed fee. Modified; the relevant provisions of th the 4 schedule have been included under the sec tion and th the 4 schedule has been omitted from the mother law.
(a)
(b) (3)
(4) 15. Driving licences to drive motor vehicles, the property of the Defence Services.(1) The authority specified in Part A of the Fourth Schedule may grant driving licences valid throughout Bangladesh, to persons who have completed their eighteen years of age, to drive motor vehicles which are the property of the Defence Services or, for the time being under the exclusive control of the Defence Services and are used solely for the purposes of the Defence Services unconnected with any commercial enterprises. (2) A driving licence issued under this section shall specify the class or classes of motor vehicle which the holder is entitled to drive and the period for which he is so entitled. (3) A driving licence issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle which is the property or for the time being under the exclusive control of the Defence Services. (4) The authority issuing any driving licence under this section shall furnish such information respecting any person to whom a driving licence is issued as the Government may at any time require. (2) 73. (1)
(3)
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(4) The authority issuing any driving license under this section shall furnish such information respecting any person to whom a driving license is issued as the Government or the Authority may at any time require. Foreign driving license._ A valid international driving permit issued as prescribed in the 1949 Geneva Convention or 1968 Vienna Convention on road traffic or any convention modifying the same or a driving license issued by an appropriate authority in any country which is a party to a treaty (either bi-lateral or multi-lateral) to which Bangladesh is also a party and which purports to recognize domestic driving licenses issued by the contracting country or countries shall, so long as such license remains in force in that country, be deemed to be a driving license granted under this Act and be valid in Bangladesh for the duration of their effectiveness: Provided that such holder of driving license is not disqualified under any of the provisions of this Act for holding or obtaining a driving license in Bangladesh. (2) The holder of a foreign driving license before its use in Bangladesh shall present and register the license with the licensing authority of the area where he permanently resides, excepting the tourists and transits that may under imperative circumstances use the license before submission, provided the license is registered the day following the arrival in Bangladesh. Where the holder of an international driving permit or foreign driving license is disqualified or driving by him is considered a source of danger to the public or other road users, the licensing authority shall make an endorsement in the license to the effect that the permit or the license is not valid in Bangladesh. The international driving permit as prescribed in the 1949 Geneva Convention or 1968 Vienna Convention on road traffic or any convention modifying the same, to the Bangladesh nationals or foreigners residing in Bangladesh may be issued and renewed by the Authority or by such other authority or organisation in accordance to the rules or regulations made in this behalf either by the Government or by the Authority on payment of such fees as may be prescribed. Inserted new
74. (1)
(3)
(4)
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(5) 75. (1) Any person who contravenes sub-section (2) shall be guilty of an offence. No operation under foreign license during suspension or revocation._ No person whose driving license issued under this Act has been suspended or revoked shall drive a motor vehicle under any license or permit issued by any other competent authority outside Bangladesh during such suspension or after such revocation until the suspension is withdrawn or a new license or permit is obtained under this chapter. Any person who contravenes sub-section (1) shall be guilty of an offence. Driving Instructor's Certificate.No person shall in return for a reward or payment, instruct or supervise another person in the driving of a motor vehicle on a road or in a premise or shall act as a driving instructor in any driver training school unless such person holds a valid driving instructor's certificate issued to him by the Authority or other prescribed authority. The Authority may prescribe or specify conditions subject to which the provisions of sub-section (1) shall not apply to an organization or to a prescribed person who teaches driving to relations or fan and friend but not on payment or for any reward. The Authority or any prescribed authority may on the application of the holder of a driving license who is not less than twenty one years of age and has experience in driving the vehicle for at least two years, issue to him a driving instructor's certificate, if it is satisfied that the applicant is otherwise qualified to hold such a certificate, to give instruction in driving the class of vehicle for which he holds the driving license. The Authority or any prescribed authority shall before issuing a driving instructor's certificate, require the applicantto pass to its satisfaction any appropriate test to determine the competence of such applicant to act as an instructor of drivers or learner drivers and to determine the physical and mental fitness of such applicant; to comply with any prescribed procedures and requirements; to have any prescribed qualification, Inserted new
(2) 76.
(1)
(2)
(3)
(4)
(a)
(b) (c)
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experience and training other than that specified herein in this chapter; and (d) (5) to pay any prescribed fee. The Authority or any prescribed authority may grant a driving instructor's certificate with or without conditions or refuse to grant such a certificate and the person to whom the certificate is granted shall comply with the conditions, if any. The Authority or any prescribed authority may at any time vary or revoke any of the existing conditions or impose new conditions or additional conditions to a driving instructor's certificate. A driving instructor's certificate may be applied for granted, renewed or varied or refused or suspended or cancelled in accordance with the regulations made in this behalf. Every driving instructor's certificate and the application for such certificate or for its renewal or for its variation shall be in such form and submitted in such manner with such fees as may be prescribed. If the Authority or any prescribed authority refuses to issue or renew or vary a driving instructor's certificate or suspends or cancels any such certificate it shall do so in writing stating the reasons thereof: Provided that no such certificate shall be suspended or cancelled unless the holder of the certificate is given an opportunity to submit his explanation. (10) A driving instructor's certificate may be revoked or suspended or canceled if the Authority or any prescribed authority is satisfied that it has been obtained improperly contrary to the provisions of this section or any rules made there under or if the holder of the certificate is no longer a fit and proper person to continue as a driving instructor by reason of his age, conduct or physical disability or if the holder contravenes any provisions of this section or any rules made there under or it is in the public interest to do so. A driving instructor shall cease to give instruction to any person in driving a motor vehicle from the day the order of revocation, suspension, or cancellation becomes effective and shall immediately surrender his driving instructor certificate to the authority concerned. A driving instructor if aggrieved may appeal against an order of refusal, revocation, or suspension to the appropriate authority specified under
(6)
(7)
(8)
(9)
(11)
(12)
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section 43 in the prescribed manner on payment of prescribed fees, if any. (13) A driving instructors certificate issued under this section shall be valid till the validity of the driving license of the holder thereof and if the driving license of the holder of a driving instructor's certificate is suspended or cancelled, the driving instructor's certificate of that person shall automatically cease to have any effect, similarly when any driving instructor's certificate of a holder is suspended or cancelled, the driving license of that person shall also be deemed to have been suspended or cancelled, as the case may be. (14) The Authority shall adopt regulations necessary to carry out the provisions of this section: such regulations shall state the requirements for a driving instructor's license, including requirements concerning manner and form of application, moral character, reputation, physical condition, knowledge of the courses of instruction, method of instruction, driving test of advanced standards, technical knowledge of automobiles, elementary physics, traffic laws, and safety principles and practices, driving record, driving ability, previous personal and employment record, supervision and inspection of performances of driving instructor, suspension and cancellation of instructors certificate by authorized or prescribed officers or persons and such other matters as the Authority may prescribe for the protection of the public and the learner driver. (15) Any person who contravenes sub-section (1) and a driving instructor who fails to comply with any of the conditions of his instructors certificate shall be guilty of an offence. 77. (1) Driver training school license._ No person shall establish or operate or carry on the business of a driver training school unless he has obtained a license to do so from the Authority or other prescribed authority and holds an effective license and an effective trade license under the law relating to trading activities: Provided that no such trade license shall be required for a driver training school to be established by the Government or any of the statutory or corporate body. (2) If any person himself carry on, engages, or employs other persons or agents to give Inserted new; consolidated existing provisions as well.
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instruction to persons in the driving of a motor vehicle shall construe a business of a driver training school. (3) The Authority or other prescribed authority may grant a driver training school license, with, without conditions or may refuse to grant or revoke, suspend, or cancel such license for reasons to be intimated in writing. The Authority shall formulate regulations necessary to carry out the provisions of this section; such regulations shall state the requirements for a school license, including requirements concerning manner and form of application, validity of license, location, place of business, facilities, records, equipment, courses and standards of instruction, instructors, previous records of the school and instructors, financial statements, security in the form of cash or bank guarantee, schedule of fees and charges, character and reputation of the operators and instructors, vehicle equipment and condition, inspection during reasonable business hours, insurance or bonds in such sum and with such provisions as the Authority or other prescribed authority deems necessary, suspension or cancellation of school license, reports and returns to be submitted by school, and such other matters as the Authority may prescribe for the protection of the public and the learner driver. (5) The Authority may if satisfied; that the business of driver training school has been or is being carried out in an improper and unsatisfactory manner, and/or in violation of the conditions of the license and/or the licensee committed an offence punishable under this Act, forfeit the whole or part of the security money deposited with it. A driver training school license issued under this section shall be valid for such period and may be renewed for such period on payment of such fees and in accordance to such procedure as may be prescribed. Any person who contravenes sub-section (1) or any regulations adopted under this section by the Authority, or fails to comply with any conditions of a driver training school license issued under this section, shall be guilty of an offence. Refusal, suspension or revocation of driver training school license._ The Authority or the licensing authority or Inserted new; consolidated existing provisions as
(4)
(6)
(7)
78. (1)
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other prescribed authority may refuse to issue or renew, or may suspend or revoke a driver training school license issued under section 77 in any case where it finds the applicant or licensee has violated or failed to comply with any of the conditions or provisions of this chapter or the regulations adopted by the Authority. well.
(2)
Upon suspending, revoking, or refusing to issue or renew a driver training school license, the authority shall immediately notify the applicant or licensee stating the reasons for such action and affording reasonable opportunity for a hearing; no such suspension or revocation shall become effective until the licensee has been given a reasonable opportunity for a hearing and upon conclusion of such hearing, the Authority or other prescribed authority shall take such action as may be appropriate. On revocation or suspension of a driver training school license, if it is satisfied the Authority or other prescribed authority may after giving an opportunity for a hearing and on conclusion forfeit the whole or part of the security or cash deposit or impose such penalty as it deems proper but not exceeding five thousand units as specified under sub-section (3) of section 353. A suspended or revoked driver training school license shall be returned immediately to the Authority by the licensee. Any person aggrieved by an order of refusal, suspension or revocation of driver training school license or forfeiture of any security or cash or imposition of any penalty may, prefer an appeal as provided under sub-section (2) of section 65 and the provisions of sub-sections (3) and (4) of the said section shall there upon apply. Any person who violates any of the provisions of this section or any regulations adopted under this section by the Authority shall be guilty of an offence. Reporting change of address, traffic violation and conviction._ The holder of a driving license shall notify in the prescribed manner, any change of his address recorded in the driving license to the licensing authority which granted and last renewed the driving license and his employer, if any. Any driver holding a driving license under this Act, who is charged for violating any law relating to motor vehicle traffic control Inserted new
(3)
(4)
(5)
(6)
79. (1)
(2)
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other than parking violations or convicted for any offence committed under the Act, shall notify in writing the licensing authority and the employer, of such violation or conviction, in a manner prescribed, within fourteen days of the date of such violation or conviction. (3) Any driver, whose driving license is suspended, revoked or cancelled or who is disqualified for holding or obtaining a driving license by any competent authority or any court for any period, such driver shall notify to such driver's employer of that fact before the end of the business day following the day the driver received the notice of that fact. Any person who contravenes this section shall be guilty of an offence. Professional drivers to attend._ Every professional driver shall, if so required in writing, attend at the office of the Authority or the licensing authority or other authorized officer and, if so required, shall permit test of his health, impressions of his fingers to be taken and produce his driving license, appointment letter and other documents or identification card. Any person who fails, without reasonable cause, to comply with the requirements of this section shall be guilty of an offence. Deprivation of driving license._ Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, any police officer of or above the rank of Superintendent of Police or the Deputy Police Commissioner or any officer of the Authority or the RTD or any road transport officer not below the rank of Assistant Director or equivalent having jurisdiction over the area or other officers or persons specially empowered in this behalf, by the Government or by the Authority may deprive any person from holding the driving license for a period which may extend to three months, who, in his presence or view, commits any or the misdemeanors in traffic as mentioned hereunderdriving against red light; or overtaking just before or on the pedestrian crossing or where overtaking is prohibited; or driving on to a main or arterial road without stopping and exceeding the speed limit indicated on the road; or Transferred section 164 and modified as underlined Inserted new
(4) 80. (1)
(2)
164. Deprivation of driving licence (1) Notwithstanding anything to the contrary contained in this Ordinance or any other law for the time being in force, any police officer of or above the rank of Superintendent of Police 173 or Deputy Commissioner [ or an officer of the Authority not below the rank of Assistant Director having jurisdiction over the area] specially 174 empowered in this behalf by the [ Authority], or any other person 175 empowered in this behalf by the [ Authority], may deprive any person from holding the driving licence for a period which may extend to three months, who, in his presence or view, commits any or the misdemeanours in traffic as mentioned hereunder(a) driving against red light; or(b) overtaking just before or on the pedestrian crossing or where overtaking is prohibited; or
81. (1)
(a) (b)
(c)
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(c) driving on to a main road without stopping and exceeding the speed limit indicated on the road; or (d) not giving way to other vehicle intentionally; or (e) driving in opposite direction on one way road; or (f) any other matter as may be prescribed. (2) Any officer acting under sub section (1) shall seize any driving licence held by such driver and shall give to the person surrendering the driving licence an acknowledgement therefor, specifying the period of deprivation and the nature of offence thereof and the name of the licensing authority to whom report shall be made on the expiry of the said period for getting back the driving licence. (3) The authority making the order under sub section (1) shall endorse the period of deprivation and reasons thereof in the driving licence and shall forward it to the licensing authority having jurisdiction over the area or the licensing authority who issued it or last renewed it. (4) The licensing authority, on receipt of the driving licence, shall enter the endorsement in the record and keep the licence until the period of deprivation expires and thereafter shall return the licence to the holder in exchange of the acknowledgement given under sub section (2). (5) If, at the time of committing the offence, the driving licence is not in the possession of the person committing the offence, the authority acting under sub-section (1) may take or cause to be taken any steps he may consider proper for the disposal of the case. (h) (2) (d) (e) (f) (g) failure to yield or stop at a give way or stop sign; or not giving way intentionally; or to other vehicle
driving in opposite direction on one way road; or neglect or refuse to stop the vehicle or make it proceed in or keep it to a particular line of traffic when directed to do so by any authorized officer or person in the execution of his duty; or any other matter as may be prescribed. Any officer acting under sub-section (1) shall seize any driving license held by such driver and shall give to the person surrendering the driving license acknowledgement thereof, specifying the period of deprivation and the nature of offence thereof and the name of the licensing authority to whom report shall be made on the expiry of the said period for getting back the driving license. The authority making the order under subsection (1) shall endorse the period of deprivation and reasons thereof in the driving license and shall forward it to the licensing authority having jurisdiction over the area or the licensing authority who issued it or in whose record the license is at the time of committing the offence. The licensing authority, on receipt of the driving license, shall enter the endorsement in the record and keep the license until the period of deprivation expires and thereafter shall return the license to the holder in exchange of the acknowledgement given under sub-section (2). If, at the time of committing the offence, the driving license is not in the possession of the person committing the offence, the authority, acting under sub-section (1) may take or cause to be taken any steps he may consider proper for the disposal of the case. Any person aggrieved by an order made under sub-section (1), may appeal in the manner provided in sub-section (2) of section 65; the provisions of sub-sections (3) and (4) of the said section shall there upon apply. Power to confiscate a driving license._ For the purposes of sections 60, 61, 64(1), 65, 67, 68 and 70 any authorized police officer not below the rank of SubInserted new
(3)
(4)
(5)
(6)
82.
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Inspector of Police or Sergeant or any officer of the Authority or the RTD or the WWS, of or above the rank of Inspector of Motor Vehicles or any authorized officer may temporarily confiscate a driving license or an international driving permit: Provided that such license shall forthwith be submitted together with the report of the officer concerned to the licensing authority which issued the license or endorsed the international driving license or permit. 83. Persons exempted from driving license._ Person(s) driving all or any of the following vehicles shall not require driving license(a) any agricultural vehicle or tractor for off road operation, but if such agricultural vehicle or tractor requires occasional plying on roads (not mere crossing), provision of this clause shall not apply; or any invalid carriage; or any motor vehicle which is not capable of being driven at a speed greater than 12.0 kilometers per hour or if the engine capacity of the vehicle is not more than twenty-five cubic centimeter. Power to make regulations._ The Authority may make regulations for the purpose of carrying into effect or to supplement the provisions of this Chapter. Without prejudice to the generality of the foregoing power, such regulations may provide for the appointment, jurisdiction, control and functions of licensing authorities, driving test examiners and other officers as may be necessary for carrying out the purposes and provisions of this chapter and their supervisory authorities and other prescribed authorities and the manner of discharge of functions by them; the procedure for tender and out sourcing of driving license and driving test related functions; licensing and certification of persons for driving license and driving test related functions; regulating the licensing and registration of persons for testing driving competency, their qualifications and competency and employment and issue of test certificate thereof; the issue and renewal of driving licenses manually or electronically and the fees to be charged for the issue and the renewal Modified Modified
(b) (c)
22.
Power to make [ regulations (1) The [ Authority may make regulations] for the purpose of carrying into effect the provisions of this Chapter. Without prejudice to the generality of the foregoing 31 power, [ such regulations] may provide for(a) the appointment, jurisdiction, control and functions of licensing authorities and their supervisory authorities and other prescribed authorities; (b) the minimum qualification and the conduct of persons to whom driving licences to drive transport vehicles;
30
29
84. (1)
(2)
(2)
(a)
(b)
(c)
(d)
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(c) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no fee so fixed shall exceed fifteen Taka; (d) the issue of duplicate driving licences to replace driving licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the issue of temporary driving licences to persons receiving instruction in driving or to persons whose driving licences have been surrendered, and the fees to be charged therefore; (e) the conditions subject to which any Transport Committee or any other prescribed authority may disqualify a person for holding a driving licence or to drive a transport vehicle; (f) the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges and uniform; (g) the medical examination and testing of applicants for driving licences and drivers and the fees to be charged therefore; (h) the refund of fees paid under the or replacement or computerization, lamination of driving licenses, or for an addition to a driving license, or for the authorization under the provisions of this Chapter and for recording the change of address, and the manner of payment thereof; (e) (f) the classes of motor vehicles and trailers for licensing purposes; the requirements including educational qualifications to be complied with before a driving license may be granted, varied or renewed or replaced or laminated or computerized and the information and evidence to accompany the applications; the conditions on which a driving license may be granted, varied or renewed; licensing of drivers of motor vehicles intending to make temporary stay in Bangladesh; the nature of competency tests and the conduct of such tests, the period of submission for a competency test and after failing to pass the test; conversion from a professional to a nonprofessional driving license or vice versa; the taking of photographs for inclusion in the driving license documents; the period for which a driving license may remain in force and the probationary period of a driver; the forms to be used for the purposes of this Chapter and the contents of driving licenses; records and registers to be maintained in relation to driver and driving licenses and for such other matters as may be required under this chapter; keeping of demerit points register manually or electronically to record against a driving license holder any demerit points that are incurred by him; the minimum qualification and the conduct of persons to drive transport vehicles; 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; the grounds on which and the authority by which a driving license may be cancelled, suspended or varied and the procedures to be followed in the cases of issue, renewal, lamination, replacement, suspension and cancellation of license, the endorsement of disqualification or punishments in the licenses and the recording of changed address in the
(g) (h)
(i)
(j) (k) (l)
(m)
(n)
(o)
(p) (q)
(r)
3-101
provisions of this Chapter, the exemption of prescribed persons, or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter; (i) the granting by registered medical practitioners of the certificates referred to in sub section (3) of section 7 ; (j) the communication of particulars of driving licences granted by one licensing authority to other licensing authorities; (k) the control of schools or establishments for the instructions of drivers of motor vehicles (including the registration of such schools or establishments) 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; (l) the exemptions of drivers of road rollers from all or any of the provisions of this 32 Chapter or of the [ regulations] made there under; and (m)any other matter which is to be or may be prescribed. license and the surrender of license; (s) (t) the qualification and training of driver and the nature of test of competence; the issue of duplicate driving licenses in place of driving licenses lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the issue of learner driving licenses or temporary driving licenses to persons receiving instruction in driving or to persons whose driving licenses have been surrendered or seized, and the fees to be charged therefore and the manner of payment; the conditions subject to which any licensing authority or the Authority or any RTA or any other prescribed authority may disqualify a person for holding a driving license or to drive a vehicle of particular description or particular class or classes and the communication of particulars by the authorities; the badges and uniform to be worn by drivers of public service vehicles or transport vehicles and the fees to be paid in respect of such badges and uniform; the medical examination and testing of applicants for driving licenses and the drivers to undergo such tests and the fees to be charged there for and the manner of payment thereof and the evidence of the result of such tests; the diseases or disabilities which shall not entitle a person to claim for a test as to his fitness and ability to drive; the refund of fees paid under the provisions of this Chapter, the exemption of prescribed persons, or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter; the exemption of person or classes of persons from the requirements to obtain a driving license and from the test of health or the test of competence or other appropriate test;
(u)
(v)
(w)
(x)
(y)
(z)
(aa) the communication of particulars of driving licenses granted by one licensing authority to other licensing authorities in the country or outside the country; (bb) the control of schools or establishment for the instructions of drivers of motor vehicles (including the registration or licensing of such schools or establishments) and the acceptance of driving certificates issued by such schools or establishments as qualifying the holder for exemption from the driving competency test or a part
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thereof; (cc) regulating the activities of driver training schools and the manner in which such schools may conduct their business; (dd) the issue and renewal of driving instructor and driving examiner certificate, the fees to be charged and the forms to be used for such licenses and registration of approved driving instructors and driving examiners and the manner of discharge of functions by them including the fees to be charged and the facilities to be provided; (ee) the type of motor vehicles which may be used for driving instructions and driving tests and the conditions that must be complied for the use of such vehicles; (ff) the conduct of driving instructors when giving driving instructions and the conduct of driving examiners when conducting driving tests;
(gg) the maximum age of driving instructors and driving examiners beyond which they may not be allowed to work as such instructor or examiner; (hh) the form of records to be kept by driving instructors, driving examiners and the driver training schools and the particulars to be entered therein; (ii) (jj) the person submitting for a test to provide motor vehicle for the purpose; and any other matter which is to be or may be prescribed.
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DRAFT PROPOSED ROAD TRANSPORT & TRAFFIC ACT, 2011
Contents
CHAPTER IV: LICENSING OF WORKERS .................................................................................. 104 85. 86. 87. 88. 89. 90. Vocational license for public service vehicle workers._ ............................................... 104 Grant of vocational license._ ............................................................................................. 104 Vocational license for workers of other vehicles._ ........................................................ 106 Appeal against orders refusing or revoking vocational license._ ............................... 107 Power of the Court to disqualify.- ..................................................................................... 108 Power to make regulations._ ............................................................................................. 108
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -IV
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGE OR CONTRACT CARRIAGE 23. Necessity for conductors license (1) No person shall act as a conductor of a stage carriage or contract carriage unless he holds an effective conductor's license issued to him authorising him to act as such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage or contract carriage. [ Authority] may (2) The prescribe conditions subject to which sub section (1) shall not apply to a driver of a stage carriage or a contract carriage performing the functions of a conductor or to a person employed to act as a conductor on probation with a conductor's license for a period not exceeding one month.
33
Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of
CHAPTER IV: LICENSING OF WORKERS
85. (1)
(2)
(3)
(4)
Vocational license for public service vehicle workers._ No person shall drive or act as a conductor or other worker of a stage carriage bus or any other public service vehicle on a road or in a public place, unless he holds an effective vocational license, granted under this section, and unless the respective Regional Transport Authority authorize him in this behalf to act as such a driver or conductor or other worker. No owner, employer or any other person shall employ or permit any person, who is not so licensed, to drive or act as a conductor or other worker of any such vehicle, driven on a road, or while it is being used for the carriage of passengers for hire or reward on a road, unless exempted by or under this Act. The Authority may prescribe conditions, subject to which sub-section (1) shall not apply, to a driver of a public service vehicle, performing the functions of a conductor or other worker, or to a person employed to act as a conductor or other worker on probation, with a vocational license, for a period not exceeding one month. Any person, who contravenes sub-section (1) or (2) or any person who drives or acts as a conductor or other worker of a public service vehicle with an improper or ineffective vocational license, or in contravention of any condition of such license, or when the vocational license of such a person is suspended or cancelled or if he is disqualified to hold such a license, shall be guilty of an offence.
Modified
24. Grant of conductors license (1) Any person who is not disqualified under section 25 and who is not for the time being disqualified for holding or obtaining a conductor's license may apply to the licensing authority having jurisdiction in the area, in which he ordinarily
86. Grant of vocational license._ (1) A licensing authority may, on an application made to it in the prescribed manner, by a person who is over the age of 18 years and complies with the prescribed requirements and qualifications, and who is not for the time being disqualified, for holding or obtaining a vocaional license, and who is not
Modified
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resides or carries on business, for the issuance to him of a conductor's license. (2) Every application under sub section (1) shall be in such form as may be prescribed and be signed by, or bear the thumb impression of, the applicant in two places and shall contain the information required by the form. (3) Every application for a conductor's license shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall also be accompanied by three clear copies of recent photograph of the applicant. (4) A conductor's license issued under this Chapter shall be in such form and contain such particulars as may be prescribed. (5) The fee for conductor's license and for the renewal thereof shall be one-half of that for a driving license. (6) No licensing authority shall issue a conductor's license to the applicant if he previously held a conductor's license issued under this Ordinance unless it is satisfied that there are good reasons for his inability to obtain a duplicate copy of his former conductor's license. suffering from any disease or disability, likely to render him unfit to perform the duties of a driver or a conductor of a public service vehicles or other worker of such vehicles, on payment of the prescribed fee and subject to such conditions or the rules or regulations as may be prescribed, grant vocational licenses and may in the prescribed manner and conditions renew any such licenses. A licensing authority, shall not grant a vocational license unless he is satisfied that the applicant for the license is of the minimum age and qualification, as specified in this Act or prescribed for that class of public service vehicle, and fulfils such other conditions as specified in this Act or as may be prescribed. The licensing authority shall, before granting a vocational license require the applicant to pass to the satisfaction of the licensing authority any appropriate test and to undergo any appropriate training. A vocational license to drive a public service vehicle may be limited to such type or types or class of vehicle as may be specified in the license. Any vocational license or badge granted to any person, authorizing such person, to drive a public service vehicle, or to act as a conductor of a public service vehicle or to act as other worker of such a vehicle, under any law repealed by this Act, and in force on the appointed day, shall be deemed to have been granted under this Act, and may be renewed, replaced or revoked under the appropriate provisions of this Act. A vocational license may at any time be suspended or revoked, or such a license holder may be disqualified, by the Authority, the licensing authority or by such other officer or authority or person as may be prescribed, upon the ground that, by reason of his conduct or physical disability, or other conditions prescribed, the holder is not a fit and proper person to hold such a license. The provisions of section 51, 52, 53, 58, 59, 60, 61, 63, 64, 66, 68, 71, 72, 74, 75, 79, 80 and 82 shall apply to a vocational license or the holder of such license, as they apply to a professional driving license or the holder of such driving license except those provisions which by their very nature can have no application. Incorporated in section 85 Del
(2)
(3)
(4)
(5)
(6)
(7)
25. Disqualification for the grant of conductors license (1) No person under the age of eighteen years shall hold, or be
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granted, a conductor's license. (2) The licensing authority may refuse to grant a conductor's license(a) if the applicant does not possess the requisite qualifications; (b) if his knowledge of the provisions 34 of the Ordinance and of the [ regulations] and of the duties and powers of a conductor there under is inadequate to enable him to perform the duties of a conductor; (c) if the medical certificate produced by the applicant discloses that he is unfit to act as a conductor; (d) if any previous conductor's license or driving license held by the applicant was revoked; and (e) if the character or physique or conduct of the applicant is such as to render him an unsuitable person to hold a conductor's license. 26. Revocation of a conductors license on ground of diseases or disability or misconduct (1) A conductor's license may at any time be revoked by any licensing authority or any Transport Committee constituted under Chapter V or any other prescribed authority:(a) if the authority has reasonable grounds to believe that the holder of the conductor's license is suffering from any disease or disability which is likely to render him unfit to hold such conductor's license. (b) if the character or conduct of the person is such as to render him an unsuitable person to hold a conductor's license. (2) Where the authority revoking a conductor's license is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that conductor's license. 87. Vocational license for workers of other vehicles._ The provisions of this Chapter shall apply to the workers of such goods vehicles or private service vehicles as the Authority may by regulations prescribe, as they apply to public service vehicles; and for that purpose references in this Chapter to "public service vehicles" shall be construed as references to the said goods Inserted new Del
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vehicles or private service vehicles and there shall also be disregarded the words "for the carriage of passengers for hire or reward" appearing in respect of a public service vehicles. 27. Order refusing, etc, conductors license and appeals therefrom (1) Where a licensing authority or other authority refuses to issue or renew, or revokes any conductor's license, it shall do so by an order communicated to the applicant or the holder of conductor's license, as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by an order made under sub section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority making the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority making the order. 88. Appeal against orders refusing or revoking vocational license._ Where the licensing authority refuses to grant a vocational license, or where Authority or the licensing authority or other authority or officer or person suspends or revokes a vocational license, or disqualify a license holder, he shall do so in writing, and the aggrieved applicant or the license holder, as the case may be, may after giving a notice of his intention, so to do to the authority which issued the order may, within thirty days of the service on him of the order, appeal in the manner stipulated under section 65 to the appropriate appellate authority specified under section 45 which shall decide the appeal: Provided that orders made by the aforesaid authority or officer shall remain in force pending the disposal of the appeal unless the appellate authority conditionally or unconditionally otherwise directs: Provided further that the decision of the appellate authority shall be binding upon the authority making the order and the appellant. 28. Power of licensing authority and Transport Committee to disqualify (1) If any licensing authority or any Transport Committee constituted under Chapter V or any other prescribed authority is of opinion that it is necessary to disqualify the holder of a conductor's license for holding or obtaining such a conductor's license on account of his conduct as a conductor, it may, for reasons to be recorded in writing, make an order disqualifying that person for a specified period for holding or obtaining a conductor's license. (2) Upon the issue of any such order the holder of the conductor's license shall forthwith surrender the license to the authority making the order, if the conductor's license has not already been surrendered, and the authority shall keep the conductor's license until the disqualification has expired or has been removed. (3) Where the authority disqualifying the holder of a conductor's license To be deleted Provisions incorporated in other sections Modified
4-107
under this section is not the authority which issued the conductor's license, it shall intimate the fact of such disqualification to the authority which issued the same. (4) Any person aggrieved by an order made under sub section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority making the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority making the order. 29. Power of the Court to disqualify (1) Where any person holding a conductor's license is convicted of an offence under this Ordinance, the Court by which such person is convicted may, in addition to imposing any other punishment authorised by law, declare the person so convicted to be disqualified for such period, as the Court may specify, for holding a conductor's license. (2) The Court, to which an appeal lies from any conviction of an offence of the nature specified in sub section (1), may set aside or vary any order of disqualification made by the Court below, 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. 30. Certain provisions of Chapter II to apply to conductors license The provisions of sub section (2) of section 6, sub section (1) of section 10, section 11, section 12 except sub section (2), section 19, sub section (1) of section 20 and section 21 shall, so far as may be, apply in relation to a conductor's license, as they apply in relation to a professional driving license 31. Power to make [ regulations 36 (1) The [ Authority may make regulations] for the purpose of carrying into effect the provisions of this Chapter. (2) Without generality of the foregoing 37 power, such [ regulations] may provide for,(a) the appointment, jurisdiction,
35
89. Power of the Court to disqualify.(1) Where, any person holding a vocational license is convicted of an offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment authorised by law, declare the person so convicted, to be disqualified for such period as the Court may specify, for holding a vocational license. (2) The Court, to whom an appeal lies from any conviction of an offence, of the nature specified in sub-section (1), may set aside or vary any order of disqualification made by the Court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.
Modified
90. Power to make regulations._ (1) The Authority may make regulations for the purpose of carrying into effect or to supplement the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power such regulations may provide for: (a) the appointment, jurisdiction, control and functions of licensing authorities and their supervisory authorities and other prescribed authorities, examiners and
Modified
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control and functions of licensing authorities and their supervisory authorities and other prescribed authorities; (b) the conditions subject to which drivers of stage carriages or contract carriages and persons temporarily employed (on probation) may be exempted from the provisions of this Chapter; (c) the form of application for vocational license or for renewal of such vocational licenses and the particulars it may contain; (d) the forms in which vocational license may be issued or renewed and the particulars it may contain; (e) the minimum qualification of conductors, their duties and the conduct of persons to whom vocational license are issued; (f) the issue of duplicate vocational license to replace licenses lost, destroyed or mutilated, the replacement of photograph which have become obsolete and the fees to be charged therefore; (g) 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; (h) the badges and uniform to be worn by conductors of stage carriages or contract carriages and the fees to be paid in respect of such uniforms and badges; (i) the granting by registered medical practitioners of the certificate referred to sub section (3) of section 24 and the form of such certificates; (j) the communication of particulars of vocational license from one authority to other authorities; and (k) any other matter which is to be or may be prescribed. other officers as may be necessary for carrying out the purposes and provisions of this chapter and the manner of discharge of functions by them; (b) the conditions subject to which drivers of a public service vehicle and persons temporarily employed (on probation) may be exempted from the provisions of this Chapter; (c) the fees to be charged for the issue and the renewal or the replacement or the lamination of vocational license and for recording the change of address in the vocational license and for taking of photographs for inclusion in the vocational license; (d) the requirements to be complied with before a vocational license may be granted or renewed or replaced or laminated and the information and evidence to accompany the applications; (e) the procedure for tender and out sourcing of vocational license, badges, uniforms and the competency test related functions; (f) the conditions on which a vocational license may be granted or renewed or replaced; (g) the granting of vocational licenses to drivers and conductors of public service vehicles, private service vehicles and goods vehicles, the procedure of application for such licenses, the conditions to be attached thereto, the fees to be charged and the manner of payment there for; (h) the testing of applicants for public services vehicles driver licenses; (i) the conduct of persons holding vocational licenses and the means of identification to be worn by them; (j) the period for which a vocational license may remain in force and the probationary period of a conductor or other worker; (k) the ground on which and the authority by which a vocational license may be cancelled or suspended and the procedure to be followed in such cases and for the surrender of vocational license; (l) the exemption of person or classes of persons from the requirements to obtain a vocational license and from the test of health or from the test of competence or other appropriate test; (m) the form of application for vocational license or for renewal of such vocational licenses and the particulars it may contain; (n) the forms in which vocational license may be issued or renewed and the particulars it may contain; (o) the minimum qualification of drivers of public service vehicles or conductors, their
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(p) duties and the conduct of persons to whom vocational license are issued; the issue of duplicate vocational license to replace licenses lost, destroyed or mutilated, the replacement of photograph which have become obsolete and the fees to be charged therefore; 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; the badges and uniform to be worn by the drivers of public service vehicles or conductors of stage carriages or contract carriages or other public service vehicles or by other workers and the fees to be paid in respect of such uniforms an badges; the granting by registered medical practitioners the certificate of health and the form of such certificates; the communication of particulars of vocational license from one authority to other authorities; and Any other matter which is to be or may be prescribed.
(q)
(r)
(s)
(t)
(u)
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Contents
CHAPTER V : AUTHORIZATION TO OWN MOTOR VEHICLES ................................. 111 91. 92. 93. 94. 95. 96. 97. 98. 99. Requirement of Authorization Certificate._ ............................................................ 111 Grant of Authorization Certificate._.......................................................................... 112 Particulars of motor vehicles for Authorization Certificate._ .............................. 114 Exhibition of Authorization Certificate._ .................................................................. 114 Limit of Authorization Certificate._ ........................................................................... 114 Refund of tax on Authorization Certificate._ .......................................................... 114 Persons disqualified for Authorization Certificate._ .............................................. 115 Foreign Authorization Certificate._ ........................................................................... 115 Power to make regulations._ ..................................................................................... 115
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -V
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER IV REGISTRATION OF MOTOR VEHICLES 91. (1) Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of Remarks Proposed a new law to replace the MVO 1983
CHAPTER V : AUTHORIZATION TO OWN MOTOR VEHICLES Requirement of Authorization Certificate._ Except as otherwise provided by this Act or any rules or regulations made, no person including the Government shall own or posses, keep, drive and use a motor vehicle or continue or permit the vehicle to be used or driven in any road or highway or in any public place or in any other place, unless there is in force a Motor Vehicle Authorization Certificate in brief Authorization Certificate, granted to the person in respect of the vehicle and the same is registered under this Act unless it is exempted from an Authorization Certificate and registration. Subject to any regulations made by the Authority sub-section (1) shall not apply in the case ofan unregistered motor vehicle which is owned by and in the lawful possession of a motor dealer or an importer of motor vehicle for the purpose of sale; a motor vehicle lawfully brought into Bangladesh in accordance with the rules made by the government under section 310 unless such a vehicle is exported from Bangladesh within ninety days from the date of arrival; a motor vehicle registered in any foreign country, which by virtue of any international or bi-lateral agreement is authorized to operate in Bangladesh; motor vehicles which are the property of the Armed Forces or, for the time being under the exclusive control of the Armed Forces and are used solely for the purposes of the Armed Forces unconnected with any commercial enterprises and those of the visiting forces lawfully present in Bangladesh unless the period of stay exceeds ninety days; a motor vehicle which has been laid up that is to say to put away and to cease to use on the road by a declaration in the prescribed manner to the prescribed authority or to any authorized officer; a vehicle which is propelled exclusively by electric power obtained from overhead trolley wires though not operated upon rails; a self propelled wheel chair or tricycle used by
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
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(h) (3) a person with disabilities; and any other vehicle prescribed. If the motor vehicle for which the Authorization Certificate is granted is not procured and registered within three months of the grant of the Authorization Certificate, it shall be void unless the period is extended by the authority which granted the Authorization Certificate or by any prescribed authority for such period as it may think necessary but not exceeding further three months in any case. For the purposes of this section or the Act, the person who is for the time being registered under the provisions of this Act as the owner of a vehicle shall, until the contrary is proved, be presumed to keep and use that vehicle on a road and shall be responsible for all acts and deeds pertaining to the vehicle. Any person, who contravenes sub-section (1), shall be guilty of an offence. Grant of Authorization Certificate._ A Authorization Certificate may be applied for, granted, renewed, varied, refused or surrendered in such manner and in such forms and to such authority, as may be prescribed; and such an authorization may be suspended or cancelled or restored by the authority which granted the Authorization Certificate or by a prescribed authority, for reasons to be recorded in writing after hearing the holder of the Authorization Certificate. Being satisfied to the realness of the applicant and the purpose, a Authorization Certificate shall be granted conditionally or unconditionally, for the period prescribed, eitherin respect of all vehicles of the applicant (being a Government office, a company, Authorization Certificated operator or fleet owner, a dealer or manufacturer, or such other organization) to be called a general authorization ; or in respect of a specific vehicle, to be called individual authorization which may be issued to a successful applicant who submitted bids for such authorization and selected through a prescribed method; or in respect of vehicles, the use of which are confined to a particular locality or area, or to a specified road during specified days or times, an authorization to be called a restricted authorization which may be issued in such circumstances as may be prescribed; or in respect of vehicles, for the purpose of research and development, or for any other special purpose as may be prescribed, an authorization to be called special purpose authorization which may be issued to a person who intends to keep and use a vehicle Inserted new
(4)
(5) 92. (1)
(2)
(a)
(b)
(c)
(d)
5-112
on a road for such a purpose. (3) An application for a Authorization Certificate shall be made within such period, in accordance with such procedures, as may be prescribed, and shall be accompanied by such deposits, tax, fees, levy, evidence, documents, particulars and information prescribed, including a declaration as to construction, weight, equipment, use and age, class or description of the motor vehicle(s) for which the authorization is desired. Subject to the provisions of this Act or the rules or regulations made there under, an Authorization Certificate shall be granted for the vehicle(s) and the purposes specified in the application, or with such variation as the authority issuing the Authorization Certificate deems appropriate, and shall not entitle the person to whom it is issued, to keep or use any other vehicle, or greater number of vehicle, or use the vehicle in any other time or day or for the purpose not specified in the Authorization Certificate. No general authorization or special purpose authorization shall be assigned or transferred and the holder of a general authorization or special purpose authorization who shall assign or transfer or attempt to assign or transfer the Authorization Certificate shall be guilty of an offence. No Authorization Certificate under this section shall be granted in respect of any medium or heavy motor vehicle or any semi-trailer unless the applicant satisfies the authority with a vehicle parking certificate or a document in respect of the parking of the vehicle for the period for which the Authorization Certificate is applied for, issued by the relevant authority and certified by an authorized officer. If a motor vehicle is altered in such a manner as to cause the motor vehicle to become a motor vehicle in respect of which an Authorization Certificate at a higher fee or an Authorization Certificate of a different class is required, the current Authorization Certificate shall become void, but the holder of the Authorization Certificate on surrendering the same shall be entitled to receive a new Authorization Certificate for the unexpired period on payment of the difference applicable for the new Authorization Certificate. Any person who is aggrieved by variation, refusal, suspension or cancellation of an Authorization Certificate under this section, may prefer an appeal as provided under subsection (2) of section 65 and the provisions of sub-sections (3) and (4) of the said section shall there upon apply. Any person, who keeps or uses any vehicle in contravenes sub-section (4) or (7), shall be
(4)
(5)
(6)
(7)
(8)
(9)
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guilty of an offence. 93. (1) Particulars of motor vehicles for Authorization Certificate._ No person, being a manufacturer or assembler or dealer or importer or otherwise, as such a person, shall, sell or offer for sale or deliver a motor vehicle or trailer, without giving the particulars and specifications, and the documents that may be necessary for the Authorization Certificate and registration of the vehicle or the trailer as the case may be. Any person, who contravenes sub-section (1), shall be guilty of an offence. Exhibition of Authorization Certificate._ An Authorization Certificate or its main features other than that for a motor cycle shall be exhibited on the vehicle concerned in the manner prescribed and no person shall alter, deface, mutilate or add any thing by writing or in any other way to any Authorization Certificate and nor shall exhibit any such Authorization Certificate as aforesaid on any motor vehicle or produce any such Authorization Certificate to any authority or officer for any purpose. Any person, who contravenes sub-section (1) shall be guilty of an offence. Limit of Authorization Certificate._ The Government or the Authority may from time to time, by notification in the official Gazette, fix or prescribe a limit on the number of Authorization Certificate to be issued for a region (limited to a district or a metropolitan area) or for any other area and may fix or prescribe different limits for vehicles of different category, class or description and there shall not be issued by any authority any Authorization Certificate in excess of the number so fixed or prescribed. Refund of tax on Authorization Certificate._ The holder of an Authorization Certificate may, at any time notify the prescribed authority, if the vehicle is destroyed or exported, or cease to be kept or used on any road, and may also at any time surrender the Authorization Certificate, in the prescribed manner, to the prescribed authority, and claim rebate of tax or levy, for the remaining number of calendar months, for which the Authorization Certificate would have been in force: Provided that proceedings to secure such rebate or the repayment of any excess payment for such an authorization shall be brought at least before the expiration of three Inserted new
(2) 94. (1)
Inserted new
(2) 95.
Inserted new
96.
Inserted new
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months from authorization. 97. the expiry date of such Inserted new
(a) (b) (c)
(d)
(e)
(f) (g) (h)
Persons disqualified for Authorization Certificate._ No Authorization Certificate shall be grantedto any person who is a minor; or to any person who fails to comply with the prescribed requirements; or to any applicant who fails to submit the application for such an authorization within such period, in such form, in accordance to such procedures, and along with such deposits, fees, taxes, levy, declaration, statutory declaration, evidence, documents, particulars and information as may be specified by the authority or prescribed; or to any applicant who fails to satisfy the authority, with proper evidence, certificates or documents that he has adequate parking and garage facilities in respect of all vehicles, for the period for which the authorization is applied for grant or renewal; or to a person, against whom a warrant of arrest has been issued under the Bangladesh Criminal Procedure Code, in respect of any offence committed by him under this Act, or any other law for the time being in force; or to a person who is under arrest, or in the custody or in jail; or to a person who used a motor vehicle in committing a criminal offence, or to the vehicle which has been used in the commission of a criminal offence; and any Authorization Certificate previously issued to such persons or vehicles shall be cancelled. Foreign Authorization Certificate._ A resident in Bangladesh, who posses or acquires possession, or uses, a motor vehicle in respect of which an Authorization Certificate or registration issued in any other country is in force shall inform the Authority as well as the motor vehicle authorization and registering authority within such period and in such manner as may be prescribed: Provided that no such vehicle shall be used in Bangladesh for more than ninety days unless the stay for greater period is authenticated by the Authority or by any other authority or officer authorized in this behalf. Any person, who contravenes sub-section (1) shall be guilty of an offence. Power to make regulations._ The Authority may make regulations for the purpose of carrying into effect or to supplement the provisions of this Chapter. Without prejudice to the generally of the foregoing power, such regulations may
98. (1)
Inserted new
(2) 99. (1)
Inserted new
(2)
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(a) provide for all or any of the following: the submission, conduct and hearing of appeals, the period within which appeal may be preferred and disposed off under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees; the appointment, functions and jurisdiction of the authority for issuing Authorization Certificate and other prescribed authorities and authorities for the supervision of the business of such authorities; the information and the particulars to be furnished by the seller and buyer of motor vehicles for the issuance of Authorization Certificate; keeping and use of vehicles by the manufacturer, dealer, importer or repairer under an Authorization certificate or no Authorization certificate, with or without registration or fitness; the submission of application for Authorization Certificate, transfer of such certificate, and the documents, particulars, information and evidence to accompany such applications, and the procedures and the requirements to be complied with, the period within which these may be submitted and disposed off; the grounds on which and the authority by which the Authorization Certificate may be refused, suspended, cancelled or varied or restored and the procedures to be followed in such cases and in case of surrender of such certificates; taking of photograph for inclusion in the Authorization Certificate or for other use under this Chapter; regulating the issue, refusal and renewal of Authorization certificate including restricted certificate, the period of effectiveness of the certificate and the duplicate of such certificate or to replace the certificate lost, destroyed or mutilated and the issue of no objection certificate for such purposes and the appeal that may be preferred against any refusal or rejection; regulating the entry and exit, authorization, keeping and use of vehicles brought by the persons resident outside for temporary stay in Bangladesh and maintaining of records thereof either in manual or electronic form or by using other facilities; the levy of tax, method or manner for determining the amount of tax and fee for an Authorization Certificate; rebate on all or any part of the levy payable for the Authorization Certificate and the circumstances; fees and deposits for the submission of the application for an Authorization Certificate and forfeiture of deposits for non-compliance of any conditions governing the submission of
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
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such application or refund on prescribed grounds; the levy of tax and/or fees to be charged or deposits to be made for the issue, renewal or alteration of Authorization certificate, or for the keeping or use of a foreign vehicle in Bangladesh, limit on the number of Authorization Certificate to be issued for different category, class or description of vehicle and the bid for the Authorization Certificate; the period for which and the conditions upon which an Authorization Certificate may be issued, suspended, or cancelled and the refund of all or any part of the levy paid for the and the Authorization Certificate circumstances; levy on transfer of an Authorization Certificate prior to registration or after registration; renewal of an Authorization Certificate before or after its expiry and the levy, fee or deposits to be paid there for; issue of supplementary Authorization Certificate (to supplement restrictions on compassionate ground) or duplicate Authorization Certificate in lieu of the Authorization Certificate lost or damaged with or without charges; the amount and the manner in which any fee, tax, levy, deposit and other charges payable under this Chapter are to be fixed and paid when any document is filed or submitted through the authorized or registered electronic service agent; the forms to be used for the purposes of this Chapter, the particulars and information these shall contain and the manner of filling up and submission thereof; the registers and records to be maintained for the purposes of this Chapter, the particulars and information these shall contain and the manner how they shall be maintained including the use of electronic, computerized or other facilities; the communication between authorities or officers of particulars of Authorization Certificate and by owners of vehicles Authorization Certificated outside Bangladesh of particulars of such vehicles and of their Authorization Certificate; the extension of the validity of a Authorization pending consideration of certificate applications for their renewal or on temporary removable of vehicle to the area of another authority; the production of Authorization certificate before the registering authority or other authority or officer, for examination and the revision of entries, particulars therein; prohibition of issue of authorization certificate to motor vehicles beyond a prescribed age
(m)
(n)
(o)
(p) (q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
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limit; the exemption of a particular motor vehicle or classes of motor vehicle or a particular person or classes of persons, from all or any of the provisions of this Chapter and the conditions governing such exemptions; (aa) exemption of a vehicle or a person from all or part of levy, fees or deposits and the circumstances and the conditions governing such exemptions; (bb) all other matters which are incidental or necessary and required to be prescribed for carrying out or giving effect to this section. (z)
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Contents
CHAPTER VI : REGISTRATION OF MOTOR VEHICLES ...................................................... 119 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. Requirements of registration of motor vehicles._ ..................................................... 119 Registration of motor vehicles._ ................................................................................... 120 Issue of certificate of registration and assignment of registration marks._ ........ 121 Validity of certificate of registration._.......................................................................... 123 Registration of motor vehicles of diplomatic officers, etc._ .................................... 123 Temporary Registration._ ............................................................................................... 125 Inspection of a motor vehicles._ ................................................................................... 125 Refusal or renewal of registration._ ............................................................................. 127 Display of labels in a motor vehicle._ .......................................................................... 128 Change of registered address._ .................................................................................... 128 Transfer of ownership._ .................................................................................................. 129 Motor vehicles subject to hire purchase agreement._ ............................................. 132 Alteration in motor vehicles._ ........................................................................................ 133 Suspension of registration._ .......................................................................................... 135 Cancellation of registration._ ......................................................................................... 137 Appeals._ ............................................................................................................................ 139 Special requirements for transport vehicles............................................................... 140 Certificate of fitness of motor vehicles._ ..................................................................... 142 Registration of motor vehicles of the Armed Forces._ ............................................. 144 Application of this Chapter to trailers._ ....................................................................... 145 Exemptions._ ..................................................................................................................... 145 Power to make regulations._ ......................................................................................... 145
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -VI
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER IV REGISTRATION OF MOTOR VEHICLES 32. Necessity for registration No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place for the purpose of carrying passengers or goods unless the vehicle is registered in accordance with this chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner. 152. Using of motor vehicle without registration or certificate of fitness or permit (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used or let out a motor vehicle for use in contravention of the provisions of section 32 or without the certificate of fitness under section 47 or the permit required by sub section (1) of section 51 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used or to the maximum of passengers and maximum weight of luggage that may be 151 [ shall carried on the vehicle, be punishable for a first offence with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand Taka, or with both and for any subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand Taka, or withboth.] Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of Remarks Proposed a new law to replace the MVO 1983
CHAPTER VI: REGISTRATION OF MOTOR VEHICLES 100. Requirements of registration of motor vehicles._ (1) Except as otherwise provided by this Act or any rules or regulations made, no owner or in charge of a motor vehicle or any other person shall cause or permit the vehicle to be driven in any road or highway or in any public place or in any other place for the purpose of carrying passengers or goods whether for hire or reward or not, unless the vehicle is registered in accordance with this Chapter and the vehicle displays a registration mark and registration validation label or symbol (if any provided) in the prescribed manner and the Authorization Certificate and the certificate of registration of the vehicle is in force. (2) No motor vehicle shall be registered nor shall any certificate of registration be renewed under this Act, unless there is in force an Authorization Certificate, granted in respect of the vehicle under this Act, for the period for which the vehicle may be registered or the certificate renewed, and the prescribed amount of taxes and fees applicable for the vehicle have been paid in the prescribed manner. (3) No motor vehicle shall be registered which does not comply with this Act as well as the rules and regulations made there under as to construction, weight, equipment, use and age unless such motor vehicle has been exempted from such compliance under powers conferred by this Act and such vehicle bears a clear, distinct and untampered identifying particulars including the engine and chassis number and these are identical with the corresponding particulars contained in the Authorization Certificate as well as the vehicle procurement and ownership documents and the vehicle is in sound mechanical condition and is roadworthy. (4) For the purposes of sub-section (3), a valid inspection/ fitness certificate issued in respect of a motor vehicle required under this Act shall be taken as prima
Modified Modified
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(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 to the Regional Transport Committee within seven days. (5) facie proof that the vehicle is in sound mechanical condition and is roadworthy. The Authority may make regulations subject to which sub-section (1) shall not apply in the case of motor vehicles specified under sub-section (2) of section 91 and those specified hereundera vehicle which is lawfully used under the authority of and in accordance with the conditions of a motor dealer's license or under a motor vehicle trade certificate issued under this Act or any rules or regulations made in this behalf; a motor vehicle which is being driven to or from any place specified by a registering authority or by an Inspector of motor vehicles for inspection or testing or while it is being tested by an examiner or Inspector of motor vehicles, or while it is being driven to or from any place specfied for the purpose of registration and test; and while being so driven or tested the vehicle carries a means of identification in accordance with this Act or any rules made thereunder; temporary use of a motor vehicle when application accompanied by proper fee has been made for the registration of such vehicle; an agricultural vehicle, a tractor or a trailer used for agricultural purposes which is driven or moved upon a road or highway only for the purpose of crossing such road or highway from property to another or which is incidentally operated or moved upon a highway; a road roller and such other road construction and cleansing vehicle; and any other vehicle prescribed. Any person who contravenes sub-section (1) shall be guilty of an offence; and any police officer in uniform or any authorized road transport officer or other authorized officer or person may, arrest any such person without warrant. Modified consolidating section 33, 34 and some new provisions
(a)
(b)
(c)
(d)
(e) (f) (6)
33. Registration, where to be made Subject to the provisions of section 35, section 36, and section 48, every owner of a motor vehicle shall cause the vehicle to be registered by the registering authority of the area where he permanently resides or has place of business where the vehicle is normally kept.
101. Registration of motor vehicles._ (1) Subject to the provision of section 104, section 105 and section 118 every owner of a motor vehicle shall cause the vehicle to be registered by the registering authority of the area in whose jurisdiction the address recorded in the ownership documents of the vehicle falls: Provided that where the vehicle is a property of the Government, it may be registered in the area of the registering authority in whose jurisdiction the owners office locates. (2) An application for the registration of a
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motor vehicle shall be made except in case of an organization includes a Government office by the owner in such form and shall be accompanied by such fees, documents, particulars and information including dealers or importers certificate, and shall be made within such period in accordance with such procedures as may be prescribed. Where the registration is to be made in the name of any individual the application for registration shall be accompanied by prescribed or specified number of copies of recent photographs of the owner. Where the registration is to be made in favour of an organization includes a Government office, the application for the registration of such a vehicle may be made by any authorized person by reference to his office on behalf of the head of organization or office who shall be deemed to be the registered owner of such motor vehicle for the purposes of this Act. Where a motor vehicle is owned by more persons than one, the application for registration shall be made by the nominated person on behalf of all the owners and such applicant shall be deemed to be the registered owner of the motor vehicle for the purpose of this Act, but nothing in this Act shall be deemed to prejudice or to affect in any way the right of other claimant to the ownership of the motor vehicle to cause his/her rights to be determined by any authority or by a court. An applicant for registration of a motor vehicle shall produce proof of ownership and other indication satisfactory to the registering authority of the source from which the applicant procured the vehicle and shall make a declaration to that effect and the person(s) including the dealer or importer who sells or supplies the vehicle shall also make a declaration to that effect. Omitted, requirements addressed in other section
(3)
(4)
(5)
(6)
34. Registration, how to be made (1) An application by or on behalf of the owner of a motor vehicle for registration shall be in Form H' as set forth in the First Schedule, shall contain the information required by that form, and shall be accompanied by the prescribed fee: Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such
102. Issue of certificate of registration and assignment of registration marks._ (1) If the registering authority grants an application for registration of a motor vehicle it shall(a) enter in a prescribed record manual or electronically or in other suitable method to be kept by it the particulars of the owner and the vehicle as given in the application and such other information as it considers necessary; (b) and issue to the owner of the motor vehicle registered by it a certificate of registration in such form containing such
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applicant shall be deemed to be owner of the motor vehicle for the purpose of this Ordinance. (2) The registering authority shall issue to the owners of a motor vehicle registered by it a certificate of registration in Form I' as set forth in the First Schedule and shall enter in a record to be kept by it particulars of such certificate. (3) The registering authority shall assign to the vehicle for display thereon in prescribed manner, a distinguishing mark (in the Ordinance referred to as the registration mark) consisting of group of letters allotted to the district or area of the district concerned in the Sixth Schedule followed by a letter or letters denoting the class of the vehicle and a number consisting of not more than 4 digit. (c) particulars and information and in such manner as may be prescribed; assign to the vehicle for display thereon in the prescribed manner, a distinguishing mark, in the Act referred to as the registration mark, consisting of such alphabet(s) and numerical as may be prescribed indicating the registration area, class of vehicle and the unique number allotted to the vehicle; and such registration mark shall continue to be the registration mark of such motor vehicle until it is broken up, destroyed or sent permanently out of Bangladesh, or the certificate of registration is cancelled, and such registration number shall not be assigned to any other motor vehicle and the registration number plate, if any, issued by the authority shall be returned to it: Provided that a registered owner may, subject to any terms and conditions prescribed, have the number assigned to such motor vehicle assigned to another unregistered motor vehicle of which he would be registered as owner, and in such case the registering authority shall make all necessary and consequential amendments to the records and the registration certificate: Provided further that a person may propose his own registration mark subject to such terms and conditions as may be prescribed. If any registration number assigned, is not displayed in accordance with this section or in the manner prescribed, or if, being so displayed, it is in any way obscured, defaced or is rendered or allowed to become or to remain not easily distinguishable, or is not illuminated in accordance with the provisions prescribed, or if any such letter or figure or design, ornament, fixture or addition is made or carried contrary to the provisions of this Act or the rules or regulations made there under, or if the number plate issued is not returned to the authority as required, the person driving or having charge of the vehicle while it is being so used, or who fails to return the number plate, shall be guilty of an offence: Provided that that no person shall be charged under this section if he proves that he has taken all steps reasonably practicable to prevent the registration number being obscured or undistinguished. Any person, who permits or lends for use a registration mark or a certificate of
(2)
(3)
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registration or a number plate by another person or vehicle, he shall be guilty of an offence. 103. Validity of certificate of registration._ (1) A motor vehicle registered under this Chapter in the region of any registering authority shall not require to be registered in another region or elsewhere in Bangladesh, and a certificate of registration issued under this Act, in respect of a vehicle, if in force shall be effective throughout Bangladesh (2) A certificate of registration issued under sub-section (1) of section 102, whether before or after the commencement of this Act, in respect of a motor vehicle, subject to the provisions contained in this Act, or any rules or regulations made there under, be valid only for the period for which the Authorization Certificate of the vehicle is in force, to be specified in the certificate of registration, and shall be renewable in the prescribed manner for the unexpired period of the Authorization Certificate, if any or for the validity period of the new Authorization Certificate, if granted. (3) No person shall alter, deface, mutilate or add any thing by writing or in any other way to the certificate of registration and nor shall produce any such certificate as aforesaid to any authority or officer for any purpose, nor shall use any expired or invalid certificate of registration. (4) Any person who contravenes sub-section (3) shall be guilty of an offence. 35. Registration of motor vehicles of diplomatic officers, etc (1) Where an application for registration of a motor vehicle is made by, or on behalf of, any diplomatic officer or consular officer or any other privileged person, then, notwithstanding anything contained in this Chapter, the special registering authority appointed by the Government in this behalf shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf under sub section (3) and shall assign to the vehicle for display thereon a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate that the vehicle has been registered under this section; and the vehicle so 104. Registration of motor vehicles of diplomatic officers, etc._ (1) Where an application for registration of a motor vehicle is made by, or on behalf of any diplomatic officer or consular officer or any other privileged person then, notwithstanding anything contained in this Chapter, the special registering authority appointed by the Government in this behalf shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf under sub-section (5) and shall assign to the vehicle for display thereon a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate (hereafter in this section referred to as the certificate of registration) that the vehicle has been registered under this section; and any vehicle so registered shall not, so long it remains the property of any diplomatic officer or consular officer or any privileged person be required to be Inserted new
Modified
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registered shall not, so long it remains the property of any diplomatic officer or consular officer or any privileged person be required to be registered otherwise than under this Ordinance. (2) If any vehicle registered under this section ceases to be the property of any diplomatic officer or consular officer or any other privileged person, certificate of registration issued under this section shall also cease to be effective and the provision of section 33 shall thereupon apply. (3) (3) The Government may make rules for the registration of motor vehicles belonging to diplomatic officers and consular officers and privileged persons regarding the procedure to be followed by the special registering authority for registering such vehicles, the form in which certificates of registration of such vehicles are to be issued, the manner in which certificates of registration are to be sent to the owners of the vehicles and the physical verifications are to be done and the special registration marks are to be assigned to such vehicles. Explanation. For the purposes of this section, diplomatic officer, consular officers or privileged person means any person who is recognised as such by the Government and if any question arises as to whether a person is or is not such an officer or person, the decision of the Government thereon shall be final. (2) registered otherwise than under this Act. No motor vehicle shall be registered under this section which fails to comply with this Act as well as the rules and regulations made there under as to construction, weight, equipment, use and age unless such motor vehicle has been exempted from such compliance under powers conferred by this Act and such vehicle bears a clear, distinct and untampered identifying particulars including the engine and chassis number and these are identical with the corresponding particulars contained in the motor vehicle procurement and ownership documents and the vehicle is in sound mechanical condition and is roadworthy. If any vehicle registered under this section ceases to be the property of any diplomatic officer or consular officer or any other privileged person, certificate of registration issued under this section shall also cease to be effective and the provision of sections 91, 100 and 101 shall thereupon apply. The Government may exempt any diplomatic officers from any of the provisions of this section or any rules or regulations made there under on the basis of reciprocacy. The Government may make rules for the issue of Authorization Certificate and registration of motor vehicles belonging to diplomatic officers and consular officers and privileged person, regarding the procedures to be followed for the issue of and registering such authorization vehicles, the form in which the Authorization Certificate and registration are to be aplied, granted, renewed and certificates of registration of such vehicles are to be issued, the manner in which the and certificates of authorization registration are to be sent to the owners of the vehicles, levy and fee if any to be charged for the authorization and registration and the physical verifications are to be done and the special registration marks are to be assigned and supplied to such vehicles and any authorization or registration granted may be suspended or cancelled. For the purpose of this section, "diplomatic officer", "consular officers" or "privileged person" means any person who is recognized as such by the Government and if any question arises as to whether a person is or is not such an officer or person, the decision of the Government thereon shall be final.
(4)
(5)
(6)
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36. Temporary Registration (1) Notwithstanding anything contained in section 33, the owner of a motor vehicle may apply to any registering authority or other prescribed authority to have the vehicle temporarily registered in the prescribed manner and for the issuance in the prescribed manner of a temporary certificate of registration and a temporary registration mark. A registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable: Provided that where a motor vehicle so registered is a chassis to which body has not been attached and the same is detained in a workshop beyond the said period of one month for being fitted with a body, the period may, on payment of such fees, if any, as may be prescribed, be extended by such further period or periods so that the total period of such temporary registration may not exceed, in any case, four months. 105. Temporary Registration._ (1) When it becomes expedient to meet a particular temporary need, or on special occasion, circumstances or due to the lawful temporary stay of a person in Bangladesh, notwithstanding anything contained in section 101, if the Authorization Certificate of the motor vehicle is in force or if it is exempted from an Authorization Certificate, the owner of a motor vehicle may apply to any registering authority or other prescribed authority on payment of such levy and fee as may be prescribed, to have the vehicle temporarily registered on the terms and conditions and in the manner prescribed and for the issue in the prescribed manner of a temporary certificate of registration and a temporary registration mark: Provided that the vehicle complies with this Act as well as the rules and regulations made there under as to construction, weight, equipment, use and age unless such motor vehicle has been exempted from such compliance under powers conferred by this Act and such vehicle bears a clear, distinct and untampered identifying particulars including the engine and chassis number and these are identical with the corresponding particulars contained in the Authorization Certificate as well as the vehicle procurement and ownership documents and the vehicle is in sound mechanical condition and is roadworthy. (2) A registration made under this section shall be valid for one month and the period may, on considering the circumstances under which such temporary registration was granted and on payment of such levy and fees, as may be prescribed, be extended (not exceeding one month at a time) by such further period or periods so that the total period of such temporary registration may not exceed, in any case, four months. 106. Inspection of a motor vehicles._ (1) The registering authority shall before proceeding to register a motor vehicle require the person applying for registration of the vehicle to produce the vehicle for inspection, weighing and measuring, if required, to the Inspector of Motor Vehicles or to at least equally qualified such other authorized officer or person or to an authorized vehicle examiner or inspection centre or vehicle testing station as the registering authority may specify in this behalf or to such other prescribed authority, in order that the registering Modified
(2)
37. Production of vehicle at time of registration The registering authority shall, before proceeding to register a motor vehicle, require the person applying for registration of the vehicle to produce the vehicle to the Inspector of Motor Vehicles 38 [ or such other person as the Authority may specify in this behalf] in order that the registering authority may satisfy itself that the particulars
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contained in the application are true and that the vehicle complies with the requirements 39 of Chapter VI and of the [ regulations] made thereunder and that the vehicle is not mechanically defective authority may satisfy itself that(a) the particulars contained in the application for registration are identical with the corresponding particulars contained in the Authorization Certificate as well as the vehicle procurement and ownership documents; and the vehicle complies with the requirements of this Act as well as the rules and regulations made there under particularly to construction, weight, equipment, use and age unless such motor vehicle has been exempted from such compliance under powers conferred by this Act; and the vehicle bears a clear, distinct and identifying particulars untampered including the engine and chassis number; and the vehicle is in sound mechanical condition and is roadworthy. After registration, at any time, the Authority or any registering authority or any other prescribed authority or an authorized officer may require a motor vehicle to be brought for inspection as aforesaid in sub-section (1) if he has reason to believethat the motor vehicle does not comply with the requirements of this Act or the rules and regulations made there under; that any information furnished to him in respect of the motor vehicle is false, incorrect or misleading; that the motor vehicle is not in a roadworthy condition; or that the weight, dimensions, character, construction, colour, identifying particulars or seating accomodation have been altered after the registration thereof. The registered owner of a motor vehicle, shall, whenever required by the Authority or by a registering authority or any other prescribed authority or an authorized officer so to do, forthwith furnish to the authority as aforesaid, all such information as he may require for the purpose of verifying the entries relating to his motor vehicle in the register or record and forward or deliver to the said authority certificate of registration of the motor vehicle whenever required. After a motor vehicle has been inspected, weighed or measured under sub-section (2), or upon verification or receipt of any information or proof furnished, in respect of the inaccuracy of any entry in the register or record relating to the motor vehicle, the aforesaid authority may make or caused to make, such amendments in the register or record and in the registration certificate relating to such
(b)
(c)
(d) (2)
(a)
(b)
(c) (d)
(3)
(4)
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motor vehicle as he may consider necessary, or may take any other action as he deems fit. The authorized vehicle inspection centre or vehicle testing station referred to in sub-section (1), means a vehicle inspection and testing center or station equipped and maintained either by the Authority or by the Government, or selected by the Authority through competitive bidding having regard to the experience, training and ability of the operator of such station and the testing equipment and the testing personnel therein, in accordance with the rules or regulations made for the regulation and control of such centers. Any person who without reasonable excuse fails to comply with any requirements of sub-section (2) or (3) shall be guilty of an offence. Modified
(5)
(6)
38. Refusal of registration The registering authority shall refuse to register any motor vehicle if the vehicle is mechanically defective or fails to comply with the requirements of 40 [ Chapter VI or of the regulations] made thereunder, or if the applicant fails to furnish particulars of any previous registration of the vehicle or the chassis identification number or furnishes inaccurate particulars in the application for registration of such vehicles, and shall furnish, the applicant whose vehicle is refused registration, with the reasons in writing for such refusal.
107. Refusal or renewal of registration._ The registering authority may, refuse to register any motor vehicle, or renew the certificate of registration of a motor vehicle, if(a) the Authorization Certificate of the vehicle is not in force; or (b) the applicant fails to pay the prescribed amount of taxes and fees applicable for the vehicle; or (c) the applicant fails to provide required document(s), particulars or information for registration or for the renewal of certificate of registration; or (d) the applicant fails to furnish particulars of any previous registration of the vehicle; or (e) the applicant furnishes inaccurate particulars in the application for registration of the vehicle or, as the case may be, for renewal of the certificate of registration thereof; or (f) the vehicle fails to comply with the requirements of this Act or of the rules and regulations made there under; or (g) the identifying particulars including the engine and chassis number of the vehicle are unclear, indistinct and tampered; or (h) the particulars contained in the application are not identical with the corresponding particulars contained in the Authorization Certificate, previous registration certificate or vehicle procurement and ownership documents as the case may be; or (i) the vehicle is not in sound mechanical condition and is unroadworthy; the registering authority shall furnish the applicant whose vehicle is refused registration, or renewal of the certificate of registration, with the reasons in writing for
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such refusal. 108. Display of Labels in a Motor Vehicle._ (1) Notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force, no motor vehicle other than a motor cycle or an invalid carriage or such other vehicles which are exempted under the provisions of this Act or any rule or regulations made, shall be used or driven or permitted for use on any road or in any public place, if the lebels or symbols provided by the concerned authority indicating the validity of the Authorization Certificate, registration, fitness, tax token, permit, franchise or such other document pertaining to the vehicle are not displayed in the prescribed manner or if, being so displayed, it is in any way obscured, defaced or is rendered or allowed to become or to remain not easily distinguishable, or is not illuminated in accordance with the provisions prescribed: Provided that no expired, defaced, mutilated, illegible or fraudulent label or symbol or token shall be displayed in any motor vehicle and no such motor vehicle shall be used on any road or in a public place; Provided further that nothing in this section shall apply to a motor vehicle registered under section 118 of this Act. (2) Any person who contravenes sub-section (1) shall be guilty of an offence. 39. Change of residence or place of business (1) If the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of any such change of address, intimate his new address to the registering authority by which the certificate of registration was issued and to the authority by which the certificate of fitness was issued or last renewed, 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 together with the prescribed fee in order that the new address may be entered therein. 109. Change of registered address._ (1) If the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within such time, in such manner and in accordance with such procedure, as may be prescribed, intimate his new address to the registering authority by which the certificate of registration was issued, and to the authority by which the certificate of fitness was issued or last renewed, 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 and all other relevant documents to the registering authority or, as the case may be, to the other registering authority together with the prescribed fee in order that the new address may be entered therein in the certificate of registration and in all other relevant documents. (2) A registering authority other than the Inserted new
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(2) A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority and to the authority which may require to issue or renew the certificate of fitness. (3) Nothing in sub section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed three months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration. 40. Transfer of ownership (1) Where the ownership of any motor vehicle registered under this Chapter is transferred: the transferor shall, within fourteen days of the transfer, report the transfer, to the registering authorities within whose jurisdiction the transfer is effected and shall simultaneously send a copy of the said report to the transferee; the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration; original registering authority before making any such entry shall follow such procedures as may be prescribed. If the owner of a motor vehicle fails to intimate his new address to the registering authority concerned within the period prescribed under sub-section (1), he shall be guilty of an offence and shall be liable to pay, a penalty equivalent to five units of penalty fixed under sub-section (2) of section 353, for each month or fraction thereof of the delay period. Nothing in sub-section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed three months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration.
(3)
(4)
(a)
(b)
(c) the registering authority shall cause physical verification of particulars by the authority specified under section 37, and, if satisfied to the genuineness of transfer, may enter the particulars of the transfer of ownership in the certificate of 41 registration [ within thirty days of the report made under clause
110. Transfer of ownership._ (1) Where the ownership of any motor vehicle registered under this Chapter is transferred voluntarily or otherwise: (a) the transferor shall, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed, to the registering authority within whose jurisdiction the transfer is to be effected that is where the address of the transferee recorded in the transfer documents falls, and shall simultaneously deliver a copy of the said report along with the certificate of registration and all other relevant documents including the Authorization certificate pertaining to the motor vehicle (unless he wishes to retain the same) to the transferee; and (b) the transferee shall, within thirty days of the transfer, apply in such form with such documents and in such manner, as may be prescribed, to the registering authority within whose jurisdiction the transfer is to be effected that is where his address recorded in the transfer documents falls, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor and all other relevant documents delivered to him including the Authorization certificate pertaining to the motor vehicle, if delivered, on receipt of an acknowledgement in such form as may be prescribed, in order that he may be registered as new owner and the particulars of the transfer of ownership may be entered in the register, record and
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(b)]. (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 and, to the authority which may require to issue or renew the certificate of fitness. the certificate of registration and all other relevant documents: Provided that if the Authorization certificate pertaining to the motor vehicle is not delivered to him by the transferor, he shall not be registered as new owner until he/she posses a valid Authorization certificate or obtains a new Authorization certificate issued to him. if the transferor who rertains the Authorization certificate does not get registered any vehicle in his name against the Authorization certificate within ninety days or surrenders the Authorization certificate during this period with a view to securing the rebate, if any, entitled under this Act or the rules or regulations made there under, the Authorization certificate will have no effect and shall be treated as cancelled. The vehicle shall not be used on a road after the expiry of the period specified therein, unless the application under clause (b) of sub-section (1) is made and the registering authority acknowledges it or the new owner is registered as the owner thereof. The registering authority by which the transfer of a motor vehicle is to be effected may, after making such inquiry and requiring the applicant to comply with such directions or procedures as it deems fit, shall, in accordance to such procedure as may be prescribed cause physical verification of particulars of the vehicle by the authority specified under section 106, and, if satisfied to the genuineness of transfer, shall enter the particulars of the transfer of ownership in the record and issue a fresh certificate of registration to the new owner in lieu of the altered certificate of registration within thirty days of the application made under clause (b) of sub-section (1): Provided that a registering authority other than the original registering authority shall, before making any such entry relating to the transfer of ownership in the record, communicate in the prescribed manner the facts of transfer of ownership to the original registering authority and the registering authority which last renewed the certificate of registration and, to the authority which issued or renewed the certificate of fitness for their no objection certificate for entering the particulars of the transfer of ownership in the record and the certificate of registration. Before granting or refusing to grant the no objection certificate, the registering authority concerned shall verify whether all the amounts due to the Government
(c)
(2)
(3)
(4)
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including road tax in respect of that motor vehicle have been paid, unless exempted under the provisions of this Act or any rules or regulations made there under, and shall also ascertain if any report of theft, if any, made to it in respect of the vehicle is pending and take into account such other factors as may be prescribed. If the registering authority or other authority concerned does not refuse to grant the no objection certificate as aforesaid in sub-section (3), or does not communicate the refusal to the registering authority that made the request for it within fifteen days, it shall be deemed to have granted the no objection certificate desired. If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, he/she shall be guilty of an offence and shall be liable to pay, a penalty equivalent to five units of penalty fixed under sub-section (2) of section 353, for each month or fraction thereof of the delay period. In the case of death of a registered owner, the application for the transfer of ownership of such vehicle, may be made, by the nominated heir on behalf of all the heirs and such applicant shall be registered as the new owner of the motor vehicle for the purpose of this Act, but nothing in this Act shall be deemed to prejudice or to affect in any way the right of other claimant to the ownership of the motor vehicle to cause his/her rights to be determined by any authority or by a court. Where the registered owner of a motor vehicle dies, or where a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf of the Government, the person succeeding to the possession of the vehicle or, as the case may be, who has purchased or acquired the motor vehicle, may make an application for the purpose of transferring the ownership of the vehicle in his/her name, to the registering authority in whose jurisdiction his address in the acquisition documents falls in such manner, accompanied with such fee, such documents and within such period as may be prescribed: Provided that the applicant shall not be registered as new owner until the registering authority concerned obtains a no objection certificate mentioned under sub-section (3) and the applicant posses a valid Authorization certificate or obtains a new Authorization certificate issued to
(5)
(6)
(7)
(8)
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him. 41. Special provisions regarding motor vehicles subject to hirepurchase agreement (1) Where an application for registration of a motor vehicle which is held under a hirepurchase agreement is made, the registering authority shall make an entry in the certificate of registration regarding the existence of the said agreement. (2) When the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into a hirepurchase agreement with any person, the registering authority shall, on receipt of an application from the parties to that agreement, make an entry as to the existence of such hirepurchase agreement in the certificate of registration. Any entry made under sub section (1) or sub section (2) may be cancelled by the registering authority on proof of termination of the hire-purchase agreement by the parties concerned. No entry regarding the transfer of ownership of any motor vehicle which is held under a hirepurchase agreement shall be made in the certificate of registration except with the written consent of the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into a hire-purchase agreement. Where the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into a hirepurchase agreement, satisfies the registering authority that he has taken possession of the vehicle owing to the default of the registered owner under the provisions of the agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving 111. Motor vehicles subject to hire purchase agreement._ (1) Where an application for registration of a motor vehicle which is held under a hire purchase or conditional sale or lease or hypothecation agreement (hereafter in this section referred to as the said agreement), is made, the registering authority shall make an entry in the records and keep a hint in the certificate of registration regarding the existence of the said agreement. (2) When the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into the said agreement with any person, the registering authority in whose jurisdiction the transfer is effected shall, on receipt of an application from the parties to the said agreement, make an entry as to the existence of said agreement in the records and in the certificate of registration of the vehicle. (3) Any entry made under sub-section (1) or sub-section (2) may be cancelled by the registering authority, in whose record the vehicle is, on an application made to it, with the proof of termination of the said agreement by the parties concerned. (4) No entry regarding the transfer of ownership of any motor vehicle which is held under the said agreement shall be made in the record or in the certificate of registration except with the written consent of the person whose name has been specified in the record or the certificate of registration as the person with whom the registered owner has entered into the said agreement (such person being hereafter in this section referred to as the financier). (5) Where the financier satisfies the registering authority that he has taken possession of the vehicle owing to the default of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of registration and the license of the vehicle or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make (by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration or to his email address, if any or by delivery in person), and notwithstanding that the license of the vehicle and the certificate of registration have not been produced Modified
(3)
(4)
(5)
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the registered owner an opportunity to make such representation as he may wish to make (by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issue a duplicate thereof to the person aforesaid. (6) The provisions of sub sections (1) to (5) shall, so far as may be, apply to a motor vehicle which is subject to hypothecation as they apply to any motor vehicle which is held under a hirepurchase agreement. before it, cancel the license and the certificate, and issue a fresh license and a certificate of registration thereof, in the name of the financier as aforesaid on payment of prescribed levy and fee: Provided that a fresh license and a certificate of registration issued under this sub-section in respect of the motor vehicle shall be valid only for the remaining period for which the license and the certificate cancelled under this sub-section would have been in force. Any application or communication to any authority or officer under this Act or any rules or regulations made there under by the registered owner, for the issue or renewal of any Authorization certificate, certificate of registration or permit or any duplicate thereof, or for the conversion of the vehicle from one class to another, or for the change of residence or place of business, or for the transfer of ownership, or for recording existence or termination of the said agreement under sub-sections (1), (2), (3) or (4), or for the replacement of a vehicle in the permit, or for suspension or cancellation of registration of the motor vehicle, or for such other related matters, shall be made, with the written consent of the financier or under the joint signaure of both the registered owner and the financier. Where a registering authority taking any actions under this section, is not the original registering authority, it shall communicate the actions taken by it, to the original registering authority in the prescribed manner. Modified
(6)
(7)
42. Alteration in motor vehicle (1) No owner of a motor shall so alter the vehicle particulars contained certificate registration are no accurate, unless:42
vehicle that the in the of longer
(a) he has given [ notice in writing] to the registering authority within whose jurisdiction he resides, of the alteration he proposes to make, and (b) has obtained the approval of the registering authority to make such alteration: Provided that it shall not be necessary to obtain such approval for making any change in the unladen weight of motor vehicle consequent on the
112. Alteration in motor vehicles._ (1) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are no longer compatible with those formerly specified therein in respect of the vehicle, unless:(a) he has given notice in writing to the registering authority in whose record the vehicle is, of the alteration he proposes to make, and (b) has obtained the approval of the registering authority to make such alteration: Provided that a post-facto approval may be obtained, where the alteration proposed or made relates to the modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power,
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addition or removal of fittings or accessories if such change does not exceed two per cent of the weight entered in the certificate of registration. (2) No alteration which is likely to affect the chassis identification number, chassis construction or the make and model of the vehicle or the maximum limits in laden weight certified by the manufacturer shall be allowed. (3) Any change where class of vehicle is effected shall be treated as new registration and the provisions of section 33 and section 34 shall thereupon apply. (4) Where a registering authority has received notice under sub section (1), it shall obtain the opinion of the concerned Inspector of Motor Vehicles on the proposed alteration and shall within fourteen days of the receipt of the notice communicate (by registered post acknowledgement due) to the owner of the vehicle its approval to the proposed alteration or otherwise. (5) Notwithstanding anything contained in sub-section (1), the authority may, by notification in the official Gazette, authorise, subject to such conditions as may be specified in the notification, the owner of more than one vehicle of the same make and specifications to alter any such vehicle so as to replace the engine thereof by an engine of same make and specifications without the approval of the registering authority.] (2) liquid petroleum gas or any other fuel or source of energy, are carried out subject to such conditions as may be prescribed, by fitment of a conversion kit of prescribed or approved specifications, in compliance to conditions for approval, retrofitment and other related matters for such conversion: Provided further that the Authority may, for any specific purpose, subject to the provisions of sub-sections (2), (3) and (4), grant exemption for alteration of vehicles in a manner other than that specified above. No alteration, which is likely to affect the chassis identification number, chassis construction other than the reinforcement and extension or reduction of the rear overhang if so authorised by the manufacturer or the make and model or year of manufacturing of the vehicle or the maximum limits in laden weight certified by the manufacturer, shall be allowed. Alteration of wheel base of a vehicle if required under special circumstances may not be made without the specific order and approval of the Authority to be done by specially authorised motor workshop. Re-building of a junk vehicle or salvaged vehicle or a vehicle which has been declared by any competent authority permanently incapable of use, dangerous for use or dangerous for public safety, or a total loss or scrap shall not be allowed : Provided that this sub-section shall not apply to a salvaged vehicle which is considered not dangerous for use or for public safety. Any change where class of vehicle is affected shall be treated as new registration and the provisions of section 100 shall thereupon apply. Where a registering authority has received notice proposing alteration, or an application for approval of alteration under sub-section (1) it shall cause an inspection of the vehicle by the officer or the station specified under sub-section (1) of section 105, and obtain opinion on the proposed alteration or on the alteration made, as the case may be, and shall within fourteen days of the receipt of the notice or application communicate to the owner of the vehicle its approval to the alteration proposed or made, or otherwise. Notwithstanding anything contained in sub-section (1), the Authority may, by notification in the official Gazette, authorise, subject to such conditions as may be specified in the notification, and permit the person owning ten or more vehicles of the same make and specifications to alter any such vehicle
(3)
(4)
(5)
(6)
(6) Where any alteration has been made in a motor vehicle with the approval of the registering authority or by reasons of any change in its engine number without such approval under sub section (5), the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of
(7)
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registration to that authority together with the prescribed fee in order that particulars of the alteration may be entered therein. (7) A registering authority other than the original registering authority making any such entry shall communicate details of the entry to the original registering authority and to the authority which issued or last renewed the certificate of fitness. owned by him so as to replace the engine thereof by an engine of same make and specifications without the prior approval of the registering authority. (8) Where any alternation has been made in a motor vehicle with the approval of the registering authority or by reasons of any change in its engine number without such approval under sub-section (7), the owner of the vehicle shall, within fourteen days of the making of the alternation, report the alteration to the registering authority within whose jurisdiction the alteration is to be effected, and shall forward the certificate of registration and all other relevant documents to that authority together with the prescribed fee in order that particulars of the alteration may be entered therein. (9) If the owner of a motor vehicle fails to comply with sub-section (8), he shall be guilty of an offence and shall be liable to pay, a penalty equivalent to five units of penalty fixed under sub-section (2) of section 353, for each month or fraction thereof of the delay period. (10) A registering authority other than the original registering authority making any such entry shall communicate details of the entry to the original registering authority and to the registering authority which last renewed the certificate of registration and to the authority which issued or last renewed the certificate of fitness. (11) No person in possession of a vehicle under any agreement with the owner shall make any alteration to the vehicle except with the written consent of the registered owner. (12) Any person who makes any alteration to a vehicle in contravention of this section shall be guilty of an offence. Explanation._ For the purposes of this section, "alteration" means a change in the structure of a vehicle which results in a change in its basic feature and consequently the particulars of the vehicle in the record and the certificate of registration. 43. Suspension of registration (1) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction,(a) is in such condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the 113. Suspension of registration._ (1) If the Authority or any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction: (a) is in such condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of this Act or of the rules or regulations made there under, or
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requirements of Chapter VI or of 44 [ regulations] made the thereunder, or (b) has been or is being used, for hire or reward without a valid permit for being used as such, or has been or is being used without a valid certificate of fitness; the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration) for reasons to be recorded in writing, suspend the certificate of registration of the vehicle(i) in any case falling under clause (a), until the defects are remedied to its satisfaction; and (ii) in any case falling under clause (b), for a period not exceeding six months. (2) An authority other than a registering authority shall, when making a suspension order under sub section (1), intimate in writing the fact of suspension and the reasons therefore to the registering authority within whose jurisdiction the vehicle is at the time of the suspension. Where the registration of a motor vehicle has been suspended under sub section (1) for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension; and when the suspension has continued without interruption for a period of not less than six months, the registering authority within whose jurisdiction, the vehicle was when the registration was suspended, may, if it is the original registering authority, cancel the registration, and if it is not the original registering (b) has been or is being used, for hire or reward without a valid permit for being used as such, or a permission or a franchise certificate, or has been or is being used without a valid Authorization certificate, or valid certificate of fitness or valid tax token or without displaying a label or without paying the taxes and fees imposed by any competent authority; the authority may, after giving the owner or the in charge of the vehicle an opportunity of making any representation he may wish to make (by sending to the owner or the in charge, a notice by registered post acknowledgement due at his address entered in the certificate of registration or at his email address, if any or by delivery in person) for reasons to be recorded in writing, suspend the certificate of registration of the vehicle:in any case falling under clause (a), until the defects are remedied to its satisfaction; and in any case falling under clause (b), for a period not exceeding six months or for a period as may be necessary for updating the document in question, whichever is shorter. An authority other than a registering authority shall, when making a suspension order under sub-section (1), intimate in writing the fact of suspension and the reasons therefore to the registering authority within whose jurisdiction the vehicle is or to the registering authority in whose record the vehicle is at the time of the suspension. Where the registration of a motor vehicle has been suspended under sub-section (1) for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension; and when the suspension has continued without interruption for a period of not less than six months, the registering authority within whose jurisdiction, the vehicle was when the registration was suspended, may, if it is the original registering authority cancel the registration, and if it is not the original registering authority, shall forward the certificate of registration to that authority which may cancel it forthwith. The owner or the in charge of a motor vehicle shall, on the demand of the Authority or a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the
(i)
(ii)
(2)
(3)
(3)
(4)
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authority, shall forward the certificate of registration to that authority which may cancel it forthwith. (4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration and any token or card issued to authorise the use of vehicle in a public place. (5) A certificate of registration and any token or card surrendered under sub-section (4) shall be returned to the owner when the order suspending registration has been rescind and not before. 44. Cancellation of registration (1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he resides and shall forward to that authority the certificate of registration of the vehicle together with any token or card issued to authorise the use of the vehicle in a public place, and shall simultaneously send a copy of the report to the authority which issued or last renewed the certificate of fitness. (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. certificate of registration and any token or card or certificate or authorization or permit or franchise certificate issued to authorize the use of vehicle in a public place and the number plate if any, issued by the authority. If the owner or the in charge of a motor vehicle fails to comply with sub-section (4), he shall be guilty of an offence and shall be liable to pay, a penalty equivalent to five units of penalty fixed under subsection (2) of section 353, for each month or fraction thereof of the delay period. A certificate of registration and any token or card or license or permit or certificate surrendered under sub-section (4) shall be returned to the owner when the order suspending registration has been rescind and not before.
(5)
(6)
(3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by 45 such authority as the [ Authority] may by order appoint and, if upon such examination
114. Cancellation of registration._ (1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, or not in use in any road, or has been permanently removed from Bangladesh, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority in whose record the vehicle is, together with proof for the satisfaction of the authority, and shall forward to that authority, the certificate of registration of the vehicle, together with any token or card or authorization or certificate issued to authorise the use of the vehicle in a public place and the number plate if any, issued by the authority, and shall, simultaneously send a copy of the report to the authority which issued or last renewed the certificate of fitness. (2) Any registering authority or the Authority or other prescribed authority may, order the examination of a motor vehicle within its jurisdiction, by the authorized officer or the centre or the station specified under sub-section (1) of section 106, or any other prescribed authority and, if upon such examination and after giving the owner an opportunity to make any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at the address entered in the certificate of registration, or at his email address, if any or by delivery in person) it is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a
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and after giving the owner an opportunity to make any representation he may wish to make (by sending to the owner a post notice by registered acknowledgement due at the address entered in the certificate of registration) it is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration of the vehicle. (4) If a registering authority is satisfied that a motor vehicle has been permanently removed out of Bangladesh, the registering authority shall cancel the registration. (5) A registering authority cancelling the registration of a motor vehicle under section 43 or under this section shall communicate the fact in writing to the owner of the vehicle and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration of the vehicle and any token or card issued to authorise the use of the vehicle in a public place. (6) A registering authority making an order of cancellation under this section shall, if it is the original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records, and, if it is not the original registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records. The expression original registering authority in this section and in sections 39, 40 and 43 means the registering authority in whose records the registration of the vehicle is recorded. (e) public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration of the vehicle with an intimation to the original registering authority. The registering authority in whose record the vehicle is, shall, cancel the certificate of registration of a motor vehicle ifthe vehicle has been permanently removed out of Bangladesh; or the vehicle is destroyed or permanently incapable of use; or the vehicle has ceased to be kept or used on any road in Bangladesh; the registered owner of the vehicle voluntarily requests the registering authority to cancel the registration and returns the certificate of registration and the number plate ( if issued by the authority) or any card or token or authorization, or certificate issued to authorise the use of the vehicle in a public place to the authority; or the registering authority is satisfied from the report made by the owner or by the police, or otherwise that the vehicle has been stolen and not recovered; or the vehicle has been declared condemned by a competent authority, other than on the ground of uneconomic repair; or the use of the vehicle is dangerous or dangerous for public safety; or the vehicle is beyond reasonable repair or a total loss; the registered owner of the vehicle fails to produce the vehicle for examination when required to do so under sub-section (2); or the authority is satisfied that there is not sufficient details to identify the vehicle; or the identifying particulars including the engine and chassis number of the vehicle is unclear, indistinct or tampered; the registration is obtained by fraud or misrepresentation, or on the basis of false documents or other dishonest means; the authorization certificate of the vehicle has been cancelled, or the authorization certificate expired has not been restored or renewed within the time prescribed, or the vehicle exceeds the age limit prescribed for the class or description of vehicle; or the vehicle has been forfeited pursuant to any law; within prescribed time, the vehicle will be destroyed or removed from Bangladesh; the vehicle has been used in the commission of a cognizable offence; or an insurer settles an insurance claim in relation to a registered vehicle on the basis that the vehicle is a total loss. The insurer who settles a claim on the
(3)
(a) (b) (c) (d)
(f)
(g) (h) (i)
(j) (k)
(l)
(m)
(n)
(7)
(o) (p) (q) (r)
(4)
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basis of total loss must, within fourteen days of settling the claim, inform the registering authority in whose record the vehicle is at that time and the original registering authority of the settlement. If any insurer of a motor vehicle fails to comply with sub-section (4), he shall be guilty of an offence and shall be liable to pay, a penalty equivalent to five units of penalty fixed under sub-section (2) of section 353, for each month or fraction thereof of the delay period. A registering authority cancelling the registration of a motor vehicle under section 113 or under this section shall communicate the fact in writing to the owner of the vehicle and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration and any token or card issued to authorise the use of the vehicle in a public place. If the owner of a motor vehicle fails to comply with sub-section (1) or (2) he shall be guilty of an offence and shall be liable to pay, a penalty equivalent to five units of penalty fixed under sub-section (2) of section 353, for each month or fraction thereof of the delay period. A registering authority making an order of cancellation under this section shall, if it is the original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records, and, if it is not the original registering authority, forward the certificate of registration to that authority, and the authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records. For the purpose of this section or the Act, unless the context otherwise refers, the expression "original registering authority" means the registering authority in whose records the registration of the vehicle is recorded. Modified
(5)
(6)
(7)
(8)
(9)
45. Appeals (1) Any owner of a motor vehicle aggrieved by an order of refusal under section 38 to register a motor vehicle or under sub section (1) of section 47 to issue a certificate of fitness or by an order of suspension or cancellation made under section 43 or 44 or by an order of cancellation under sub section (3) of section 47 may, within thirty days of the date on which he has received notice of such order, appeal against the order
115. Appeals._ (1) Any person aggrieved by an order of the Authority or the registering authority or any other authority or officer acting under this chapter or any rules or regulations made there under, after giving a notice of his intention, so to do to the authority which issued the order may, within thirty days of the service on him of the order, appeal to the appropriate appellate authority specified under section 43 which shall decide the appeal: Provided that orders made by the aforesaid authority or officer shall remain in force pending the disposal of the appeal
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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: Provided that orders of the original authority shall remain in force pending the disposal of the appeal unless the appellate authority otherwise directs. 46. Special requirements for registration of transport vehicle Having regard to the number, nature and the size of the tyres attached to the wheels of a transport vehicle, other than a motor cab, its make and model and other relevant consideration, 46 [ Authority] may, by the notification in the official Gazette, specify in relation to each make and model of a transport vehicle the maximum safe laden weight of such vehicles and the maximum safe weight of each axle of such vehicle. 116. Special requirements for transport vehicles. (1) Having regard to the number, nature and the size of the tyres attached to the wheels of a transport vehicle, other than a taxi cab and a 3 wheel vehicle, its make and model and other relevant consideration, the Authority may, by notification in the official Gazette, specify in relation to each make and model of a transport vehicle, the maximum safe laden weight or the train weight of such vehicles and the maximum safe weight of each axle of such vehicle: Provided that the weights so specified in the notification, shall not exceed the limits, as may be determined and fixed by the manufacturer in the owners manual, in respect of the gross vehicle weight and the maximum axle weight for the vehicle. (2) The registering authority, when registering a transport vehicle, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the particulars, as may be prescribed relating to the following: the unladen weight of the vehicle; the number, nature and size of tyres attached to each wheel; the registered laden weight or the train weight of the vehicle and the registered axle weights pertaining to each axle thereof; the overall length, width, height, wheel base and the overhangs; and if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods the number of passengers for whom accommodation is provided; And the owner of the vehicle shall have Modified (2) unless the appellate authority conditionally or unconditionally otherwise directs. The decision of the appellate authority shall be binding upon the authority making the order and the appellant.
(1)
(2) The registering authority, when registering transport vehicle, shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely:(a) the unladen weight of the vehicle; (b) the number, nature and size of tyres attached to each wheel; (c) the registered laden weight of the vehicle and the registered axle weights pertaining to the several axle thereof; and
(a) (b) (c)
(d) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided; and the owner of the vehicle, shall have the same particulars
(d) (e)
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of registration and the registered address of the owner exhibited in the prescribed manner on the vehicle. (3) There shall not be entered in the certificate of registration of any such vehicle any laden weight of vehicle or a registered axle weight of any of its axle different from that specified in the notification under sub section (1) and in relation to the make and model of the vehicle and to the number, nature, and size of tyres attached to its wheels: Provided that where it appears to 47 the [ Authority] that heavier or lighter weights than those specified in the notifications under sub section (1) may be permitted in a particular locality for vehicle of a particular type, 48 the [ Authority] may, by order in the official Gazette; direct that the provisions of this sub section shall apply with such modifications as may be specified in the order. (4) When by reason of any alteration in such vehicle including an alteration in the number, nature or size of its tyres, the registered laden weight of the vehicle or the registered axle weight of any of its axles no longer accords with the provisions of sub section (3), the provisions of section 42 shall apply and the registering authority shall enter in the certificate of registration of the vehicle revised registered weight which accords with the said sub section. (5) In order that registered weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of sub section (3), the registering authority may require, the owners of transport vehicle in accordance with such procedures as may be prescribed, to produce the certificate of registration within such time as may be specified by the registering authority. (6) Till such time the notification (3) the same particulars of registration and the registered address of the owner and the name of route exhibited in the prescribed manner on the vehicle. There shall not be entered in the certificate of registration of any such vehicle any laden weight or train weight of vehicle or a registered axle weight of any of its axle different from that specified in the notification under sub-section (1) and in relation to the make and model of the vehicle and to the number, nature, and size of tyres attached to its wheels: Provided that where it appears to the Authority that heavier or lighter weights than those specified in the notifications under sub-section (1) may be permitted in a particular area or route for vehicle of a particular type, the Authority may by order in the official Gazette; direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order. (4) When by reason of any alteration in such vehicle including an alternation in the number, nature or size of its tyres, the registered laden weight or the train weight of the vehicle or the registered axle weight of any of its axles no longer accords with the provisions of sub-section (3), the provisions of section 112 shall apply and the registering authority shall enter in the certificate of registration of the vehicle revised registered weight which accords with the said sub-section. In order that registered weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of sub- section (3), the registering authority may require the owners of transport vehicle in accordance with such procedures as may be prescribed, to produce the certificate of registration within such time as may be specified by the registering authority. In the absence of any notification under sub-section (1), the maximum safe laden weight or the train weight of a transport vehicle and the maximum safe axle weight in respect of any of its axle may, however, be determined, keeping in view, the recommendations of the manufacturer in respect of such weights, and shall not be fixed higher than that recommended. Any owner who fails to exhibit the particulars specified under sub-section (2) in the manner prescribed shall be guilty of an offence.
(5)
(6)
(7)
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under sub section (1) is issued, the maximum safe laden weight of a transport vehicle and the maximum safe axle weight in respect of any of its axle may, however, be calculated in accordance with the Seventh Schedule. 47. Certificate of fitness of motor vehicle (1) Subject to the provisions of section 48, no motor vehicle other than the motor vehicles as may be prescribed shall be deemed to be validly registered for the purposes of section 32, unless it carries a certificate of fitness in Form J' as set forth in the First Schedule, issued by the Inspector of Motor Vehicles or any other prescribed authority, to the effect that the vehicle complies for the time being with all the requirements of Chapter VI and the rules made thereunder; where the Inspector of Motor Vehicles or any other prescribed authority refuses to issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. (2) The [ Authority] may make [ regulations] subject to which the certificate of fitness of motor vehicles may be renewed by the registered motor workshops specially authorised in this behalf 51 [ Authority] by by the notification in the official Gazette.
52 49 50
117. Certificate of Fitness of Motor Vehicles._ (1) Subject to the provisions of sections 37 and 118, except otherwise prescribed or exempted, no motor vehicle shall be deemed to be validly registered for the purposes of this Act, unless it carries a certificate of fitness in such form, containing such particulars and information as may be prescribed; issued by the authorized officer or the centre or the station specified under sub-section (1) of section 106, or any other prescribed authority, after such inspection and test, and in accordance to such procedure as may be prescribed, to the effect that the vehicle complies for the time being with all the requirements of this Act and the rules and regulations made there under. Where the officer, authority or the centre or the station as aforesaid in sub-section (1), refuses to issue such certificate, it shall supply the owner or his authorized representative or the incharge of the vehicle with its reasons in writing for such refusal. The Authority may make regulations, subject to which the certificate of fitness of motor vehicles, other than transport vehicles, may be, issued or renewed by the authorized officers or the approved vehicle inspection centres or vehicle testing stations specified under subsection (1) of section 106, or any other prescribed authority, authorised or approved in this behalf by the Authority in accordance to the procedures prescribed. Subject to the provision of sub-section (5), a certificate of fitness shall remain effective for such period as may be prescribed for different class or type of vehicle, but in any case not less than six months for vehicles more than fifteen years old, and not more than two years for vehicles less than fifteen years old, having regard to the quality of the vehicle make and objects of this Act. Any Inspector of Motor Vehicles or any authorized officer or other prescribed authority, having requisite technical
Modified
(2)
(3)
[ (3) Subject to the provision of subsection (4), a certificate of fitness shall remain effective for a period of one year to be specified in the certificate by the issuing authority.]
(4)
(4) Any Inspector of Motor Vehicles or other 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 53 and the [ rules or regulations] made thereunder; and on such cancellation or on the expiry of
(5)
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the certificate of fitness the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained and the owner of such motor vehicle shall surrender to the registering authority within whose jurisdiction he resides any token or card issued to authorise the use of the vehicle in a public place. (5) Any token or card surrendered under sub section (4) shall be returned to the owner when a fresh certificate of fitness has been obtained. (6) A Certificate of fitness issued under this Ordinance shall, while it remains effective, be valid throughout Bangladesh unless otherwise specified by the issuing authority. 152. Using of motor vehicle without registration or certificate of fitness or permit (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used or let out a motor vehicle for use in contravention of the provisions of section 32 or without the certificate of fitness under section 47 or the permit required by sub section (1) of section 51 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used or to the maximum of passengers and maximum weight of luggage that may be 151 [ shall carried on the vehicle, be punishable for a first offence with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand Taka, or with both and for any subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand Taka, or with both.] (2) Nothing in this section shall (6) qualification as may be prescribed, may, for reasons to be recorded in writing, suspend or cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates, no longer complies with the requirements of this Act and the rules or regulations made thereunder; and on such suspension or cancellation, or on the expiry of the certificate of fitness, the certificate of registration of the vehicle, and any Authorization certificate or permit granted in respect of the vehicle shall be deemed to be of no effect until a new certificate of fitness has been obtained, and the owner of such motor vehicle shall, surrender to the registering authority in whose record the vehicle is or within whose jurisdiction he resides, any token or .card, or license or permit issued to authorise the use of the vehicle in a public place. If the owner of a motor vehicle fails to comply with sub-section (5), he shall be guilty of an offence and shall be liable to pay, a penalty equivalent to five units of penalty fixed under sub-section (2) of section 353, for each month or fraction thereof of the delay period. Any token or card surrendered under subsection (5) shall be returned to the owner when a fresh certificate of fitness has been obtained and not before. A Certificate of fitness issued under this Act shall, while it remains effective, be valid throughout Bangladesh unless otherwise specified by the issuing authority. Subject to the exceptions or exemptions granted under this Act, a person, who uses on a road at any time, or causes or permits to be so used, a motor vehicle in respect of which there is no certificate of fitness in force, shall be guilty of an offence.
(7)
(8)
(9)
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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 to the Regional Transport Committee within seven days. 48. Registration of vehicles, the property of the Defence Services (1) The authority 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 Defence Services; and any vehicle so registered shall not, so long as it remains the property or under the exclusive control of the Defence Services, require to be registered otherwise under this Ordinance. (2) A motor vehicle registered under this section unless otherwise prescribed shall carry a certificate of fitness in Form J' as set forth in the First Schedule issued by the authority referred to in sub section (1). (3) An authority registering a vehicle under sub section (1) shall assign a registration mark in accordance with the provisions contained in the Fourth Schedule and shall issue a certificate in respect of the vehicle that the vehicle has been registered under this section. If a vehicle registered under this section ceases to be the property or under the exclusive control of the Defence Services, the provisions of section 33 shall thereupon apply. 118. Registration of motor vehicles of the Armed Forces._ (1) Any officer authorized in this behalf by the Chief of Staff of the respective Armed Forces may register any motor vehicle which is the property or for the time being under the exclusive control of the Armed Forces; and any vehicle so registered shall not, so long as it remains the property or under the exclusive control of the Armed Forces, require to be registered otherwise under this Act. An authority registering a vehicle under sub-section (1) shall assign to the vehicle for display thereon in the prescribed manner a registration mark and shall issue, for carrying in the vehicle, a certificate in respect of the vehicle that the vehicle has been registered under this section. A motor vehicle registered under this section shall comply with all the requirements of this Act as well as the rules and regulations made there under unless exempted from such compliance under powers conferred by this Act and shall carry a certificate of fitness issued by such authority in such forms as may be prescribed. If a vehicle registered under this section ceases to be the property or under the exclusive control of the Armed Forces, the provisions of sections. 91, 100 and 101 shall thereupon apply. The authority registering a vehicle under sub-section (1) shall furnish to the Government or to the Authority all such information regarding the general nature, overall dimensions, construction, weight, equipment, age and use of the vehicle as the Government or the Authority may at any time require. Modified
(2)
(3)
(4)
(4)
(5)
(5) The authority registering a vehicle under sub section (1) shall furnish to the Government all such information regarding the general nature, overall dimensions, and axle weight of the vehicle as the Government
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may at any time require. 49. Application of Chapter IV to trailers (1) The registration mark assigned to a trailer shall be displayed in the prescribed manner on the side of the vehicle. (2) No person shall drive a motor vehicle to which a trailer is or trailers 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. 119. Application of this Chapter to trailers._ (1) The provisions of this Chapter shall apply to the registration of trailers as they apply to the registration of any other motor vehicle unless due to their very nature can have no application. The registration mark assigned to a trailer shall be displayed in the prescribed manner on the vehicle. No person shall drive a motor vehicle to which a trailer is or trailers are attached unless the registration mark of the motor vehicle drawing the trailer or trailers is displayed in the prescribed manner on the trailer or on the last trailer in the train, as the case may be. Any person who uses on a road at any time, or causes or permits to be so used, a trailer in contravention of this section shall be guilty of an offence. Inserted new Modified
(2)
(3)
(4)
120. Exemptions._ The Government may by notification in the official Gazette exempt any vehicles or any class or description of vehicle or person from the provision of this Chapter subject to such conditions as it may deem fit. (a) (b) 50. Power to make 54[ regulations (1) The 55[ Authority may make regulations] for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, 56[ such regulations] may provide for(a) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees; (b) the appointment, functions and jurisdiction of registering and other prescribed authorities and authorities for the supervision of the business of the registering authorities; (c) the issue of certificate of registration and the certificate of fitness and duplicate of such certificates to replace the 121. Power to make regulations._ (1) The Authority may make regulations for the purpose of carrying into effect or to supplement the provisions of this Chapter. Without prejudice to the generally of the foregoing power, such regulations may provide for the submission, conduct and hearing of appeals, the period within which appeal may be preferred and disposed off under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees; the appointment, functions and jurisdiction of registering and other prescribed authorities and authorities for the supervision of the business of such authorities; the registration of dealers and the issue of manufacturer's certificate; the information and the particulars to be furnished by the seller and buyer of vehicles; keeping and use of vehicles by the manufacturer, dealer, importer or repairer under a license or no license, with or
Modified
(2)
(c)
(a)
(d)
(b)
(e)
(c) (d)
(f)
(e)
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certificates lost, destroyed or mutilated; (g) (d) the temporary registration of motor vehicles, and the issue of temporary certificates of registration and marks; (e) the manner in which registration marks and the particulars referred to in sub section (2) of section 46, and other prescribed particulars shall be exhibited; (f) the fees to be charged for the issue or alteration of certificate of registration for making or cancelling an endorsement in respect of an agreement of hire purchase or hypothecation on a certificate of registration, for certificate 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 certificate of registration and by owners of vehicles registered outside Bangladesh 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 certificate of fitness pending consideration of applications for their renewal; (l) the exemption from the provisions of this Chapter, and the condition and fees for exemption, of motor vehicles in the possession of dealers; (m) the exemption of road without registration or fitness; (f) (g) the class and type of vehicle and trailer for registration purposes; the procedure relating to the tender of registration numbers, out sourcing of vehicle registration and fitness related functions, licensing and certification of persons for inspection and testing, weighing, measuring of vehicles; the deregistration of motor vehicles that are permanently unfit or not worthy of repair due to serious accidents, old age or other causes or where the chassis number thereof has been tampered with or not traceable or illegible; the submission of application for registration, transfer of ownership, certificate of fitness, change of address, alteration in motor vehicle, and the documents, particulars, information and evidence to accompany such applications, and the procedures and the requirements to be complied with, the period within which these may be submitted and disposed off; the grounds on which and the authority by which the certificate of registration and the certificate of fitness may be refused, suspended, cancelled or varied or restored and the procedures to be followed in such cases and in case of surrender of such certificates; re-registration of vehicle, retention, reservation and transfer of registration marks and plates, display of labels, registration marks and plates; the inspection, testing, weighing and measuring of motor vehicles and trailers and the submission of reports thereof; re-building, prohibiting the re-building of vehicle which has been declared by the competent authority permanently in capable of use, dangerous for use or dangerous for public safety or a total loss or scrap and their disposal; the alteration and modification of motor vehicles and the procedures for submission and approval; taking of photograph for inclusion in the certificate of registration, or as proof of ownership or for other use under this Chapter; regulating the registration, the periodic and random inspection and test of vehicles, the frequency of such inspection and test, the issue, refusal and renewal of certificate of registration and the certificate of fitness, the period of effectiveness of
(h)
(h)
(i)
(i)
(j)
(j)
(k)
(k)
(l)
(l)
(m)
(m)
(n)
(n)
(o)
(o)
(p)
(p)
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rollers, graders and other vehicles designed and used solely for the construction, repair and cleansing of roads from all or any of the provisions of this Chapter and the 57[ regulations] made thereunder, and the conditions governing such exemption; and the conditions subject to which the provisions of section 47 shall apply to the classes of motor vehicles other than transport vehicles; and (q) (n) any other matter which is to be or may be prescribed. the certificates, and the duplicate of such certificates, to replace the certificates lost, destroyed or mutilated and the issue of no objection certificate for such purposes and the appeal that may be preferred against any refusal or rejection; (q) (r) regulating the registration, keeping and use of heavy and medium vehicles; the nature of, frequency and the procedure for inspection and test, the type of equipment and the system to be used for the inspection and test, the repair, maintenance, calibration and testing of apparatus or equipment for inspection and test. the use of a vehicle inspection centre and the apparatus and equipment therein by an authorized road transport officer or Inspector of Motor Vehicles for random and other inspection and test by him at a vehicle inspection centre; regulating the licensing and registration of persons for inspection and test of vehicles, their qualifications and competency and employment and issue of test certificate; regulating the entry and exit, registration, keeping and use of vehicles brought by the persons resident outside for temporary stay in Bangladesh and maintaining of records thereof either in manual or electronic form or by using other facilities; the temporary registration of motor vehicles, and the issue of temporary certificates of registration and marks; the size, shape and character of the identification marks or the signs to be fixed on any vehicle and the manner in which those marks or signs are to be secured, sealed, displayed and rendered easily distinguishable by night or by day and to prohibit those marks, signs and seals from being tampered with; the manner in which registration marks and the particulars referred to in subsection (2) of section 116, and other prescribed particulars shall be marked and exhibited; the levy of tax and/or fees to be charged or deposits to be made for the keeping or use of a foreign vehicle in Bangladesh, or for the issue, renewal or alteration of certificate of registration, for re-registration of vehicle, for making or cancelling an endorsement in respect of an agreement of hire purchase or hypothecation or loan or conditional sale on a certificate of registration, for issue and renewal of
(s)
(t)
(u)
(v)
(w)
(x)
(y)
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certificate of fitness, change of address, transfer of ownership, for registration marks, or plates and for the examination or inspection of motor vehicles, and the refund or forfeiture of such tax or fees or deposits, the manner in which such tax or fees may be collected including the use of electronic, computerized or other facilities; (z) registration of electronic service agents, the use of electronic service, submission, correction of errors or amendment of any documents, filed or submitted through the authorized or registered electronic service agent;
(aa) the amount and the manner in which any fee, tax, levy, deposit and other charges payable under this Chapter are to be fixed and paid when any document is filed or submitted through the authorized or registered electronic service agent; (bb) the exemption of prescribed persons or prescribed classes of persons or vehicles from payment of all or any portion of the fees payable under this Chapter;
(cc) the forms to be used for the purposes of this Chapter, the particulars and information these shall contain and the manner of filling up and submission thereof; (dd) the registers and records to be maintained for the purposes of this Chapter, the particulars and information these shall contain and the manner how they shall be maintained including the use of electronic, computerized or other facilities; (ee) the communication between registering authorities or other authorities or officers of particulars of license or certificate of registration and by owners of vehicles registered outside Bangladesh of particulars of such vehicles and of their registration; (ff) the particulars to be furnished by the owner of any motor vehicle or other person to the registering authority, upon the transfer of possession of the motor vehicle under the terms of a hiring agreement or loan agreement or conditional sale agreement or hypothecation agreement;
(gg) the extension of the validity of a certificate of registration, certificate of fitness pending consideration of applications for their renewal or on temporary removable of vehicle to the area of another authority; (hh) the production of certificates of registration, certificate of fitness or any other certificate, before the registering
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authority or other authority or officer, for examination and the revision of entries, particulars therein; (ii) prohibition of registration of motor vehicles and issue of certificate of fitness beyond a prescribed age limit; the exemption from the provisions of this Chapter, and the condition and fees for exemption, of motor vehicles in the possession of dealers and manufacturers;
(jj)
(kk) the exemption of a particular motor vehicle or classes of motor vehicle or a particular person or classes of persons, from all or any of the provisions of this Chapter and the conditions governing such exemptions; (ll) any other matter which is to be or may be prescribed.
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Contents
CHAPTER VII : PERMIT FOR TRANSPORT VEHICLES .......................................................... 150 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. Requirement of permit._ ................................................................................................. 150 Persons disqualified for permit._ .................................................................................. 151 Carriage of goods for hire or reward._ ........................................................................ 152 Regional Transport Authority._ ..................................................................................... 154 Applications for permits._ ............................................................................................... 155 Considering an application for a permit._ ................................................................... 157 Duration of permit._ ........................................................................................................ 171 General conditions attaching to all permits._ ............................................................ 172 Suspension and cancellation of permits._ ................................................................... 174 Extent of validity of a permit._ ...................................................................................... 177 Exhibition of permit._ ...................................................................................................... 179 Exemption of vehicles from permit._ ........................................................................... 179 Seizure of vehicles without permit._ ............................................................................ 181 Appeals._ ............................................................................................................................ 182 Restriction of hours of work of workers._ ................................................................... 183 Voidance of contracts restrictive of liability._ ............................................................ 184 Agent or canvasser to obtain license._ ........................................................................ 184 Power to make regulations as to public service vehicles._ ..................................... 186 Power to make regulations._ ......................................................................................... 189
7-i
Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -VII
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER V CONTROL OF TRANSPORT VEHICLES 51. (1) Necessity for permits No owner of transport vehicle shall use or permit the use of the vehicle in any public place, save in accordance with the conditions of a permit granted or countersigned by a Transport Committee authorising the use of the vehicle in that place in the manner in which the vehicle is being used: Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage: Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods vehicle either when carrying passengers or not: Provided further 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. In determining, for the purpose of this Chapter whether a transport vehicle is or is not used for the carriage of goods for hire or reward, (a) the delivery or collection by or on behalf of the owner of goods sold, used or let on hire or hire purchase in the course of any trade or business carried on by him other than the trade or business of providing transport, (b) the delivery or collection by or on behalf of the owner of goods which have been or are to be subjected to a process or treatment in the course of a trade or business carried on by Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER VII : PERMIT FOR TRANSPORT VEHICLES 122. Requirement of permit._ (1) Subject to the provisions of this Chapter, and the rules or regulation made there under, no person shall use, or cause or permit a transport vehicle to be used, on a road or in a public place, unless there is in force, in respect of the transport vehicle, a valid permit issued under this Chapter authorizing such use, or otherwise than in accordance with the permit and any conditions attached thereto: Provided that the operator of a public transport service, licensed under Chapter VIII, shall be required to have either a permission or a franchise certificate, as the case may be, for every such vehicle, issued in lieu of a permit, authorizing the use of the vehicle on the road(s) or route(s) or area specified therein, which shall have to be displayed in the respective vehicle, in the prescribed manner. (2) Any person who contravenes sub-section (1) shall be guilty of an offence; and any police officer in uniform or any authorized road transport officer or other authorized officer or person may, arrest any such person without warrant: Provided that a person shall not be convicted of an offence under this subsection, if he proves to the satisfaction of the court that he used the motor vehicle, the subject of the charge, in an emergency for the purpose of conveying a sick or injured person to hospital or to bring medical aid to such person. (3) Any person, who permits or lends for use a permit or permission or a franchise certificate or an operators license by another person or vehicle, he shall be guilty of an offence. Remarks Proposed a new law to replace the MVO 1983 Modified Modified
(2)
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him, or (c) the carriage of goods in a transport vehicle by a manufacturer of or agent or dealer in such goods whilst the vehicle is being used for demonstration purposes, shall not be deemed to constitute a carrying of the goods for hire or reward; but the carriage in a transport vehicle of goods by a person not being a dealer in such goods who has acquired temporary ownership of the goods for the purposes of transporting them to another place and their relinquishing ownership shall be deemed to constitute a carrying of the goods for hire or reward. 123. Persons disqualified for permit._ (1) (a) (b) A permit under this section shall not be issuedto any person who is a minor; or to a person who has been previously disqualified to hold a permit or whose permit has been revoked; or to any person who fails to submit the application for a permit along with such deposits, taxes, levy, declaration, statutory declaration, evidence, documents, particulars and information as may be specified by the authority concerned or prescribed; or to any person, who fails to satisfy the authority concerned, with proper evidence, certificates or documents that he has experience and ability to maintain and operate satisfactory, safe and efficient vehicle(s) and that he has adequate parking, depot and garage facilities in respect of all vehicles and trailers or semitrailers, being operated or likely to be operated under the permit, for the period for which the permit is applied for grant or renewal; or to a person who is under arrest, or in the custody or in jail; or to a person who used a motor vehicle in committing a criminal offence; or to the vehicle which has been used in the commission of a criminal offence; or to any vehicle which does not comply with such conditions as to construction, fitness and equipment or otherwise as may be prescribed; and Inserted new
(c)
(d)
(e) (f) (g) (h)
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(i) (2) any permit previously issued to such persons or vehicles shall be cancelled. Any person who contravenes this section shall be guilty of an offence. Modified
124. Carriage of goods for hire or reward._ In determining for the purpose of this Chapter whether a transport vehicle is or is not used for the carriage of goods for hire or reward(a) the delivery or collection by or on behalf of the owner of goods sold, used or let on hire or hire purchase in the course of any trade or business carried on by him other than the trade or business of providing transport; the delivery or collection by or behalf the owner of goods which have been are to be subjected to a process treatment in the course of a trade business carried on by him; or of or or or
(b)
(c)
the carriage of goods in a transport vehicle by a manufacturer of or agent or dealer in such goods whilst the vehicle is being used for demonstration purposes; shall not be deemed to constitute a carrying of the goods for hire or reward; but the carriage in a transport vehicle of goods by a person not being a dealer in such goods who has acquired temporary ownership of the goods for the purposes of transporting them to another place and their relinquishing ownership shall be deemed to constitute a carrying of the goods for hire or reward.
52. (1)
Power to the Government to control road transport The Government, having regard to(a) the advantages offered to the public, trade and industry by the development of motor transport, and (b) the desirability of co ordinating road and rail transport, and (c) the desirability of preventing the deterioration of the road system, and (d) the desirability of preventing uneconomic competition among motor vehicles, and after having heard the representatives of the interests affected and having consulted 61 [ Authority], may by the notification in the official Gazette,-
Transferred to Ch 2 section 35
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(i) prohibit or restrict throughout Bangladesh or in any area or on any route within Bangladesh, 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; (ii) fix maximum or minimum fares or freights for stage carriages, contract carriages and public carriers to be applicable throughout Bangladesh or within any area or on any route within Bangladesh; or (iii) disallow the use as transport vehicle, any vehicle or class of vehicle manufactured prior to a particular year. (2) The Government shall permit at such intervals of time as it may fix, the interests affected by any notification issued under sub section (1) to make representations urging the cancellation or variation of the notification on the following grounds, namely:(a) that the railways are not giving reasonable facilities or are taking unfair advantage of the action of the Government under this section; or (b) that conditions have changed since the publication of the notification; or (c) that the special needs of a particular industry or locality require to be considered afresh. (3) If the Government, after considering any representation made to it under sub section (2) and having heard the representatives of the interests 62 affected and the [ Authority], is satisfied that any notification issued under sub section (1) ought to be cancelled or varied, it may cancel the notification or vary it in such manner as it thinks fit. 53. Power of Government to issue orders and directions The Government may issue Transferred to Ch 2 section 36
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such orders and directions, as it may consider necessary in respect of any matter relating to road transport or on any matter not provided in this Ordinance, to the Authority and the Authority shall give effect to all such orders and directions. 54. (1) Transport Committees The Authority shall, by notification in the official Gazette, constitute Transport Committees to exercise and discharge throughout such areas, in this Chapter referred to as regions, as may be specified in the notification, in respect of each Transport Committee, the powers and functions conferred by or under this Chapter on such Committees: Provided that the area specified as the region of a Transport Committee shall in no case be less than an entire district or the whole of a metropolitan area. [ (2) A Transport Committee shall consist of such number of officials and non-officials as the Authority may think fit to appoint: Provided that there shall be at least one representative from the Road Transport Owners Association registered under the Trade Organisations Ordinance, 1961 (XLV of 1961), and another representative from the Road Transport Workers Union registered under the Industrial Relations Ordinance, 1969 (XXIII of 1969), who shall be appointed in such manner as may be prescribed.] (3) A Transport Committee, if authorised in this behalf by regulations made under section 81, may delegate such of its powers and functions to such authority or person and subject to such restriction, limitations and conditions as may be prescribed by the said regulations.] (5)
64
125. Regional Transport Authority._ (1) Any prescribed public body or body of persons or authority or officer who has had experience in road transports and road traffic matters and also as an adjudicating authority competent to pass any order or take any decision under any Regional Transport law shall be the Authority in brief RTA, for such Districts or Metropolitan areas, or part thereof, as the Authority may consider it necessary to appoint by notification in the official Gazette, to exercise and discharge through out such areas as may be specified in the notification, powers and functions conferred or imposed on a Regional Transport Authority by or in pursuance of this Act or any rules or regulations made there-under or as may be necessary to control and regulate the road transport services efficiently in the respective areas to be called a region. A Regional Transport Authority shall in the discharge of its functions save as otherwise provided by or under this Act give effect to and be guided by any direction issued by the Government or by the Authority. A Regional Transport Authority, if authorized in this behalf by regulations made under section 114, may delegate such of its powers and functions to the Regional Transport Officer in brief RTO having jurisdiction over the area and subject to such restrictions, limitations and conditions as may be prescribed by the said regulations. A Regional Transport Authority may from time to time by notification in the official Gazette fix, a limit on the maximum number of permit for any route or area, and the maximum number of vehicles of any class which may be operated with reference to their capacity, age, manufacturer, model, dimensions, weight, equipment, standards for fitness or any other criteria; and there shall not be issued any permit in excess of the number so fixed. Any person who contravenes sub-section (4) shall be guilty of an offence.
Modified
(2)
(3)
(4)
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(6) (a) The Authority shallperform the duties of a Regional Transport Authority where there is no such authority, and if it thinks fit or if so required, perform those duties in respect of any route or matter common to two or more regions, or the routes or areas subject of franchise, or BRT service and competitive bids; hear appeal against the decision of a Regional Transport Authority, or officers or to whom-power has been delegated under the Act or any rules or regulations made there under; discharge such other functions as it deems necessary or as may be prescribed or as may be assigned by the Government. Transferred to Ch 2 section 34
(b)
(c)
55. (1)
(2)
Road Transport Advisory Council, etc In order to facilitate a forum of discussion of the problems in the road transport sector and also for the ventilation of grievances of the owners as well as road transport workers, the Government may, by notification in the official Gazette, constitute a Road Transport Advisory Council for the whole of Bangladesh and Road Transport Advisory Committee one for each regions consisting of such number of members as it thinks necessary from the officials, transport owners, transport workers and other experienced persons as 65 [ shall] be specified in the notification. The Council or the Committee so constituted under sub section (1), shall meet at least once in three months unless otherwise directed and submit its recommendations, by the 66 former to the [ * * *] Authority and by the latter to the Transport Committee, as the case may be. General provisions as applications for permits to 126. Applications for permits._ (1) An application for a permit shall be made by the owner of such vehicle, or by an operator, to the Regional Transport Authority having jurisdiction over the area or the region, where it is proposed to operate the vehicle, and has either his residence or place of business, or in case, the proposed route or area extends over
57. (1)
Modified
Every application for a permit shall be made to the Transport Committee of the region or in the case of more than one regions to the Transport Committee in whose functional area includes major portion of
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the route where it is proposed 69 [ or in to use the vehicle whose area the journey may commence or terminate.] Notwithstanding anything contained in sub-section (1), the 70 [ Authority] may, by notification in the official Gazette, direct that in the case of a vehicle or a particular class of vehicles proposed to be used in two or more regions, or in particular area or route, the application under that sub 71 section shall be [ made to it]. the jurisdiction of two or more regions, to the Authority or to any other designated officer or authority as may be prescribed or notified by the Authority: Provided that an application for a permit relating to a public carrier or a private carrier or a private service vehicle or a rental vehicle, to be operated in two or more regions, may be made to the RTA of the area where the applicant resides or has his place of business, if so prescribed or notified by the Authority. (2) A permit may be applied for, granted, renewed or varied or refused or countersigned or transferred by the authority concerned, in accordance to such procedures and on such terms and conditions as may be prescribed or any other conditions as it may consider fit to impose including the conditions specified under section 129. The authority granting, renewing or varying or counter signing or transferring a permit, may require the applicant to pay any prescribed fees, taxes, levy or deposits and to comply with any prescribed requirements, qualifications and experience. When an application for a permit of any kind or for the renewal of a permit is refused, the authority refusing it, shall give to the applicant in writing its reasons for such refusal. A permit other than a temporary permit shall not be suspended or cancelled, unless the holder of the permit is given a notice in writing to submit his explanation. A temporary permit may be cancelled at any time by the authority which issued it or by the Authority or by any prescribed authority without assigning any reasons. Every permit and the application for such a permit or for its renewal or variation or transfer or counter signature shall be in such form and shall contain such particulars as may be prescribed. Subject to the provisions of this Act, or the rules or regulations made there under, a permit under this Chapter shall be granted for the purposes and for the vehicle(s) specified in the application, or with such variation as the authority issuing the permit deems appropriate, and shall not entitle the person to whom it is issued, to operate any other vehicle, or greater number of vehicle, or use the vehicle in any other route, or area or time or day or
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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for the purpose not specified in the permit. (9) The Authority may from time to time prescribe, or by notification in the official Gazette fix, a limit on the maximum number of permit for any route or area, and the maximum number of vehicles of any class which may be operated under a permit with reference to their capacity, age, manufacturer, model, dimensions, weight, equipment, standards for fitness or any other criteria; and there shall not be issued any permit in excess of the number so prescribed or fixed.
(10) Any Regional Transport Authority may, considering the volume of freight and passenger, or to avoid uneconomic or unhealthy competition among the operators, in the respective jurisdiction, with the approval of the Authority, limit the number of permits to be granted in a particular route or area. 58. Application for stage carriage permit An application for a permit in respect of service of stage carriages or to use a particular motor vehicle as a stage carriage (in this Ordinance referred to as a stage carriage permit) shall, as far as may be, contain the following particulars, namely:(a) the routes or the areas to which the application relates; (b) the number of vehicles it is proposed to operate on a route or areas, different routes or areas and the type and seating capacity of each such vehicle and also the number of vehicles intended to be kept in reserve to maintain the service and to provide for special occasions; (c) the minimum and maximum number of daily trips proposed to be provided in relation to each route or area and the time table of the normal trips; (d) the fare table, if any, for the different classes of passengers for different stages in relation to each route or area, or if there is no such fare table, proposed rate of fare per mile per passenger for different classes which it is proposed to be charged; (e) the weight or luggage per passenger of the different 127. Considering an application for a permit._ (1) In considering an application for a permit, the authority shall have regard to the following matters if the application for the permit relates to a public service vehiclethe interest of the public generally; the advantages to the public of the service to be provided including the saving of time likely to be effected thereby and any convenience arising from journey not being broken; the demand for services proposed and the type of vehicles proposed to be used by the applicant in providing the service; the adequacy of other passenger transport service operating or likely to operate in near future, whether by road or other means, between the places to be served; the benefit to any particular locality or localities likely to be effected by the service; the operation by the applicant or other transport service including those in respect of which applications for permits are pending; Modified
(a)
(i) (ii)
(iii)
(iv)
(v)
(vi)
(vii) if the applicant is likely to provide a satisfactory service to the passengers, intending passengers or other users or members of the public in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of
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classes which it is proposed to carry free of charge, and the charge that will be made for the carriage of excess luggage; (f) the arrangement intended to be made for the housing and repair of vehicles, for the comfort and convenience of passengers and for the storage and safe custody of luggage; and specified standards of comfort and cleanliness shall be maintained in the vehicle (g) such other matters as may be prescribed. Explanation. For the purpose of this section, sections 60 and 69, trip means a single journey from one point to another and every journey shall be deemed to be a separate trip. charges and general efficiency; (viii) any representation made by persons already providing road transport facilities along or near the proposed route or area or by any association representing persons interested in the provision of road transport facilities recognized in this behalf by the government; (ix) the conditions of the roads included in the proposed route or area; and if the proposed route or area is other than a franchised route or area; the conditions of the vehicle for which the permit is desired, so as to its construction, fitness and equipment or otherwise, as may be fixed by the authority or prescribed; any representation made by local authority or police authority within whose jurisdiction any part of the proposed route or area lies; and
(x)
(xi)
(xii) any representation of residents from where the service is proposed to be operated; (xiii) any other matter which the authority concerned thinks relevant; (b) if the application for the permit relates to a public carrier or a private carrier or a private service vehicle the matters specified under sub-clauses (ix), (x), (xi), (xii) and (xiii) of clause (a); the matter under sub-clause (iii) of clause (a) also, in case of a public carrier; and the possibility of use of the vehicle otherwise than the purposes for which the permit is desired. The authority concerned may, having regard to the matters mentioned in subsection (1), limit the number of public service vehicles generally or of any specified type for which permits may be granted in the region or in any specified route within the region or regions. Notwithstanding anything contained in this Act, or in any other law for the time being in force, but subject to any rules or regulations that may be made in this behalf under this Act or any conditions that may be imposed, the Authority may, for the purpose of promoting tourism, grant in respect of tourist vehicles such number of permits for the whole or any part of Bangladesh as it considers necessary.
(i) (ii) (iii)
(2)
(3)
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(4) All conditions being satisfied, the authority concerned or person to whom power has been delegated under section 17 or subsection (3) of section 125 may grant or renew a permit at any time if the required vacancy exists subject to the approval on a later date of the Authority or the Regional Transport Authority, as the case may be. Would be deleted, since necessary provisions have been incorporated in other sections
59.
(1)
Procedure of Transport Committee in considering application for stage carriage permit A Transport Committee shall, in considering an application for a stage carriage permit, have regard to the following matters, namely:(a) the interest of the public generally; (b) the advantages to the public of the service to be provided, including the saving of time likely to be effected thereby and any convenience arising from journey not being broken; (c) the adequacy of other passenger transport service operating or likely to operate in near future, whether by road or other means, between the places to be served; (d) the benefit to any particular locality or localities likely to be effected by the service; (e) the operation by the applicant or other transport service including those in respect of which applications for permits are pending; (f) the conditions of the roads included in the proposed route or area; (g) whether the vehicle is roadworthy and mechanically fit, and shall also take into consideration any representation made by persons already providing by any means along or near the proposed route or area or by any association representing persons interested in the provision of road transport facilities recognised in this behalf by the Government or by local authority or police authority within whose jurisdiction any part of the proposed route or area lies:
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Provided that other condition being equal, an application for a stage carriage permit from a co operative society registered or deemed to have been registered under any enactment in force for the time being shall, as far as may be, given preference over applications from individual operators. (2) A Transport Committee may, having regard to the matters mentioned in sub section (1), limit the number of stage carriage generally or of any specified type for which stage carriage permits may be granted in the region or in any specified route within the region. 60. Grant of stage carriage permits (1) Subject to the provisions of section 59, a Transport Committee may, on an application made to it under section 58, grant a stage carriage permit in accordance with the application or with such notifications as it deems fit or refuse to grant such a permit: Provided that a permit granted in a modified form shall not be made valid for any route not specified in the application thereof unless the applicant and existing operators providing passenger transport facilities in or near that route have been given an opportunity of being heard. Every stage carriage permit shall be expressed to be valid only for a specified route or for a specified area. A Transport Committee, if it decides to grant a stage carriage permit, may grant the permit for a service of a stage carriage of specified description or for one or more particular stage carriages and may, 72 subject to any [ regulations] that may be made under this Ordinance, attach to the permit any one or more of the following conditions, namely:Would be deleted, since necessary provisions have been incorporated in other sections
(2)
(3)
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(i) that the service or services or any specified part thereof shall be commenced with effect from a specified date or dates; (ii) the minimum and maximum of daily trips to be provided in relation to any route or area generally or on specified days and occasions; (iii) that the copies of time table of the service or of particular stage carriage approved by the Transport Committee shall be exhibited on the vehicles and at the bus stands and halts on the route or within the area as the Transport Committee may, from time to time, specify; (iv) that the service shall be operated within such margins of deviation from the approved time table as the Transport Committee may from time to time specify; (v) that on certain routes or in a certain areas or places passengers or goods shall not be taken up or set down except at specified places specified by the Transport Committee; (vi) that, subject to such exceptions of specified occasions or at specified times and seasons, not more than specified number of passengers or a specified weight of luggage shall be carried on any specified vehicle or any vehicle of a specified type; (vii) the weight and nature of passengers' luggage that shall be carried free of charges, the total weight of luggage that may be carried in relation to each passenger and the arrangements that shall be made for the carriage of luggage without causing inconvenience to passengers; (viii) the rate of charges that may be levied for passengers' luggage in excess of the free allowances; (ix) that vehicle of specified types fitted with bodies conforming to specified specifications shall be used and specified standards of comfort and cleanliness shall be maintained in the vehicle; (x) the conditions subject to which goods may be carried in
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any stage carriage in addition to the exclusion of passengers; (xi) that a copy or extract from the approved fare table and particulars of any special fares or rates of fares so approved for particular occasions shall be exhibited on every stage carriage and at specified stands and halts; (xii) that fares shall be charged in accordance with the approved fare table; (xiii) that tickets bearing specified particulars shall be issued to passengers for fares paid and that records of tickets issued shall be kept in a specified manner; (xiv) that mails shall be carried on any of the vehicles authorised by the permit subject to such conditions (including conditions as to the time in which mails are to be carried and the charge which may be levied) as may be specified; (xv) the conditions subject to which any vehicle covered by the permit may be used as a contract carriage; (xvi) that the conditions of the permit shall not be departed from save with the approval of Transport Committee; (xvii) that any specified bus station or shelter maintained by the Government or any local authority or another transport organisation shall be used and that any specified rent or fee shall be paid for its use; (xviii) that the Transport Committee may, after giving notice of not less than one month(a) vary conditions of the permit; (b) attach to the permit further conditions; (xix) that the holder of the permit shall, after having been given an opportunity of being heard, be liable on the orders of the Transport Committee to pay penalty not exceeding the prescribed maximum if the Transport Committee is satisfied that the services are not being maintained in
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accordance with the permit or are not punctual or that the conduct of the driver or conductor generally in their relations with the passenger is objectionable, or that any conditions of the permit has been contravened; (xx) that the holder of a permit shall furnish to the Transport Committee such periodical returns, statistics and other 73 information as the [ Authority] may decide from time to time; (xxi) that the stage carriage shall be used in connection with any state duty at such rate of hire as the permit relating to the vehicle authorises; (xxii) that some seats shall be reserved for ladies in the stage carriage; (xxiii) that First Aid Box and fire extinguisher of an approved type shall be carried in the stage carriage; (xxiv) that a call bell connection between the driver and the conductor shall be arranged in the stage carriage; (xxv) that the driver and the conductor of the stage carriage shall be cleanly dressed in the manner specified by the Transport Committee; (xxvi) that no unlicensed person to help the conductor or the driver shall be carried in the stage carriage; (xxvii) that no conductor shall stand on the foot board or hang on the sides of the vehicles either when stationary or moving; (xxviii) that the stage carriage shall not be used without paying the taxes that may be levied by any competent authority having jurisdiction over the area; (xxix) that the chart of approved haltages shall be exhibited in the stage carriage; or (xxx) any other condition which may be prescribed. 61. Application for contract carriage permit Application for a permit to use a motor vehicle as a contract carriage (in this Chapter referred to as a contract carriage permit) shall contain Would be deleted, since necessary provisions have been incorporated in other sections
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the following namely:particulars,
(a) the type and seating capacity of the vehicle; (b) the area for which the permit is required; (c) in the case of a motor cab, the fare it is proposed to charge; and in the case of other contract carriages, the different maximum rate of hiring proposed to be charged for different journey in the area; (d) in the case of a motor vehicle other than a motor cab, the manner in which it is claimed that the public convenience will be served by the vehicle; and (e) any other particulars which may be prescribed. 62. Procedure of Transport Committee in considering application for contract carriage permit A Transport Committee shall, in considering an application for 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 which may then be made or which may previously have been made by persons already holding contract carriage permits in the region or by any local 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 or any area within the region and shall satisfy itself that the vehicle to which the application relates is roadworthy and mechanically fit. 63. Power to restrict the number of contract carriages and impose conditions on contract carriage perm Subject to the provisions of section 62, a Transport Committee may, on an application made to it under section 61, grant a contract carriage permit in accordance with the applications as it deems fit or refuse to grant Would be deleted, since necessary provisions have been incorporated in other sections
(1)
Would be deleted, since necessary provisions have been incorporated in other sections
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such permit: Provided that, no such permit shall be granted in respect of any area not specified in the application. (2) The Transport Committee, if it decides to grant a contract carriage permit may, subject to any rules that may be made under this Ordinance, attach to the permit any one or more of the following conditions, namely:(i) that the vehicle or vehicles shall be used only in a specified route or routes; (ii) that except in accordance with specified conditions, no contract of hiring, other than an extension or modification of a subsisting contract, may be entered into outside the specified area; (iii) the maximum number of passengers and maximum weight of luggage that may be carried on any specified vehicle or on any vehicle of a specified type, either generally or on specified occasions or at specified times and seasons and the same is prominently marked on the vehicle; (iv) the conditions subject to which goods may be carried in any contract carriage in addition to or to the exclusion of passengers; (v) that, in the case of motor cabs, specified fares or rates of fares shall be charged and a copy of the fare table shall be exhibited on the vehicles; (vi) that, in the case of motor vehicle other than motor cabs, specified rates of hiring not exceeding the specified maximum shall be charged; (vii) that, in the case of motor cabs, a specified weight or passengers' luggage shall be carried free of charge and that the charge, if any for any luggage in excess thereof shall be at a specified rate; (viii) that, in the case of motor cabs, a taxi meter shall be fitted and maintained in proper working order, if prescribed; (ix) that the conditions of
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permit shall not be departed from save with the approval of the Authority; (x) that the vehicle shall be used in connection with any state duty at such rate of hire as may be permitted by the Transport Committee; (xi) that the driver and the conductor (if any) of the vehicle shall be cleanly dressed in the manner as may be specified by the Transport Committee; (xii) that the vehicle shall not be used without valid tax permission or without paying fees or taxes that may be levied by any competent authority having jurisdiction over the area; (xiii) that the Transport Committee, after giving a notice of not less than one month(a) vary the conditions of permit; (b) attach to the permit further conditions; (xiv) that the holder of the permit shall after having been given an opportunity of being heard, be liable on the orders of Transport Committee to pay penalty not exceeding the prescribed maximum if the Transport Committee is satisfied that the services are not being maintained in accordance with the permit or that the vehicles are in unsatisfactory condition, or that the conduct of the driver or conductor generally in his relation with the passengers is objectionable, or that any condition of the permit has been contravened; (xv) any other conditions which may be prescribed. 64. Application for private carriers permit 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 Would be deleted, since necessary provisions have been incorporated in other sections
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carrier's permit) shall contain the following particulars, namely:(a) the type and carrying capacity of the vehicle; (b) the nature of the goods which the applicant expects normally to carry in connection with his trade or business; (c) the area for which the permit is required; and (d) any other particular which may be prescribed. 65. Conditions to be attached and procedure to be followed in granting private carriers permit In considering an application for a private carrier's permit made under section 64, a Transport Committee shall, have regard to the condition of the road to be used by the vehicle or vehicles in respect of which the application is made, and shall satisfy itself that the vehicle to which the application relates will not be used otherwise than in connection with the business of the applicant and that the vehicle is road worthy and mechanically fit, it may grant a private carrier's permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that no such permit shall be granted in respect of any route or area not specified in the application. (2) A Transport Committee may in granting private carrier's permit impose condition to be specified in the permit relating to the description of goods which may be carried, the area in which permit shall be valid or the maximum laden weight and axle weights of any vehicle used or any other condition which may be prescribed. (3) If the applicant is the holder of a private carrier's permit which has been suspended or has been revoked, the Transport Committee may, in its discretion, notwithstanding anything contained in sub Would be deleted, since necessary provisions have been incorporated in other sections
(1)
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section (1), application. 66. reject the Would be deleted, since necessary provisions have been incorporated in other sections
Application for public carriers permit An application for a permit to use a motor vehicle for the carriage of goods for hire or reward (in this Chapter referred to as a public carrier's permit) shall be made in the prescribed form. Procedure in considering application for public carriers permit In considering an application for a public carrier's permit, made under section 66, a Transport Committee shall have regard to the condition of the roads included in the proposed area or route, interest of public in general and the advantages to the public of the service to be provided and shall also satisfy itself, that the vehicles to which the application relates is roadworthy and mechanically fit, it may grant a public carrier's permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit: Provided that, no such permit shall be granted in respect of any area or route not specified in the application: Provided further that other conditions being equal, an application for a public carrier's permit from a co operative society registered or deemed to have been registered under any enactment in force for the time being shall as far as may be, be given preference over applications from individual owners. (2) If the applicant is the holder of a public carrier's permit which has been suspended or has been the holder of a public carrier's permit which has been revoked, the Transport Committee may, in its discretion, notwithstanding anything contained in sub section (1), reject the application. Conditions to be attached to public carriers permit
67.
(1)
Would be deleted, since necessary provisions have been incorporated in other sections
68.
Would be deleted, since
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The Transport Committee shall, in granting the permit under section 67, impose conditions to be specified in the permit that the laden weight and the axle weight of the vehicle shall not exceed a specified maximum and may also impose all or any of the following conditions, namely:(a) that goods or any class of goods shall be carried at specified rates; (b) that specified arrangement shall be made for housing, maintenance and repair of the vehicle and the storage and safe custody of goods carried; (c) that the holder of the permit shall furnish to the Transport Committee such periodical returns, statistics and other information as the Government may decide from time to time; (d) that the Transport Committee may, after giving notice of not less than one month,(i) vary the condition of an existing permit, and (ii) attach to such permit further conditions, as it may think fit and necessary; (e) that the conditions of the permit shall not be departed from save with the approval of the Transport Committee; (f) any other prescribed conditions appropriate to the service to be provided by the public carrier which the Transport Committee thinks proper to impose in the public interest or with a view to prevent uneconomic competition between the road transport service; (g) that the vehicle shall be used in connection with any state duty on such rate of hire as the permit relating to the vehicles authorises; (h) that the vehicle shall not be used without valid tax permission or without paying tax or fee that may be levied by any competent authority having jurisdiction over the area; or (i) any other condition as may be prescribed. necessary provisions have been incorporated in other sections
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69. (1) Procedure in applying for and granting permits An application for a contract carriage permit or a private carrier's permit or a public carrier's permit may be made at any time. (2) An application for a stage carriage permit shall be made not less than six weeks before the date on which it is desired that the permit shall take effect, or, if the Transport Committee appoints dates for the receipt of such applications, on such dates. (3) On receipt of an application for a stage carriage permit, the Transport Committee shall make the application available for inspection at the office of the Authority and shall publish the application or the substance thereof in the prescribed manner together with a notice of the date before which representations in connection therewith may be submitted and the date, not being less than thirty days from such publication, on which, and the time and place at which, the application and any representations received will be considered. (4) No representation in connection with an application referred to in sub section (3) shall be considered by the Transport Committee unless it is made in writing before the appointed date and unless a copy thereof is furnished simultaneously to the applicant by the person making such representation. (5) When any representation such as is referred to in sub section (3) is made, the Transport Committee shall dispose of the application at a public hearing and the applicant and the person making the representation shall have an opportunity of being heard either in person or by a duly authorised representative. (6) When any representation has been made by the persons or authorities referred to in section 62 to the effect that the Would be deleted, since necessary provisions have been incorporated in other sections
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number of contract carriages for which permits have already been granted in any region or any area within a region is sufficient for or in excess of the needs of the region or of such area, whether such representation is made in connection with a particular application for the grant of a contract carriage permit or otherwise, the Transport Committee may take any such steps as it considers appropriate for the hearing of the representation in the presence of any persons likely to be affected thereby. (7) When a Transport Committee refuses an application for a permit of any kind, it shall give to the applicant in writing its reason for the refusal. (8) An application to vary the conditions of any permit other than a temporary permit by the inclusion of new route or routes or a new area or, in the case of a stage carriage permit, by increasing a number of trips above the specified maximum or by altering the route covered by it, or in the case of a contract carriage permit by increasing the number of vehicles covered by the permit, shall be treated as an application for the grant of a new permit: Provided that it shall not be necessary so to treat an application made by holder of a stage carriage permit who provides the only service to any route or in any area or increase the frequency of the service so provided, without any increase in the number of vehicle. 74 [ (9) A permit, other than a temporary permit, shall be issued only to the owner of a vehicle.] 70. (1) Duration and renewal of permits A permit other than a temporary permit issued under section 74 shall be effective without renewal for a period of three 128. Duration of permit._ (1) A permit not being a temporary permit shall subject to the provisions contained in this Act or any rules or regulations made there under as to the cancellation, Modified
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years unless otherwise specified by the Transport Committee in the permit.
75
suspension or reduction of validity, be effective without renewal for a period not exceeding five years to be specified in the permit by the issuing authority. (2) A temporary permit shall not be granted for a period exceeding four months, and shall not be renewable, and shall not be granted more than once in respect of any route or area, during the pending of an application for the grant or renewal of a permit. It shall be an offence for a person to drive or cause or allow or permit to be driven on any road or in a public place any vehicle in contravention of any conditions of a permit or temporary permit or with an expired or invalid permit or temporary permit. Modified
[ (2) Other conditions being equal, a permit may be renewed with the approval of the Chairman of the Authority or the Transport Committee, as the case may be, on an application made.]
(3)
71. General conditions attaching to all permits (1) Save as provided in section 73, a permit shall not be transferable from one person to another except with the permission of the Transport Committee which granted the permit and shall not without such permission operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit. (2) The holder of a permit may, with the permission of the authority by which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature. (3) The following shall be conditions of every permit:(a) that the vehicle or vehicles to which the permit relates, carry valid certificate of fitness issued under section 47 and are at all times so maintained as to comply with the requirements of Chapter VI and the rules made thereunder; (b) that the vehicle or vehicles to which the permit relates are not driven at a speed exceeding the speed lawful under this Ordinance; (c) that any prohibition or
129. General conditions attaching to all permits._ (1) (a) The following shall be conditions of every permit: that the vehicle or vehicles to which the permit relates, carry valid certificate of fitness issued under section 117 and are at all times so maintained as to comply with the requirements of Chapter X and the rules or regulations made there under; that the laden weight and the axle weight of the vehicle shall not exceed the maximum specified in the permit or in the certificate of registration; that any prohibition or restriction imposed and any fares or freights fixed by notification made under this Act are observed in connection with any vehicle or vehicles to which the permit relates; that no prohibited goods, substances or passengers shall be carried or allowed to be carried in a vehicle to which the permit relates; that the vehicle or vehicles to which the permit relates are not driven in contravention of the speed limit lawful under this Act; that the provisions of this Act or any other law for the time being in force limiting the hours of work of drivers and other workers are observed in connection with any vehicle or vehicles to which the permit relates; that the provisions of Chapter XIX so far as they apply to the holder of the permit are observed; that the vehicle to which the permit relates shall not be used without paying the taxes or fees that may be imposed or levied
(b)
(c)
(d)
(e)
(f)
(g)
(h)
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restriction imposed and any fares or freights fixed by notification made under section 52 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 provisions of section 5 or section 86; (e) that the provisions of this Ordinance limiting the hours of work of drivers are observed in connection with any vehicle or vehicles to which the permit relates; (f) that the provisions of Chapter IX so far as they apply to the holder of the permit are 76 observed; [ * * *] (g) that there shall not be more than one permit in respect of 77 any vehicle [ ; (h) that arrangements shall be made by the employer to provide resting place for the workers engaged in the vehicles providing service in the long routes; (i) that at least two drivers shall be employed by the employer in the vehicles providing service at night or in the routes where the driver may require to work beyond the hours of work specified in clause (b) of subsection (1) of section 76A.] (i) (j) under the Act or any rules or regulations made there under, or under any other law for the time being in force, by the Government or by the Authority or by any competent authority having jurisdiction over the area or by any prescribed authority; that there shall not be more than one permit in respect of any vehicle; that arrangements shall be made by the employer to provide a reserved space for the workers engaged in the vehicles used for long haulage or providing service in the long routes or at the late hours of night; that there shall be employed at least a "two-up driver" in the vehicles providing service at night or in the routes where the driver may require to work beyond the hours of work specified in sub-section (1) of section 136; that the vehicle shall not be used for the purposes or on the route or in the area other than that for which the permit is granted; that specified arrangement shall be made for the comfort and convenience of passengers, for housing, maintenance and repair of the vehicle and the storage and safe custody of luggage and goods carried; that specified standards of comfort and cleanliness shall be maintained in the vehicle; that some seats shall be kept reserved for lady passengers or senior citizens or mentally retarded children or children upto tweve years of age or disabled or handicapped passengers; that the vehicle shall be used in connection with any state duty or for providing any emergency service, on such rate of hire as the permit relating to the vehicles authorizes or as may be determined by the Authority; that First Aid Box and fire extinguisher of an approved type shall be carried in the vehicle; that any change of address of the permit holder shall be communicated to the authority which issued the permit within fourteen days of any such change; that the conditions of the permit shall not be departed from save with the approval of the authority which granted or renewed the permit; that prescribed log book in respect of the vehicle operation and maintenance shall
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
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be maintained in the prescribed manner; (u) that a complaint book shall be maintained in every public service vehicle in the prescribed manner that the vehicle shall not be used or let out for use in contravention of any conditions of the permit or franchise or operators license; that adequate arrangements shall be made for the safe custody and return of the left baggage or items of value to the owner or the claiment; that the driver or the in charge or the owner of the vehicle to which the permit relates shall be responsible for causing any willful or negligent damage to any luggage or goods being carried in the vehicle and shall be liable for paying adequate compensation to the owner or the claimant of such luggage or goods; and that any prohibition or restriction imposed in respect of display of advertising materials under this Act or the rules or regulations are observed by the vehicle or vehicles to which the permit or franchise or operators license relates. Whoever drives a motor vehicle or causes or allows a motor vehicle to be used or let out a motor vehicle for use in contravention of any conditions of the permit or franchise or operators license shall be guilty of an offence. Modified
(v)
(w)
(x)
(y)
(2)
72. Cancellation and suspension of permits (1) The Transport Committee which granted a permit may cancel the permit or may suspend it for such period as it thinks fit(a) on the breach of any condition specified in sub section (3) of section 71, or of any condition contained in the permit, or (b) if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit, or (c) if the holder of the permit ceases to own the vehicle or vehicles covered by the permit, or (d) if the holder of the permit has obtained the permit by
130. Suspension and cancellation of permits._ (1) Subject to sub-section (2), a permit under this Chapter may at any time be suspended or cancelled or restored or such a permit holder may be disqualified, by the Authority or the authority which granted the permit or by such other officer or authority or person as may be authorized or prescribed, if any permit holder, contravenes or fails to comply with, or fails to secure the compliance by its employees, agents or contractors with the provisions of this Act or any rules or regulations made there under or with any of the conditions of its permit; in the opinion of the Authority or the authority which granted the permit or other prescribed authority or officer, fails or is likely to fail to provide and maintain an adequate, safe and satisfactory service; by reasons of his performance or conduct, or the manner in which the services are
(a)
(b)
(c)
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fraud or misrepresentation, or (e) if the holder of the permit, not being a private carrier's permit, fails without reasonable cause to use the vehicle or vehicles for the purposes for which the permit was granted, or (f) if the holder of the permit acquires the citizenship of any foreign country, or (g) if the vehicle to which permit relates had bad record of accidents or if the accident was due to the use of defective vehicle: Provided that no permit shall be cancelled unless an opportunity has been given to the holder of the permit to submit his explanation. (i) (2) The Transport Committee which granted a permit may, after giving the holder thereof an opportunity to furnish his explanation, reduce either permanently or for such period as it thinks fit the number of vehicle or the route or area covered by the permit on any of the grounds mentioned in sub section (1). (3) The Transport Committee may exercise the powers conferred on it under sub sections (1) and (2) in relation to a permit granted by any authority or person to whom power in this behalf has been delegated under sub section (5) of section 54 if the said permit was a permit granted by the Transport Committee. (4) Where a Transport Committee cancels or suspends a permit or reduces the number of vehicles or the routes or area covered by a permit, it shall give to the holder in writing its reasons for the action taken. (5) The powers exercisable under sub section (1) or sub section (2) (other than the powers to cancel a permit) by (ii) provided, vehicles are being maintained or used, he is not a fit and proper person to hold such a permit; (d) (e) (f) (g) (i) (ii) (iii) ceases to own the vehicle or vehicles covered by the permit; or obtains the permit misrepresentation; or by fraud or
acquires the citizenship of any foreign country; or if the vehicle to which permit relateshave had bad record of accidents; or caused any fatal accident due to any defects in it; or has been used in the commission of a criminal offence; The Authority or the authority which granted the permit may, after giving an opportunity to the holder of the permit to submit his explanation, if satisfied, by notice in writing and without any compensation, do all or any of the following: suspend or cancel the permit or disqualify the holder thereof; forfeit the whole or any part of any security deposited with the Authority or with the authority which granted the permit, by the permit holder or by its bank pursuant to a bank guarantee; require the permit holder to pay, within a specified period not exceeding one month, a financial penalty not less than fifty units and not more than five hundred units as provided under sub-section (2) of section 353, as the Authority or the authority which granted the permit thinks fit; reduce either permanently or for such period as it thinks fit the number of vehicle or the route or area covered by the permit. The Authority or the authority which granted the permit shall not impose any financial penalty under sub-clause (iii) of sub-section (1) on any permit holder by reasons only that under sub-clause (b) of said sub-section (1). The officer or authority or person as may be authorized or prescribed under subsection (1) shall not pass an order suspending the permit for a period exceeding one month or reducing the period thereof by more than one month; and any such order shall be placed within the said period of one month before the authority which granted the permit, who may vacate the order or extend the said
(iii)
(iv)
(2)
(3)
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the Transport Committee which granted the permit may be exercised by any authority or persons to whom such powers have been delegated under sub section (5) of section 54: Provided that,(i) no such authority or person shall pass an order suspending the permit for a period exceeding one month or reducing the period thereof by more than one month; and (ii) any such order shall be placed within the said period of one month before the Transport Committee who may vacate the order or extend the said period of one month where it has not expired or cancel the permit. 73. Transfer of permit on death of holder (1) Where the holder of a permit dies, the person succeeding to the ownership of the vehicles covered by the permit may, for a period of three months, use the permit as if it had been granted to himself: Provided that such person has, within thirty days of the death of the holder, informed the Transport Committee which granted the permit of the death of the holder and of his own 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 Committee 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 ownership of the vehicles covered by the permit. 74. Temporary permits Any Transport Committee or other prescribed authority may Would be deleted, since necessary Would be deleted, since necessary provisions have been incorporated in other sections period of one month where it has not expired or cancel the permit.
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without following the procedure laid down in section 69, grant permits, to be effective for a limited period not in any case to exceed four months, to authorise the use of a transport vehicle temporarily(a) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings, or (b) for the purposes of a seasonal business, or (c) to meet a particular temporary need, or (d) pending decision on an application for a permit; and may attach to any such permit any condition it thinks fit: Provided that a temporary permit under this section shall, in no case, be granted in respect of any route or area specified in an application for the grant of a new permit under section 58, or section 61 or section 66 during the pendency of the application: Provided further that a temporary permit under this section shall, in no case, be granted more than once in respect of any route or area specified in an application for the renewal of a permit during the pendency of such application for renewal. 75. Validation of permits for use outside region in which granted (1) Except as may be otherwise prescribed, a permit not being a private carrier's permit or a public carrier's permit granted by the Transport Committee of any one region shall not be valid in any other region, unless the permit has been countersigned by the Transport Committee of that other region. (2) Notwithstanding anything contained in sub section (1), a 78 permit granted by the [ * * *] 131. Extent of validity of a permit._ (1) Except as may be otherwise prescribed, a permit not being a private or a public carrier's permit, or a private service vehicle permit, or a rental vehicle permit, shall be valid only in the route or area of the region in which granted as may be specified in the permit: Provided that every stage carriage permit shall be expressed to be valid only for a specified route or area or service. (2) A private or a public carrier's permit or a private service vehicle permit, or a rental vehicle permit, shall be valid in such routes and such areas as may be Modified provisions have been incorporated in other sections
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Authority shall be valid in the whole country or in such region or regions or areas or routes as may be specified in the permit. (3) A Transport Committee when countersigning the permit may attach to the permit any condition which it might have imposed if it had granted the permit, and may likewise vary any condition attached to the permit by the Authority by which the permit was granted. (4) The provisions of this Chapter relating to the grant, revocation and suspension of permits shall apply to the grant, revocation and suspension of countersignatures of permits. (5) Notwithstanding anything contained in sub section (1), a Transport Committee of one region may issue a temporary permit under clause (a) or clause (c) of section 74 to be valid in another region with the concurrence, given generally or for the particular occasion, of the Transport Committee of that other region, as the case may be. (6) Notwithstanding anything contained in sub section (1) but 79 subject to any [ regulations] that may be made under this 80 [ * * *] Ordinance, the Authority may, for the purpose of promoting tourism, grant in respect of tourist vehicles such number of permits for the whole or any part of Bangladesh and the provisions of sections 61, 62, 63, 69, 70, 71, 72, 73 and 76 shall, as far as may be, apply in relation to such permits. (7) The following shall be the conditions of every permit granted under sub-section (6), namely:(i) every motor vehicle in respect of which such permit is granted shall conform to such description, requirement regarding the seating capacity, standard of comforts, fitness, amenities and other matters as the Government may specify in this behalf; (ii) the provision by the permit holder of insurance covering the specified by the issuing authority. (3) Notwithstanding anything contained in sub-section (1), RTA of one region may issue a temporary permit to be valid in another region, for a period not exceeding one month, to meet a particular temporary need, or for particular occasions, as may be prescribed. A permit granted by the Authority shall be valid in the whole country or such region or areas or routes as may be specified in the permit. The Authority may by regulations prescribe the conditions subject which and the extent to which, a permit granted in one region or area may be valid in another region or area or route with or without counter signature.
(4)
(5)
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risk of the personal effects of the tourist in transit; (iii) every such motor vehicle shall be driven by a person having such qualifications and satisfying such conditions as may be prescribed; and (iv) such other conditions as may be prescribed. 132. Exhibition of permit._ (1) The permit or its main features shall be exhibited on the vehicle concerned in the manner prescribed; and no person shall alter, deface, mutilate or add any thing by writing or in any other way to any permit or permission or franchise certificate or operators license and nor shall exhibit any such document as aforesaid on any motor vehicle or produce any such document to any authority or officer for any purpose or use any fictitious permit or permission or franchise certificate or operators license. Any person who contravenes subsection (1) shall be guilty of an offence. Modified Inserted new
(2) Section 51 (3) Sub section (1) shall not apply(a) to any transport vehicle owned by or on behalf of the Government other than the vehicles used for Government purposes connected with any commercial enterprises; (b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes; (c) to any transport vehicle used solely for police, fire brigade or ambulance purposes; (d) to any transport vehicle used solely for the conveyance of corpses; (e) to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety; (f) to any transport vehicle used for any other public purpose prescribed in this behalf ;
133. Exemption of vehicles from permit._ (1) (a) Sub-section (1) of section 122 shall not apply to any of the following vehicles to any transport vehicle owned by or on behalf of the Government other than the vehicles used for Government purposes connected with any commercial enterprises; to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes; to any transport vehicle used solely for the purposes of Police including Rapid Action Battalion, Border Guards of Bangladesh, or such other law enforcing agencies, or the Fire Brigade; to any transport vehicle used solely for the conveyance of corpses; to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety; to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely, for such purposes and in accordance with such conditions as the Authority may, by notification in the official Gazette, specify in this behalf, to any school bus, educational institution
(b)
(c)
(d) (e)
(f)
(g)
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(g) to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such 58 conditions as the [ Authority] may, by notification in the official Gazette, specify in this behalf ; (h) to any transport vehicle owned by, and used solely for the purposes of, any educational institution which is recognised by the Government or whose managing committee is a society registered under the Societies Registration Act, 1860 (XXI of 1860); (i) to any goods vehicle which is a light motor vehicle and does not ply for hire or reward, or not used for any commercial purposes or to any two wheeled trailer with a registered laden weight not exceeding 2,240 pounds avoirdupois drawn by a motor car; (j) to any transport vehicle which has been temporarily registered under section 36, while proceeding empty to any place for the purpose of registration of the vehicle under section 34; (k) to any transport vehicle which, owing to any natural calamity, is required to be diverted through any other route, whether within or outside a region with a view to enabling it to reach its destination; or (l) to any transport vehicle used for such purposes other than plying for hire or reward or used for any commercial purposes as 59 the [ Authority] may, by notification in the official Gazette, specify. (4) Subject to the provisions of sub section (3), sub section (1) 60 shall, if the [ Authority by regulations] made under section bus, or any transport vehicle owned by, and used solely for the purposes of, any educational institution which is recognized by the Government or by the Authority or whose managing committee is a society registered under the Societies Registration Act 1860 (XXI of 1860); (h) to any vehicle used as a mobile library or mobile dispensary or for ambulance purposes; to a delivery vehicle, a dual purpose vehicle, any passenger vehicle and any goods vehicle the registered laden weight of which does not exceed 3500 kilograms or the seating capacity of which does not exceed 15 persons excluding the driver, as the case may be, and does not ply for hire or reward, or not used for any commercial purposes or to a caravan, or any two wheeled trailer with a registered laden weight not exceeding 1000 kilograms drawn by a motor car or a power tiller; to any transport vehicle which has been temporarily registered under section 105, while proceeding empty to any place for the purpose of registration of the vehicle under section 101; or any transport vehicle carrying emergency supplies for the people affected due to any natural calamity or which owing to any natural calamity, is required to the diverted through any other route, whether within or outside a region with a view to enabling it to reach its destination; or to any transport vehicle used for such purposes other than plying for hire or reward or used for any commercial purposes, as the Authority may, by notification in the official Gazette, specify; or to any transport vehicle used for any other public purpose prescribed in this behalf. Subject to the provisions of sub section (1), if the Authority by regulations made under section 139 so prescribe, subsection (1) of section 122 shall, apply to any motor vehicle adopted to carry more than eight persons excluding the driver.
(i)
(j)
(k)
(l)
(m) (2)
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81 so prescribed, apply to any motor vehicle adopted to carry more than eight persons excluding the driver. 134. Seizure of vehicles without permit._ (1) If, there is reasonable cause to suspect, that there is or there has been, committed any offence in respect of any vehicle under sub-section (1) of section 122, such vehicle may be seized by any police officer of or above the rank of a Subinspector of Police or a Police Sergeant or by any road transport officer of or above the rank of an Inspector of Motor Vehicles, or any other officer or person authorized in this behalf by the Authority, and may also arrest without warrant any person who has committed or whom he reasonably suspects to have committed an offence under this section. When any vehicle has been seized or any person arrested under sub-section (1), the officer or the person acting under that subsectionmay, in his discretion, temporarily return the vehicle to its owner on security being furnished to the satisfaction of the officer acting under that sub-section, that the vehicle shall be surrendered to him on demand; or if, the circumstances so require, take or cause to be taken any steps he may consider proper for the safe custody of the vehicle or to take it to the nearest Police station; or shall, after making such investigations as are necessary for the purposes of this Act, if there be no prosecution with regard to the vehicle seized, that vehicle shall be released and returned to its owner soon, but before expiration of one month from the date of seizure of such vehicle; or shall, in respect of arrest of a person take steps in accordance to the Code of Criminal Procedure, 1898 (Act V of 1898). Where it is proved to the satisfaction of a court before which the prosecution has been held, that a vehicle seized under sub-section (1) has been used in the commission of an offence under this section, the court may, make an order for the confiscation of the vehicle, notwithstanding that no person may have been convicted of an offence. A vehicle confiscated under this section may be sold in public auction, on the terms and conditions, as may be specified by order, made in this behalf, either by the Inserted new
(2)
(a)
(b)
(c)
(d)
(3)
(4)
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Government or by the Authority. 76. Appeals (1) Any person(a) aggrieved by the refusal of the Transport Committee to grant a permit, or by any condition attached to a permit granted to him, or (b) aggrieved by the revocation or suspension of the permit or by any variation of the conditions thereof, or (c) aggrieved by the refusal to transfer the permit to the person succeeding on the death of the holder of a permit, or (d) aggrieved by the refusal of the Transport Committee to countersign a permit, or by any condition attached to such countersignature, or (e) aggrieved by the refusal of renewal of a permit, or (f) being a local authority or police authority or an association which or a person providing transport facilities who, having opposed the grant of a permit is aggrieved by the grant thereof or by any condition attached thereto, or (g) being the bolder of a license, who is aggrieved by the refusal of a Transport Committee to grant an authorisation to drive a public service vehicles, or a transport vehicle, or (h) aggrieved by the refusal to grant permission under sub section (1) or sub section (2) of section 71, or (i) aggrieved by a reduction under sub section (2) of section 72 in the number of vehicles or routes or area covered by permit, or
81
135. Appeals._ (1) (a) Any personaggrieved by the refusal of the Authority or the Regional Transport Authority or other prescribed authority to grant a permit or by any condition attached to a permit granted to him, or aggrieved by the revocation or suspension of the permit or by the reduction of validity or by any variation of the conditions thereof, or aggrieved by the refusal to transfer the permit to the person succeeding on the death of the holder of a permit, or aggrieved by the refusal of the Regional Transport Authority to countersign a permit, or by any condition attached to such countersignature, or aggrieved by the refusal of renewal of a permit, or being a local authority or police authority or local resident 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 being the holder of a vocational license, who is aggrieved by the refusal of a Regional Transport Authority to grant an authorization to drive a public service vehicles, or any other transport vehicle, or to act as a conductor or other worker of such vehicle; or aggrieved by any other order issued under the provisions of this Chapter or in pursuance of any rules or regulations made thereunder; may appeal to the authority specified under sub-section (1) or (2) of section 43 as appropriate, within such time and in such manner as may be prescribed. (2) The appellate authority shall, before disposing of the appeal, give the appellant and the original authority an opportunity of being heard and may pass such order as it deems fit, which shall be binding upon the original authority and the appellant.
Modified
(b)
(c)
(d)
(e) (f)
(g)
(h)
[ (j) aggrieved by any other order which may be prescribed may, appeal to such authority
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within such time and in such manner as may be prescribed by rules made by the Government, and such authority shall, before disposing of such appeal, give such person and the original authority an opportunity of being heard.] [ (2) The authority prescribed under sub section (1) for the purpose of hearing appeals may, either on its own motion or on application made to it call for the record of any case in which an order has been made by the Authority or a Committee, as the case may be, and may pass such order in relation to the case as it deems fit: Provided that, the authority prescribed under sub section (1) shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.] 77. Restriction of hours of work of workers [Restriction of hours of work of drivers.- Omitted by section 28 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988).] 136. Restriction of hours of work of workers._ (1) No person shall work or shall cause or allow any person who is employed by him for the purpose of driving of a transport vehicle or acting as conductor or helpercum-cleaner or other worker of such vehicle or who is subject to his control for such purpose to workfor more than five hours before he has had an interval of rest of at least half an hour; or for more than eight hours in one day; or for more than forty-eight in the week. The Authority may by regulation made under section 139 grant such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which could not be foreseen. The Authority by regulations made under section 139, may require persons employing any person whose work is subject to any of the provisions of subsection (l) to fix beforehand the hours of work of such persons so as to conform to those provisions, and may provide for the recording of the hours so fixed. No person shall work or shall cause or allow any other person to work outside the Restored
82
(a)
(b) (c) (2)
(3)
(4)
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hours fixed or recorded for the work of such persons in compliance with any regulations made under sub-section (3). (5) The Authority may prescribe the circumstances under which any period during which the driver or conductor or other worker of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of sub-section (I). Any person who without just cause or excuse or unless exempted contravenes sub-sections (1) or (4) shall be guilty of an offence.
(6)
78. Voidance of contracts restrictive of liability Any contract for the conveyance of a passenger in a stage carriage or contract carriage, in respect of which a permit has been issued under this Chapter, shall, so far as it purports to negative or restrict the liability of any person in respect of any claim made against that person in respect of the death of, or bodily injury to, the passenger while 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. 79. Agent or canvasser to obtain license (1) No person shall engage himself(a) as an agent or canvasser in the sale of tickets for travel by public service vehicles or otherwise solicit customers for such vehicle; or (b) as an agent in the business of collecting, forwarding or distributing goods carried by public carrier's unless he has obtained a license from such authority and subject to such conditions as may be 84 prescribed [ * * * ]. (2) The conditions referred to in sub section (1) may, include all or any of the following matters,
137. Voidance of contracts restrictive of liability._ Any contract for the conveyance of a passenger in a public service vehicle in respect of which a permit has been issued under this Chapter, shall so far as it purports to negative or restrict the liability of any person in respect of any claim made against that person in respect of the death of, or bodily injury to, the passenger while 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.
138. Agent or canvasser to obtain license._
(1)
(a)
No person shall engage himselfas an agent or canvasser in the sale of tickets for travel by public service vehicles or otherwise solicit customers for such vehicle; or an agent for the transaction of any business with the Authority or the Regional Transport Authority or the registering authority or the licensing authority or any other officer or authority or any prescribed authority on behalf of any other person; or as an agent in the business of collecting, forwarding or distributing goods carried by public carrier's; unless he has obtained a license from such authority and subject to such conditions as may be prescribed.
Modified by amalgamation of sec 79 and 153 of the Ord.
(b)
(c)
(2)
The conditions referred to in sub-section (1) may, include all or any of the following matters, namely:-
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namely:(a) the period for which a license may be granted or renewed; (b) the fee payable for the issue or renewal of the license; (c) the deposit of security, (i) of a sum not exceeding [ Taka seven thousand and five hundred] in the case of an agent in the business of collecting, forwarding or distributing goods carried by public carriers;
85
(a) (b) (c)
the period for which a license may be granted or renewed; the fee payable for the issue or renewal of the license; the deposit of security and the circumstances under which the security may be forfeited; the provision by the agent for insurance of goods in transit; the authority by which and circumstances under which the license may be suspend or revoked; and such other prescribed. conditions as may be
(d) (e)
(f) (3)
Whoever engages himself as an agent or canvasser in contravention of the provisions of this section or any regulations made thereunder shall be guilty of an offence.
(ii) of a sum not exceeding [ Taka one thousand seven hundred and fifty] in the case of other agent or canvasser; and the circumstances under which the security may be forfeited; (d) the provision by the agent for insurance of goods in transit; (e) the authority by which and circumstances under which the license may be suspended or revoked; (f) such other conditions as may 87 be prescribed [ * * * ] 153. Agents and canvassers without proper authority Whoever engages himself as an agent or canvasser in contravention of the provisions 152 of section 79 or any [ regulations] made thereunder, shall be punishable for first offence with fine which may extend to one thousand Taka and for any second or subsequent offence with imprisonment which may extend To be deleted
86
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to [ six months], [ or with fine which may extend to two thousand Taka] or with both. 80. Power to make [ regulations] as to stage carriages and contract carriages 89 (1) The [ Authority may make regulations], to regulate, in respect of stage carriages and contract carriages, (a) the conduct of passengers in such vehicles. (2) Without prejudice to the generality of the foregoing 90 provision, such [ regulations] may(a) authorise the removal from such vehicle of any person in fringing the rules by the driver or conductor of the vehicle, or on the request of the driver or conductor, or any passenger by any police officer; (b) require a passenger who is reasonably suspended by the driver or conductor of contravening the rules to give his name and address to a police officer or to the driver or conductor on demand; (c) require a passenger to declare, if so requested by the driver or conductor the journey he intends to take or has taken in the vehicle and to pay the fare for the whole of such journey and to accept any ticket provided therefor; (d) require, on demand being made for the purpose by the driver or conductor or other person authorised by the owner of the vehicle, production during the journey and surrender at the end of the journey by the holder thereof of any ticket issued to him; (e) require a passenger, if so requested by the driver or conductor, to leave the vehicle on the completion of the journey the fare for which he has paid;
88 153 154
139. Power to make regulations as to public service vehicles._ (1) The Authority may make such regulations as it may consider expedient for prescribing anything which may be prescribed and otherwise for the purpose of carrying into effect or to supplement the provisions in respect of or to regulate public service vehicles includes a bus and taxi service and a rental car service under Chapter VIII. Without prejudice to the generality of the foregoing power, regulations under this section may be made with respect to all or any of the following matters, namely:the conduct of driver, conductor, inspector and other employees, their qualifications, duties and responsibilities and terms of employment in such vehicles; the conduct vehicles; of passengers in such
Modified
(2)
(a)
(b) (c)
authorize the removal from such vehicle of any person infringing the rules by the driver or conductor of the vehicle, or on the request of the driver or conductor, or any passenger by any police officer; require a passenger who is reasonably suspected by the driver or conductor of contravening the rules to give his name and address to a police officer or to the driver or conductor on demand; require a passenger to declare, if so requested by the driver or conductor the journey he intends to take or has taken in the vehicle and to pay the fare for the whole of such journey and to accept any ticket provided therefore; require, on demand being made for the purpose by the driver or conductor or other person authorized by the owner or operator of the vehicle, production during the journey and surrender at the end of the journey by the holder thereof of any ticket issued to him; require a passenger, if so requested by the driver or conductor, to leave the vehicle on the completion of the journey the fare for which he has paid; require the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him;
(d)
(e)
(f)
(g)
(h)
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(f) require the surrender by the holder thereof on the expiry of the period for which it is issued of a ticket issued to him; (g) require a passenger to abstain from doing anything which is likely to obstruct or interfere with the working of the vehicle or to cause damage to any part of the vehicle or its equipment or to cause injury or discomfort to any other passenger; (h) require a passenger not to smoke in any public service vehicle or in any vehicle on which a notice prohibiting smoking is exhibited; (i) require the maintenance of complaint books in stage carriages and prescribe the conditions under which passengers can record any complaints in the same. (i) require a passenger to abstain from doing anything which is likely to obstruct or interfere with the working of the vehicle or to cause damage to any part of the vehicle or its equipment or to cause injury or discomfort to any other passenger; require a passenger not to smoke in any public service vehicle or in any vehicle on which a notice prohibiting smoking is exhibited; require the owner or operator to comply with prescribed requirements; require the owner or operator to provide and maintain waiting rooms, shelters, stands with weather protection, safety and security; require the driver, conductor or other employee or worker to wear prescribed uniform or badges and to comply with prescribed requirements; require the facilities to be provided for the ladies, children, senior citizens, students, disabled and other handicapped or disadvantaged persons in a public service vehicle; require the maintenance of complaint books in stage carriages and contract carriages including bus service, taxi cabs, rental cars and prescribe the conditions under which passengers or other authorized persons can record any complaints in the same; the documents, plates and marks to be carried by public service vehicles, the manner in which they are to be carried and the languages in which any such documents are to be expressed and the fees to be paid in respect of such documents, plates and marks; the construction and fittings of, and the equipment to be carried by public service vehicle, whether generally or in specified route or areas; the determination of the number of passengers a public service vehicle is adapted to carry and the number which may be carried; the setting of quality of service standards of the stage carriages, taxi-cabs, bus service (includes BRT service) and such other public service vehicles; the laying down of operational standards and efficiency parameters for the operators of public service vehicles including BRT service, taxi-cabs and rental cars operators;
(j)
(k) (l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
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(u) conditions subject to which a stage carriage may be used as contract carriage; the conditions subject to which goods may be carried on a public service vehicle partly or wholly in lieu of passengers; the safe custody and disposal of property left in a public service vehicle including BRT service, taxi-cabs and rental cars; regulating the painting or marking of public service vehicles and the display of advertising matters thereon, and in particular, prohibiting the painting or marking of public service vehicles in such color or manner as to induce any person to believe that the vehicles is used for the transport of mails, news papers and such other things; the conveyance in a public service vehicle of corpses or persons suffering from any infectious or contagious disease or goods likely to cause discomfort or injury to passengers and the infection and disinfection of such carriages, if used for such purposes; the provision of taxi-meters on taxi cabs requiring approval or standard types of taxi-meters to be used and examining, testing and sealing taxi-meters;
(v)
(w)
(x)
(y)
(z)
(aa) prohibiting the picking up or setting down of passengers by stage or contract carriages including bus and taxi service 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 include BRT service 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; (bb) prohibiting the carrying of dangerous substances or unauthorized goods or fish or poultry or live stock in a public service vehicle and carrying of goods or luggage in a manner causing danger or inconvenience to the passengers of such vehicles; (cc) requirements regarding seating capacity, standard of comforts, fitness, amenities to be provided in a tourist vehicle, condition of use of such vehicle, conduct of driver, conductor and other employees, their qualification, duties and responsibilities, and conditions and terms of employment in such vehicles, insurance by the permit holder covering the risk of the personal effects of the tourist in transit; (dd) requiring the owners or operators of public
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service vehicles to notify any change of address and to notify or report the failure of or damage to any vehicle used for the conveyance of passengers or freight for hire or reward; (ee) requiring the person in charge of a stage carriage, bus service include BRT service and taxi cab service to carry any person tendering the legal or customary fare; (ff) 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 customers for such vehicles;
(gg) the regulation of the conduct of operators including fleet operators of public service vehicles; (hh) the issuance of season ticket, travel concession, free travel to a particular passenger or particular class of passenger or person; (ii) the hours of duty of drivers of public service vehicles and the conditions of service of such drivers and other workers; the procedure for competitive bidding in granting permit relating to a public service vehicle;
(jj)
(kk) any other matter which is to be or may be prescribed 81. Power to make [ regulations] for the purpose of this Chapter 92 The [ Authority may make regulations] for the purpose of carrying into effect the provisions of this Chapter. Without prejudice to the generality of the foregoing 93 power, [ regulations] under this section may be made with respect to all or any of the following matters, namely:(a) the period of appointment and the terms of appointment of and the conduct of business by 94 [ Transport Committee] and the reports to be furnished by them; (b) the conduct of business by 95 any such [ Committee] in the absence of any member (including the Chairman thereof) and the nature of
91
140. Power to make regulations._ (1) The Authority may make such regulations as it may consider expedient for prescribing anything which may be prescribed under this Chapter, and otherwise for the purpose of carrying into effect or to supplement the provisions of this Chapter. Without prejudice to the generality of the foregoing power, regulations under this Chapter may be made with respect to all or any of the following matters, namely:the period of appointment and the terms of appointment and the conduct of business by the Regional Transport Authority or other prescribed authority or officers and the reports and returns to be furnished by them; the conduct of business by any Regional Transport Authority and the nature of business which, the circumstances under which and the manner in which, business could be so conducted; 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; and the
Modified
(1)
(2)
(2)
(a)
(b)
(c)
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business which, the circumstances under which and the manner in which, business could be so conducted; (c) 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; (d) the forms to be used for the purposes of this Chapter, including the forms of permits; (e) the manner in which, and the time within which, every application for a stage carriage permit shall be published, as required by sub section (3) of section 69, and the circumstances under which and the fees on payment of which, copies of such applications may be granted; (f) the issue of copies of permits in place of permits lost or destroyed or mutilated or defaced; (g) 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; (h) the fees to be paid in respect of permit, duplicate permits and plates; (i) the exemption of prescribed persons or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter; (j) the custody, production and cancellation on revocation, or expiration of permits and the return of permits which have become void or have been revoked; (k) the conditions subject to which, and the extent to which, a permit granted in one region shall be valid in another region authorities to whom, the time within which and the manner in which appeals may be made; (d) the forms to be used for the purposes of this Chapter, including the forms of permits; the classification of permit and the class and the type of vehicle for the purposes of permit; the information and evidence to accompany the applications for permit; the period for which a permit including a temporary permit may remain in force and the area or the route for which it may be valid; the grounds on which and the authority by which a permit may be cancelled suspended or varied or refused or number of vehicle in the permit reduced and the procedures to be followed in all such cases and in case of restoration of the permit; the exemption of vehicle or classes of vehicles or person or classes of persons from all or any of the provisions of this Chapter and the conditions governing such exemptions; the issue of copies of permit in place of permits lost or destroyed or mutilated or defaced; 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; the fees to be paid in respect of permit, duplicate permits and plates; the exemption of prescribed persons or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter; the custody, production and cancellation on revocation, or expiration of permits and the return of permits which have become void or have been revoked; the establishment of independent regulatory authorities at the national and regional level includes a district or a metropolitan area, the functions of such authorities to promote the oderly growth of public transports; regulating the painting or marking of transport vehicles and the display of advertising matters thereon, and in particular, prohibiting the painting or marking of transport vehicles in such
(e)
(f) (g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
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without countersignature; (l) the authorities to whom, the time within which and the manner in which appeals may be made; (m) the construction and fittings of, and the equipment to be carried by stage and contract carriages, whether generally or in specified areas; (n) the determination of the number of passengers a stage or contract carriage is adapted to carry and the number which may be carried; (o) the conditions subject to which goods may be carried on stage and contract carriages partly or wholly in lieu of passengers; (p) the safe custody and disposal of property left in a stage or contract carriage; (q) regulating the painting or marking of transport vehicles and the display of advertising matters 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; (r) the conveyance in stage or contract carriages of corpses or persons suffering from any infections or contagious disease or goods likely to cause discomfort or injury to passengers and the infection and disinfection of such carriages, if used for such purposes; (s) the provision of taxi meters on motor cabs requiring approval or standard types of taxi meters to be used and examining, testing and sealing taxi meters; (t) prohibiting the picking up or setting down of passengers by stage or contract carriages at colour or manner as to induce any person to believe that the vehicles is used for the transport of mails news papers and such other things; (q) 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 or freight for hire or reward; authorising specified persons to enter at all reasonable times and inspect all premises used by permit holder for the purpose of their business; the conditions under which and the types of containers or vehicles in which animals or birds may be carried and the seasons during which animals or birds may not be carried; the conditions under which the holder of a public carrier permit may use the vehicle for the carriage of goods for or in connection with a trade or business carried on by him; the licensing of and the regulation of the conduct of agents for the transaction of business with the Authority, Regional Transport Authority, the registering authority, the licensing authority or any other officer or authority or any other prescribed authority; the licensing of agents engaged in the business of collecting, forwarding and distributing of goods carried by public carriers; the regulation of the conduct of operators including fleet operators of private and public carriers; the issuance of permit for operating vehicles on international routes, the requirements and conditions for such permit, licensing and qualifications of operators of such vehicles; the obtaining of special permit before a motor vehicle or trailer of a specified mass and dimension or special purpose may be used on highways and the conditions on which those permits may be granted; the number of persons to be employed in driving or attending motor vehicles, the duties and conduct of such persons or other workers;
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa) the hours of duty of drivers of motor vehicles and particularly goods vehicles of private and public carriers and the conditions of service of such drivers and other workers; (bb) the number of hours during which a
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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; (u) the requirement which shall be complied with in the construction or use of any duly notified stand or halting place, including the provisions of adequate equipment and facilities for the convenience of all users thereof, the fees, if any, which may be charged for the use of such facilities, the records which shall be maintained at such stands or place, the staff to be employed thereat and generally for maintaining such stands and the duties and conduct of such staff, and places in a serviceable and clean condition; (v) the regulation of motor cab stands; (w) 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; (x) authorising specified persons to enter at all reasonable times and inspect all premises used by permit holder for the purpose of their business; (y) requiring the person in charge of a stage carriage to carry any person tendering the legal or customary fare; (z) the conditions under which and the types of containers or vehicles in which animals or birds may be carried and the seasons during which animals or birds may not be carried; person may drive motor vehicles or a class or classes of motor vehicles, the calculation of driving hours and maintenance of log book therefore or use of tachograph for recording the hours of work, driving time, speed of vehicle etc; (cc) the writing and carrying of log book on specified class of motor vehicle and trailers; (dd) the carrying of loads (including container) on motor vehicles and trailers; (ee) the keeping of records of specified matters and their production for inspection; (ff) the inspection of transport vehicles and their contents and of the permits relating to them;
(gg) the carriage of persons other than the driver in goods vehicles, trailers or locomotives; (hh) the records to be maintained and the returns to be furnished by the owners or operators of transport vehicles; and (ii) any other matter which is to be or may be prescribed
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(za) 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 customers for such vehicles; (zb) the licensing of agents engaged in the business of collecting, forwarding and distributing of goods carried by public carriers; (zc) the inspection of transport vehicles and their contents and of the permits relating to them; (zd) the carriage of persons other than the driver in goods vehicles; (ze) the records to be maintained and the returns to be furnished by the owners of transport vehicles; and (zf) any other matter which is to be or may be prescribed.
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Contents
CHAPTER VIII : OPERATION OF PUBLIC TRANSPORT SERVICES ......................................... 194 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 160. 161. 162. 163. Interpretation._ ........................................................................................................................ 194 Grant of operators license._ .................................................................................................. 196 Persons disqualified for license or franchise._ ................................................................... 198 Exhibition of operators license._ .......................................................................................... 199 Franchised routes._.................................................................................................................. 199 Evaluation of bids for bus route franchise._ ....................................................................... 200 Fixing of limit on the number of license or franchise._ .................................................... 200 Certain conditions for grant of license or franchise._ ....................................................... 201 Modification of license conditions._ ...................................................................................... 203 Establishment of firm or company for license or franchise._ ......................................... 204 Power of authority to give directions to licensees or franchisees._ .............................. 204 Power of authority to deal with deviant licensees or franchisees._ .............................. 205 Provisional orders for securing compliance._ ..................................................................... 207 Outstanding fees, charges, penalties, etc._ ....................................................................... 209 Transfer of license or franchise._ .......................................................................................... 209 Suspension or cancellation of license or franchise._ ........................................................ 209 Markings of public vehicles._ ................................................................................................. 210 Rates of hire._ ........................................................................................................................... 211 Public stands._ .......................................................................................................................... 211 Responsibility of operator of public transport service._ ................................................... 212 Power to seize a vehilce under this Chapter._ ................................................................... 212 Appeals under this Chapter._ ................................................................................................ 213 Power to make regulations._ ................................................................................................. 213
8-i
Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -VIII
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER V CONTROL OF TRANSPORT VEHICLES Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER VIII : OPERATION OF PUBLIC TRANSPORT SERVICES 141. Interpretation._ In this Chapter, unless the context otherwise requires(a) area in relation to a public transport service means either the whole of the country, or a region or a zone or a subzone, as the case may be, to be specified by the authority in the respective permit or license, permission or franchise certificate; (b) authority means the Authority, or any Regional Transport Authority, or any other prescribed public body or body of persons or authority or officer as the Government or the Authority may consider it necessary to appoint by notification in the official Gazette for such Districts or Metropolitan areas, or part thereof, to grant or renew a license or franchise, to operate public transport service in brief PTS and to exercise powers and discharge responsibilities for the planning and regulation of public transport services, award and regulation of franchises, and perform all other related functions under the Act or any rules or regulations made there under; (c) BRT service means, a high capacity rapid transit bus service, provided by specified or prescribed type of stage carriage buses, operated under a license in an urban area, on a franchised route having segregated or dedicated bus transit ways or bus-only lane or roadways, with convenient boarding, alighting, transfer and terminal facilities, declared as such service by the Government or by the Authority; (d) "bus service" means a service that is provided by a PTS operator, to any person upon the payment of a fare, using one or more stage carriage buses operating on predetermined timetables and routes (includes a franchised route), either under a permit or under a license or a franchise and includes a BRT service; (e) "bus service operator" means the holder of a permit or a license or franchise authorized to operate any bus services; (f) competitive bidding means a procedure, in which, to ensure fair competition, open Remarks Proposed a new law to replace the MVO 1983 Modified Inserted new
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bids are invited from the operators subject to the same standards and regulatory procedures, against defined service parameters and standards, and where all qualifying bids are evaluated against objective criteria, and the license or franchise is awarded to the winning bidder; exclusive right means the sole right to operate a bus service on a specified franchised route, such that no other bus service (includes a franchise) may be permitted to duplicate the route by more than 50% of its total length or area; franchise means a license that confers exclusive right to operate a bus service under a franchise agreement; franchise agreement" means the agreement executed between a franchisee and the authority granting the franchise, setting out the type of service, and the terms and conditions of the franchise; franchise certificate" means an authorization issued in evidence by the authority granting the franchise in respect of a stage carriage that it is operated under a franchise agreement; franchised route means a bus route or network of routes, segregated or dedicated bus ways or bus-only lane or roadways or dedicated transit ways or a specified area, declared as such a route by the Authority under sub-section (1) of section 145 on which the franchisee is granted exclusive right to operate a bus service; franchisee means a licensee or an operator who has been, after selection through a competitive bidding, granted a franchise under this Chapter to operate bus services on any franchised route; "license" means a license or franchise granted under this Chapter to operate public transport services; "licensee" means the holder of a license under this Chapter; operator means an operator specified under sub-section (120) of section 2; public transport service in brief PTS means a service of carrying passengers or goods or both, for hire or reward, by road in public vehicles which shall include a bus or a taxi or a rental car or a bus rapid transit in brief BRT service; public vehicle means a vehicle specified under sub-section (145) of section 2; region means a district or a metropolitan area, as may be specified by the authority in the respective license, permit or certificate issued by it; rental car service means a service that is
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n) (o) (p)
(q) (r)
(s)
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provided by a rental vehicle, to a renter or hirer, under an agreement, upon the payment of an agreed sum for hiring a rental vehicle, operated either under a permit or under the license; taxi service means a service that is provided to any person upon the payment of a fare, using one or more taxi cabs (includes baby taxi) either under a permit or under the license; permission means an authorization issued in evidence by the authority in respect of a public vehicle that it is operated under a license but not under a franchise agreement; zone or sub-zone in relation to a bus service means, part of a district or a metropolitan area declared as such by the authority having jurisdiction over the area, and specified in the respective license, permit or certificate issued by it. Inserted new
(t)
(u)
(v)
142. Grant of operators license._ (1) Notwithstanding anything inconsistent or contrary therewith contained in this Act or any other law for the time being in force, the provisions of this section shall have effect and will prevail upon those provisions or laws. (2) An operator, who operates or intends to operate more than one public vehicles (not being a taxi cab), shall not do so, unless he is granted a license or franchise, issued to him by the authority under this Chapter, and a permission or certificate of franchise, issued for every such vehicle, to be operated under the license or franchise agreement, in addition to the motor vehicle Authorization Certificate under Chapter V of the Act: Provided that no person except the Authority, or such other public body or body of persons authorized by the Government or by the Authority or an authorized licensee shall undertake to operate any BRT service. (3) A permission or a certificate of franchise under sub-section (1) shall not be issued in respect of any vehicle which does not comply with such conditions as to construction, fitness and equipment or otherwise specified under section 129 or 148, or as may be fixed by the authority or as prescribed. (4) An operator who operates or intends to operate more than two taxi cabs (includes baby taxi), and leases or intends to lease all or any of such taxi cabs to individual drivers for the purpose of providing a service whereby(a) the taxi cabs ply for hire or are available
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for hire from designated taxi stands; or bookings for the use of such taxi cabs are accepted and taxi cabs are assigned to persons making such bookings; shall not do so, unless he is issued by the authority, a taxi service operators license and a permission for every vehicle, in accordance to this Chapter. (5) Any person who contravenes sub-section (2), (3), or (4) shall be guilty of an offence. (6) It shall be an offence for a person to drive or cause or allow or permit to be driven on any road or in a public place any vehicle in contravention of any conditions of operators license or permission or franchise certificate or with an expired or invalid operators license or permission or franchise certificate. (7) A license and a franchise under this Chapter shall be applied, by the winning bidder(s), selected through competitive bidding, processed through a prescribed method, for such license or franchise, and granted, renewed, varied, refused or surrendered in such manner and in such forms and to such authority, as may be prescribed. (8) In granting or renewing a license or a franchise under this Chapter, the authority, shall have regard to the financial standing of the applicant, his experience and ability to maintain and operate an adequate, satisfactory, safe and efficient public vehicle fleet, under most cost effective operating arrangements. (9) Being satisfied to the realness of the applicant and the purpose, a license or franchise shall be granted with or without exclusive right, and on such terms and subject to such conditions as of the accepted bids or as the authority determines, keeping in view, safe mobility, convenience, comfort and reliability of services at affordable cost to users, and at the same time, the full recovery of costs and a reasonable return on management and assets invested. (10) Subject to the provisions of this Act, or the rules or regulations made there under, a license or franchise under this section shall be granted for the period, purposes and for the vehicle(s) specified in the application, or with such variation as the authority issuing the license or the franchise deems appropriate, and shall not entitle the person to whom it is issued, to operate any other vehicle, or greater number of vehicle, or use the vehicle in any other route, or area or time or day or for the purpose not specified in the license or franchise; and whoever operates a vehicle in contravention of this section (b)
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shall be guilty of an offence: Provided that an operator who is licensed or franchised to operate on more than one route or network of routes, shall have option to interwork buses between routes assigned. (11) In determining whether to grant or renew a license or franchise under this Chapter and what terms and conditions to impose thereon, the authority shall consider(a) the character and fitness of the applicant to be granted with a license or franchise, where the applicant is a body corporate, the character and fitness of the members of the board of directors or committee or board of trustees or other governing body of the body corporate; the financial resources of the applicant and his business reputation; whether the applicant is likely to provide a satisfactory service to the passengers, intending passengers or other users or members of the public in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of charges and general efficiency; the existence of other operators or services and the demand for services proposed; the type of vehicles proposed to be used by the applicant in providing the service; and any other matter which the authority thinks relevant. Inserted new
(b) (c)
(d)
(e)
(f)
143. Persons disqualified for license or franchise._ (1) A license or franchise under this Chapter shall not be granted or renewed(a) (b) to any person who is a minor; or to any person who fails to comply with the prescribed qualifications, experience and requirements; or to any applicant who fails to submit the application for such a license or franchise within such period, in such form, in accordance to such procedures, and along with such deposits (may include the deposit of security or bank guarantee),, fees, taxes, levy, declaration, statutory declaration, evidence, documents, particulars and information as may be specified by the authority or prescribed; or to a person or a body of person, or an operator, who has been previously disqualified to hold such a license or franchise or whose license or franchise has been revoked; or to a person, against whom a warrant of
(c)
(d)
(e)
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arrest has been issued under the Bangladesh Criminal Procedure Code, in respect of any offence committed by him under this Act, or any other law for the time being in force; or to a person who is under arrest, or in the custody or in jail; or to a person who used a motor vehicle in committing a criminal offence; or to the vehicle which has been used in the commission of a criminal offence; or to any applicant who fails to satisfy the authority, with proper evidence, certificates or documents that he has adequate parking, depot and garage facilities in respect of all vehicles and trailers or semi-trailers, being operated or likely to be operated under the license or franchise, for the period for which the license or franchise is applied for grant or renewal; and any license or permission or franchise previously issued to such persons or vehicles shall be cancelled. Any person who contravenes this section shall be guilty of an offence. Inserted new
(f) (g) (h) (i)
(j)
(2)
144. Exhibition of operators license._ (1) The license or its main features or the franchise certificate shall be exhibited on the vehicle concerned in the manner prescribed and no person shall alter, deface, mutilate or add any thing by writing or in any other way to any such license or franchise certificate and nor shall exhibit any such license or franchise certificate as aforesaid on any motor vehicle or produce any such license or franchise certificate to any authority or officer for any purpose or use any fictitious license or franchise certificate. (2) Any person who contravenes sub-section (1) shall be guilty of an offence. 145. Franchised routes._ (1) Having regard to the interest of the public in general, and the advantages to the traveling public of the service to be provided, and on the basis of such other considerations as it thinks fit, or as may be prescribed, the Authority may, by notification in the official gazette declare such route(s), network of routes or zone(s), or sub-zone(s) or region(s) as it considers necessary, a franchised route(s) or zone(s) or region(s), for granting a franchise to a franchisee to operate specified bus service on such franchised route(s), on such terms and conditions as it may prescribe, or the authority granting the franchise may specify.
Inserted new
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(2) Where a franchise is granted for any route or area under sub-section (2) of section 142, all existing permits issued to operate stage carriages along the route(s) or within the area specified or a portion thereof, as may be notified by the authority granting the franchise, shall stand cancelled on the dates notified for the purpose and no fresh stage carriage permit shall be granted for such route(s) or zone( s) or portion of a route or zone for the duration of franchise by any authority and no stage carriage or any service of the nature referred above shall be allowed to operate on the route(s) or zone(s) with or without a permit or a license whatsoever. Without prejudice to the powers and functions conferred under the Act or the rules or regulations made there under, the Authority may exercise all powers and discharge all functions relating to franchise, declaration and classification of franchise route(s) or zone(s), invitation of interest or bids for franchise, evaluation of bids, approval of franchise, grant of franchise, fixing of fees and other payments for grant of franchise and inviting bids, fixing of fare for franchise routes, monitoring of services under franchise and such other matters as may be specified or prescribed. Inserted new
(3)
146. Evaluation of bids for bus route franchise._ Apart from the bidders operational and financial capability and experience to provide satisfactory, adequate, safe, efficient, reliable and comfortable bus service, tender evaluation criteria for a bus route franchise shall include, the level of investment being made, specification of buses, fare scale proposed to be charged, time required for making the service operational, age of the buses, depot, parking and workshop facilities, ticketing system, maintenance and servicing program and bus scrapping and purchase program. 147. Fixing of limit on the number of license or franchise._ (1) The Authority may from time to time prescribe, or by notification in the official Gazette fix, a limit on the maximum number of license or franchise for any route or area, and the maximum number of vehicles of any class which may be operated under a license or franchise, with reference to their capacity, age, manufacturer, model, dimensions, weight,
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equipment, standards for fitness or any other criteria; and there shall not be issued any license or franchise or permission or franchise certificate in excess of the number so prescribed or fixed. Any person who contravenes sub-section (1) shall be guilty of an offence. Inserted new
(2)
148. Certain conditions for grant of license or franchise._ (1) Without prejudice to the generality of section 142, the authority granting a license or franchise may, thereunder, impose all or any of the conditions specified hereunder and under section 129(a) controlling or restricting, directly or indirectly, the creation, holding or disposal of shares in the licensee (the holder of a license under this Chapter) or its shareholders, or of interests in the undertaking of the licensee or any part thereof; requiring the payment to the authority of a fee on the grant of the license or franchise, or the payment to it of periodic fees during the validity of the license or both, of such amount as may be determined by the authority; requiring the licensee to do, or not to do, such things as are prescribed or specified or described in the license; requiring the licensee or the vehicle to comply with the conditions specified under section 129 except that of clause (d) relating to the fare or freight and clause (h); requiring the licensee and the workers of the public transport services to comply with the restrictions of hours of work specified under section 136; requiring the licensee to comply with the restrictions specified under section 137; relating to the extent, hours and general level of the services to be provided by the licensee to the passengers, other users or members of the public; relating to the condition and use of the vehicles employed by the licensee or franchisee in operating the service; requiring the approval by the Authority or the authority of the appointment, reappointment or removal of any person as the licensees chief executive officer, the chairman of the licensees board of directors or any of its directors; requiring the deposit of security or bank guarantee to the satisfaction of the authority for the due performance by the
(b)
(c)
(d)
(e)
(f) (g)
(h)
(i)
(j)
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(k) licensee of all or any obligations imposed upon it by the license or by this Act; relating to the restriction on the carrying on by the licensee of any trade or business not related to the activity which the licensee is authorized by its license to carry on; relating to the standards of performance to be complied by the licensee or the franchisee in the maintenance or operation of the public transport services, the provision of bus rapid transit system or services; requiring the licensee to maintain any premises, structure, equipment or facility used or for the purposes of, or otherwise reasonably necessary or incidental to, operating the public transport services or the bus rapid transit system so as to integrate the bus rapid transit system with other public transport services and facilities and developments surrounding the bus rapid transit system; requiring the licensee to acquire from such person as may be specified in the license, and to use, such property or rights as may be so specified, or to undertake such liabilities as may be so specified; requiring the licensee to prepare itself to deal with any fire, flood, earthquake or disaster (natural or otherwise) or any public emergency; requiring the licensee to provide travel information systems and directional signs for the purpose of ensuring integration of the bus rapid transit system with other public transport services and facilities and developments surrounding the bus rapid transit systems; specifying codes of practice and standards of performance in connection with the maintenance or operation and provision of services and BRT system; the conduct of licensees or franchisees and their employees, agents and contractors in the provision of services (including the persons to whom the licensees lease taxis in connection with the operation of the taxi service or rental cars); and the preservation and promotion of fair competition amongst persons who have been licensed or franchised under this Chapter to operate the public transport service including bus or taxi or BRT or rental car services; requiring the licensee or franchisee to undergo and pass such inspection and audit as the authority may determine for compliance withthe relevant provisions of this Act;
(l)
(m)
(n)
(o)
(p)
(q)
(i) (ii)
(iii)
(r)
(i)
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(ii) (iii) the terms and conditions of the license or franchise being held by the licensee; the codes of practice and standards of performance issued by the authority under clause (p); and any direction given by the authority under section 151; and requiring the licensee or franchisee to obtain membership in or to make contributions to such body or organisation as may be specified by the authority, being a body or an organisation that provides training programs, accident research and other activities which the authority thinks beneficial to the bus-truck or taxi cab industry. For the purpose of clause (q) of subsection (1)the audit and inspection shall be conducted bysuch officers who have been duly designated by the authority for the purpose; or a qualified independent audit team approved by the authority for the purpose; the authority may require the licensee or franchiseeto submit to the authority or to the persons conducting the audit or inspection such regular returns of operating, financial data, and information as the authority may specify, which pertains to the operation of the services by the licensee or franchisee; and to allow the persons conducting the audit or inspection to carry out on-site collection or verification of any information which pertains to the operation of the service by the licensee or franchisee; any sample size used by the persons conducting the audit and inspection, shall be deemed to be reasonable; and the costs of and incidental to the conduct of the audit and inspection, shall be borne by the licensee or the franchisee. Whoever fails to comply or contravene any conditions imposed under this section he shall be guilty of an offence. Inserted new
(iv) (s)
(2) (a)
(i)
(ii) (b) (i)
(ii)
(c)
(d)
(3)
149. Modification of license conditions._ (1) Subject to this section, the authority may modify the conditions of a license or franchise imposed under section 148. (2) Before modifying the conditions of a license or franchise under sub-section (1), the authority shall give notice to the licensee or franchisee (a) stating that it proposes to make the modification in the manner as specified in the notice; and
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(b) specifying the time (not being less than fourteen days from the date of service of the notice on such licensee or franchisee) within which written representations with respect to the proposed modification may be made. Upon receipt of any written representation referred to in sub-section (2), the authority shall consider such representation and may reject the representation; or amend the proposed modification in accordance with the representation or otherwise, and, in either event, the authority shall thereupon issue a direction in writing to the licensee or franchisee, requiring that effect be given within a reasonable time to the proposed modification specified in the notice or to such modification as subsequently amended by the authority. The authority shall not enforce its direction during the period referred to, and whilst the appeal of the licensee or franchisee is under consideration by the appellate authority under section 161. If no written representation is received by the authority within the time specified in clause (b) of sub-section (2) or if any written representation made is subsequently withdrawn or rejected, the authority may immediately carry out the modification as specified in the notice under clause (a) of sub-section (2). Inserted new
(3)
(a) (b)
(4)
(5)
150. Establishment of firm or company for license or franchise._ (1) If the applicant for a license or franchise is a partnership, all the members of the partnership must be approved by the authority. (2) If the applicant for a license is a company, all the directors of the company must be approved by the authority. (3) No person shall be appointed to be a new partner or director of a licensee or franchisee unless such person is approved by the authority. (4) Every licensee or franchisee shall inform the authority of (a) (b) (c) the withdrawal by, or the expulsion of, any partner from the partnership; the resignation or removal of any director of the company; and the death of any partner or director.
151. Power of authority to give directions to licensees or franchisees._ (1) The authority may give directions to be observed/ implemented by licensees or
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franchisee for the purpose of(a) ensuring that such licensees or franchisee provide satisfactory services to the passengers, other users, or the members of the public in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of charges or general efficiency; and preserving and promoting fair competition amongst such licensees or franchisee. A direction under sub-section (1)shall require the licensee or franchisee concerned (according to the circumstances of the case) to do, or not to do, such things as are specified or described in the direction; shall take effect at such time, being the earliest practicable time, as is determined by or under that direction; and may be revoked or modified at any time by the authority. Before giving a direction to any licensee or franchisee under sub-section (1), the authority shall, unless the authority in respect of any particular direction considers that it is not practicable or desirable, give notice stating that the authority proposes to make the direction and setting out its effect; and specifying the time within which representations or objections to the proposed direction may be made, and shall consider any representation or objection which is duly made. Every licensee or franchisee shall, at his own expense, comply with every direction of the authority given to the licensee or franchisee under this section failure to which he shall be guilty of an offence. Inserted new
(b) (2) (a)
(b)
(c) (3)
(a)
(b)
(c) (4)
152. Power of authority to deal with deviant licensees or franchisees._ (1) If the authority is satisfied that any licensee or franchisee (a) contravenes or fails to comply any relevant provision of this Act or any rules or regulations made there under, or any term or condition of his license or franchise or any code of practice, standard of performance or direction issued by the authority under this Chapter; or (b) fails to comply with or contravene any provision of any code of practice issued or approved by the authority under section 148 or 149; or (c) fails to comply with or contravene any direction given by the authority under section 151; or
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(d) fails to comply with or contravene any provisional order confirmed under section 153; or fails to secure the compliance by any of his employees, agents or contractors (including the persons to whom the licensee has leased taxis in connection with the operation of the taxi service or rental cars) with the provisions of this Act or any rules or regulations made there under or with any of the conditions of its license or franchise to operate any PTS or BRT system or service or with any provision, term, condition, code of practice, standard of performance or direction referred to in clause (a), (b), (c), or (d); or has otherwise failed or likely to fail to provide a satisfactory taxi service or bus service or BRT service or rental car service in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of charges or general efficiency, the authority may, subject to the provisions of this sectionissue such order to the licensee or franchisee, as it considers necessary, for the purpose of securing the compliance by the licensee or franchisee or any of his employees, agents or contractors (including the persons to whom the licensee has leased taxis in connection with the operation of the taxi service or rental cars) with the provision, term, condition, code of practice or standard of performance or direction referred to in clause (a), (b), (c), or (d); or require the licensee or franchisee to pay to the Authority or the authority which granted the license or the franchise, within a specified period, a financial penalty not less than five hundred units and not more than five thousand units; or take any other actions including the forfeiture of the whole or any part of any security deposited, by the holder or by its bank pursuant to a bank guarantee; or suspension or cancellation of the license or the franchise or disqualifying the holder thereof; as the authority thinks fit. The authority shall, before requiring the payment of any financial penalty under sub-clause (ii) or taking any other actions under sub-clause (iii) or (iv) of sub-section (1), give to the licensee or franchisee, notice in writing of its intention to do so, and shall in such notice call upon the licensee or franchisee to show cause, within such time as may be specified in
(e)
(f)
(i)
(ii)
(iii)
(iv)
(2)
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the notice as to why he should not be required to pay a financial penalty or why his license or franchise should not be suspended or cancelled, as the case may be. (3) (a) If the licensee or franchisee fails to show cause within the period of time given to him to do so, or such extended period of time, as the authority may allow; or fails to show sufficient cause, the authority shall give notice in writing to the licensee or franchisee, of the date by which the financial penalty shall be paid, or from which the suspension or cancellation of his license or franchise is to take effect, as the case may be. Inserted new
(b)
153. Provisional orders for securing compliance._ (1) Subject to sub-sections (5) and (6), where it appears to the authority that(a) a licensee or franchisee is contravening, or is likely to contravene, any condition of its license or franchise; or a licensee or franchisee has failed to secure the compliance by its employees, agents or contractors with any condition of its license, and that it is appropriate or requisite that a provisional order be made under this section, the authority shall, instead of taking any decision under section 156, by provisional order make such provision as appears to it requisite for securing compliance with that condition. A provisional ordershall require the licensee or the franchisee to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the provisional order or are of a description so specified; shall take effect at such time, being the earliest practicable time, as is determined by or under the provisional order; and may be revoked at any time by the Authority or the authority. In determining whether it is appropriate or requisite that a provisional order be made, the authority shall have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of the condition of a license, is likely to be done, or omitted to be done, before a decision under section 155 may be made. Subject to subsections (5), (6) and (7), the
(b)
(2) (a)
(b)
(c) (3)
(4)
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authority shall, by notice in writing, confirm a provisional order, with or without modifications, ifthe authority is satisfied that the licensee or franchisee to whom the order relates is contravening, or is likely to contravene any condition of its license or franchise, or has failed to secure the compliance by its employees, agents or contractors with any condition of its license; and the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition. The authority shall not make or confirm a provisional order in relation to a licensee or franchisee, if it is satisfiedthat the duties imposed on the authority under this Act or any rules or regulations made there under preclude the making of such an order; that the licensee or franchisee has agreed to take, and is taking, all such steps as it appears to the authority for the time being to be appropriate for the licensee or franchisee to take for the purpose of securing or facilitating compliance with the condition in question; or that the contraventions were, or the apprehended contraventions are, of a trivial nature. Before the authority makes or confirms a provisional order, the Authority or the authority shall give notice to the licensee or franchisee concernedstating that the authority proposes to make or confirm the provisional order and setting out its effect; setting outthe relevant condition of the license or franchise for the purpose of securing compliance with which the provisional order is to be made or confirmed; the acts or omissions which, in the authoritys opinion, constitute or would constitute contraventions of that condition; and the other facts which, in the Authoritys or authoritys opinion, justify the making or confirmation of the provisional order; and specifying the period (not being less than fourteen days from the date of service of the notice) within which representations or objections with respect to the proposed provisional order or proposed confirmation may be made, and shall consider any representations or objections which are duly made and not withdrawn. The authority shall not confirm a provisional order with modifications exceptwith the consent of the licensee or
(a)
(b)
(5)
(a)
(b)
(c)
(6)
(a)
(b) (i)
(ii)
(iii)
(c)
(7)
(a)
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(b) (i) franchisee to whom the provisional order relates; or after serving on that licensee or franchisee such notice of the proposal to confirm the provisional order with modifications and in that notice, specifying the period (not being less than fourteen days from the date of service of the notice) within which representations or objections with respect to the proposed modifications may be made; and considering any representations or objections which are duly made and not withdrawn. In this section, provisional order means an order under this section which, if not previously confirmed in accordance with sub-section (5), will cease to have effect at the end of such period (not exceeding three months) as is determined by or under the order. Inserted new
(ii)
(8)
154. Outstanding fees, charges, penalties, etc._ Where any fee, contribution, financial penalty or any other sum payable under this Chapter, remains due and unpaid by a licensee or franchisee, the Authority or the authority may require the licensee or franchisee, to pay interest thereon at the prescribed rate, and any such fee, contribution, financial penalty or other sum, and any interest thereon, may be recovered by the authority in any court of competent jurisdiction, as if they were arear of land revenue or public demand or simple contract debts. 155. Transfer of license or franchise._ (1) A license or franchise issued under this Chapter shall not be assigned or transferred, and the holder who shall assign or transfer, or attempt to assign or transfer the license, without the approval of the authority that granted the license, shall be guilty of an offence. (2) The authority that granted the license or franchise may, with the permission of the Authority, permit the transfer of any public transport service operators license or a taxi service operators license, or BRT service license, or franchise issued under this Chapter, in such manner and on payment of such fee as may be prescribed. 156. Suspension or cancellation of license or franchise._ (1) A license or franchise under this Chapter may at any time be suspended or
Inserted new
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cancelled or restored or such a licensee or franchisee may be disqualified, by the Authority or by the authority which granted the license or franchise or by such other officer or authority or person as may be authorized or prescribed, if any licensee or franchiseecontravenes or fails to comply with the requirements of section 152; or by reasons of his performance or conduct, or the manner in which the services are provided, vehicles are being maintained or used, he is not a fit and proper person to hold such a license or franchise; fails to pay any outstanding fee, contribution, financial penalty or any other sum payable under this Chapter; or goes into compulsory or voluntary liquidation other than for the purpose of reconstruction or amalgamation; or makes any assignment to, or composition with, its creditors; assigns or transfers, or attempts to assign or transfer the license or franchise, without the approval of the authority that granted the license or franchise; the authority may, by notice in writing and without any compensation, do all or any of the following: suspend or cancel the license or franchise being held by the licensee or franchisee in whole or in part; forfeit the whole or any part of any security deposited with the Authority or the authority by the licensee or the franchisee or by its bank pursuant to a bank guarantee; ? Inserted new
(a) (b)
(c)
(d)
(e) (f)
(i)
(ii)
(2)
157. Markings of public vehicles._ (1) Every public vehicle including a taxi cab operated under the license or franchise, issued under this Chapter, shall have permanently affixed thereto such plate or plates and such other markings including painting, the logo of the operator, if any, as may be prescribed, for the purpose of identifying such vehicle as a public vehicle or a service taxi or BRT service or rental car service. (2) On the expiry, suspension or revocation of a license or franchise under this Chapter, the license together with all plates or other markings issued in connection therewith, shall be returned to the authority that issued the license, within ten days after the expiry, or suspension or revocation order. (3) Any person who omits to return any such license or franchise, plate or other marking shall be guilty of an offence.
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(4) Any person who display any plate or marking referred to in sub-section (1), or any plate or marking falsely purporting to have been issued under this section, on any vehicle in respect of which the appropriate public transport service license or the taxi service license or BRT service license or rental car service license is not in force, shall be guilty of an offence. Inserted new
158. Rates of hire._ (1) The owner, operator or the worker of a public vehicle or BRT service operated under a license shall be entitled only; to demand and take rates of hire or fares or freights as may be approved by the Government or prescribed. (2) Except as otherwise provided, nothing in this section shall prevent the owner, operator or the worker of a public vehicle or BRT service from entering into a contract to receive a lower rate of hire or fare or freight than that approved or prescribed. (3) If any dispute arises as to a rate of hire or fare or freight demanded according to distance, vehicle or service type, the dispute may be referred to the authority, or officer authorized by the authority or Authority or to the officer in charge of any police station or any police officer of or above the rank of Sub-Inspector of police or a police Sergeant on duty in the area, whose decision shall be final, and any certificate issued by the officer authorized or the police officer with regard thereto shall be admissible in evidence. (4) The owner, operator or the worker of a public vehicle or a taxi service, or BRT service who demands or takes or attempts to take any money in excess of rates of hire or fares or freights, approved or prescribed, shall be guilty of an offence. (5) Any person who refuses to pay the owner, operator or the worker of a public vehicle or a taxi service, or BRT service, the approved or prescribed rate of hire or fare or freight, when lawfully demanded, shall be guilty of an offence. 159. Public stands._ The authority may provide, appoint and regulate the use of such public stands for any class of public vehicle or service includes BRT service as it may think fit, and on the application of or with the consent of the owner of any private property may regulate the use of public stands provided on such private property, or may, as a condition of the license,
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require the holder thereof, to provide and maintain such public stands. 160. Responsibility of operator of public transport service._ (1) The owner, operator or the worker of a public vehicle or BRT service operated under the license shall, unless he satisfies the court that he took every reasonable precaution to avoid the commission thereof, be responsible for all offences committed under this Act in connection with the use of the vehicle and may, in the discretion of the officer authorized by the authority or the authorized police officer having responsibility in the matter, be prosecuted for such offence either in addition to or instead of the worker, as the case may be. (2) When the worker of a public vehicle or public transport service or BRT service is reasonably believed to be guilty of an offence under this Act, the owner or the operator of such vehicle or the service and any other person who was or should have been in charge of the vehicle or service at or about the relevant time shall give to the officer authorized by the authority or to any police officer having responsibility in the matter, such information as the aforementioned officer or the police officer may require of him concerning the identity and address of the person believed to be guilty of the offence. (3) If any person fails to do so within seven days of the date on which the information was required of him under sub-section (2), unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained the information required, he shall be guilty of an offence. (4) Notwithstanding anything contained in any other law for the time being in force, any information given under sub-section (2) by any person charged with any offence under this Act may be used as evidence at the hearing of the charge. 161. Power to seize a vehilce under this Chapter._ (1) Any police officer in uniform not below the rank of a Sub-Inspector or Sergeant, or a road transport officer of or above the rank of an Inspector of Motor Vehicles, or such other officer or person or agent, authorized in this behalf by the Government or by the Authority, has reasonable cause to suspect, in respect of any vehicle or person, that there has been committed an offence under this section, Inserted new
Inserted new
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(2) may seize the vehicle or arrest the person without warrant, as the case may be. When any vehicle has been seized or any person arrested under sub-section (1), the provisions under sub-section (2), (3) and (4) of section 134 shall there upon apply. Inserted new
162. Appeals under this Chapter._ (1) Where the authority refuses to grant or renew a license or franchise, or grants or renews a license or franchise with variation, or modifies any conditions of the license or franchise, or issues any direction under section 151 or issues any order under section 152 or 153, or imposes any financial penalty or where the authority or other prescribed authority or officer or person suspends or revokes a license or a franchise, or disqualify a licensee or franchisee, he shall do so in writing; and the aggrieved applicant or the licensee or franchisee, as the case may be, may, within such period as may be prescribed, appeal to the appropriate appellate authority specified under section 43, in the prescribed manner and on payment of prescribed fee, if any; and on such appeal, the appellate authority, after such inquiry, if any, as he may consider necessary, may make such order as he thinks fit, and any order so made shall be binding on the authority or officer who made the order and on the appellant. (2) Where an appeal is lodged by a licensee or franchisee under subsection (1), unless the appellate authority otherwise directs(a) the licensee or franchisee shall comply or continue to comply with any license or franchise condition, direction or decision being appealed against; and (b) the license or franchise condition, direction or decision shall be effective and enforceable against the licensee or the franchisee, until the determination of the appeal. (3) Where the licensee or franchisee appeals under sub-section (1), against any refusal to renew his license or franchise, and his license or franchise expires at any time from the date of receipt of the notice of refusal to the date of determination of his appeal, the licensee or the franchisee shall be deemed to have a license or franchise to operate the PTS, in respect of which his license or franchise was previously granted or renewed, from the date of expiry of his license or franchise to the date of determination of the appeal. 163. Power to make regulations._ (1) The Authority may make such regulations
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as it may consider expedient for prescribing anything which may be prescribed under this Chapter, and otherwise for the purpose of carrying into effect or to supplement the provisions of this Chapter. Without prejudice to the generality of the foregoing power, regulations under this Chapter may be made with respect to all or any of the following matters, namely:the terms and conditions, conduct of business by the operators of public transport services, and the reports and returns to be furnished by them; the qualifications and competency of persons for licensing and franchise; the procedures for submission of competitive bids and selection of candidates for a license or franchise or in granting permit relating to vehicles of a public carrier; the issue and renewal of licenses manually or electronically and the fees to be charged for the issue and the renewal, transfer or replacement or for an addition or alteration to a license, or for recording the change of address, transfer and the manner of payment thereof; the forfeiture of vehicles seized and auction thereof; the procedures for left baggage, lost and found items; the requirements to be complied with before a license or franchise may be granted, refused, varied or renewed, or transferred or replaced or computerized and the information and evidence to accompany the applications; the conditions on which a license or franchise may be granted, varied or renewed; the period for which a license or franchise may remain in force and the conditions thereof; the classes of motor vehicles and types of services for licensing purposes; the forms to be used for the purposes of this Chapter and the contents of licenses; the records and registers to be maintained in relation to licenses, franchise and for such other matters as may be required under this chapter; 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; the grounds on which and the authority by which a license may be cancelled, suspended or varied and the procedures to be followed in the cases of issue, renewal, transfer, lamination, replacement, suspension and cancellation
(2)
(a)
(b) (c)
(d)
(e) (f) (g)
(h)
(i)
(j) (k) (l)
(m)
(n)
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of license, and the seizure and surrender of license; (o) the procedures for periodic and random inspection and audit of compliance to license requirements and submission of reports thereof; (p) the protection of environment, maintaining and use of public stands, stations, terminals (interchanges), parking places, depots and garages by the operators and others; (q) the issue of duplicate licenses in place of licenses lost, destroyed or mutilated, licenses have been surrendered or seized, and the fees to be charged therefore and the manner of payment; (r) the production of license, or any other documents or certificates, before the Authority, authority or other authority or officer, for examination and the revision of entries, particulars therein; (s) the levy of tax and/or fees to be charged or deposits to be made for the issue, renewal, transfer or alteration of public vehicle license; (t) the refund or forfeiture of tax or fees or deposits, the manner in which such tax or fees may be collected including the use of electronic, computerized or other facilities; (u) the conditions subject to which the Authority, authority or any other prescribed authority may disqualify a person for holding a license and the communication of particulars by the authorities or officers; (v) the badges and uniform to be worn by drivers, other workers of public vehicles such as buses, taxi cabs, BRT service, rental car service and the fees to be paid in respect of such badges and uniform; (w) the conduct of workers of public vehicles such as buses, taxi cabs, BRT service, rental car service; (x) the size, shape and character of the identification marks, plates or the signs to be affixed permanently or temporary on any public vehicles including BRT service operated under the license and the manner in which those marks or signs are to be secured, sealed, displayed and rendered easily distinguishable by night or by day and to prohibit those marks, signs and seals from being tampered; (y) the particulars of license that may be displayed in the vehicles includes BRT service; (z) the minimum qualifications, training, other requirements and the conduct of persons to drive public vehicles including bus service, taxi cabs, rental cars or BRT service under the license; (aa) the issuance of season ticket, travel
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concession, free travel to a particular passenger or particular class of passenger or person; (bb) safety equipment and safety procedures for the licensee, his employees, users and others; (cc) the exemption of prescribed persons, or prescribed classes of persons from the requirements to obtain a license and from the payment of all or any portion of the fees, levy payable under this Chapter; (dd) any other matter which is to be or may be prescribed.
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Contents
CHAPTER IX : CONSTRUCTION AND OPERATION OF TERMINALS ............................... 217 164. 165. 166. 167. 168. 169. 170. 171. 172. Interpretation._ ................................................................................................................ 217 Construction and operation of terminals._ ................................................................. 217 Grant of license to operate terminals._ ....................................................................... 218 Certain provisions of Chapter VIIA to apply to terminal operators license._ ..... 220 Modification of license conditions._ .............................................................................. 220 Directions affecting licensees._ ..................................................................................... 221 Suspension or cancellation of license, etc._ ............................................................... 222 Appeals._ ............................................................................................................................ 223 Power to make regulations._ ......................................................................................... 223
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -IX
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER V CONTROL OF TRANSPORT VEHICLES Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER IX : CONSTRUCTION AND OPERATION OF TERMINALS 164. Interpretation._ In this Chapter, unless otherwise requires(a) the context Remarks Proposed a new law to replace the MVO 1983
Modified Inserted new
authority means the Authority, or any Regional Transport Authority, or any other prescribed public body or body of persons or authority or officer as the Government or the Authority may consider it necessary to appoint by notification in the official Gazette for such Districts or Metropolitan areas, or part thereof, to grant or renew a undertake construction, license to development or operation of bus-truck terminals (interchanges) and discharge all other related functions under the Act or any rules or regulations made there under; "bus service" means the bus service described under clause (d) of section 141; "bus service operator" means the operator of a bus service described under clause (e) of section 141; "bus terminal" means a terminal or station with purpose-built facilities for the commencement or termination of one or more bus services and for the boarding or alighting of bus passengers; competitive bidding means the procedure specified under clause (f) of section 140; "license" means a license granted under this Chapter to operate bus-truck terminals; "licensee" means the holder of a license under this Chapter. "truck terminal" means a terminal or station with purpose-built facilities for the loading and unloading and for commencement or termination of services by one or more trucks operated either under a permit issued under Chapter VII or under a public transport service operators license issued under Chapter VIII respectively; Modified
(b) (c)
(d)
(e) (f)
(g) (h)
56.
67
[ Transport Vehicle] Terminal Authority In order to undertake construction, development,
165. Construction and operation of terminals._ (1) No person except the Authority, the Regional Transport Authority, or such
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improvement, maintenance, 68 management and control of [ transport vehicle terminal], bus stands, halting places and parking zones, the Government may, by notification in the official Gazette, constitute an authority or board, either for the whole country or for a region or for a specified area, consisting of such number of members as it thinks necessary. (2) other public body or body of persons authorized by the Government or by the Authority or an authorized licensee shall undertake construction, development, improvement, maintenance, management, control and operation of terminals (interchanges) for any class of public vehicles, or stands and halting places, places for loading and unloading of passengers and goods, and parking places for such vehicles, or such other road transport facilities in any region or in a specified area. Any person, who contravenes subsection (1), shall be guilty of an offence. Inserted new
166. Grant of license to construct or operate terminals._ (1) Subject to the provisions of this Chapter, the authority may, on the application of a winning bidder, selected through competitive bidding, processed through a prescribed method for such license, grant or renew a license to that person, to construct or operate any bus-truck terminal or other facilities in such manner and in such forms as may be prescribed, or refuse the application: Provided that no license shall be granted or renewed(i) (ii) to any person who is a minor; or to any person who fails to comply with the prescribed qualifications, experience and requirements,or to any person who fails to submit the application for such a license within such period, in such form, in accordance to such procedures, and along with such deposits (may include the deposit of security or bank guarantee), fees, taxes, levy, declaration, statutory declaration, evidence, documents, particulars and information as may be specified by the authority or prescribed; or to a person or a body of person, or an operator of terminals, who has been previously disqualified to hold such a license or whose license has been revoked; or to a person who is under arrest, or in the custody or in jail; or a person who used a motor vehicle in committing a criminal offence; and any license previously issued to such persons shall be cancelled. (2) A licensee shall be authorised under this Act, to construct or operate the bus-truck terminal or other facilities specified in the
(iii)
(iv)
(v) (vi)
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license for such period and on such conditions, as may be specified in the license, unless the license is earlier revoked, cancelled or suspended under the provisions of this Act. (3) In granting or renewing a license under this Chapter, the authority, shall have regard tothe financial standing of the applicant, his financial resources and business reputation to provide a satisfactory service to the passengers, intending passengers or other users or members of the public with reasonableness of charges and general efficiency; the experience and ability of the applicant to maintain and operate an adequate, satisfactory, safe and efficient bus-truck terminal or other facilities; and the character and fitness of the applicant to be granted with a license, and where the applicant is a body corporate, the character and fitness of the members of the board of directors or committee or board of trustees or other governing body of the body corporate. In granting or renewing a license, the authority may impose such conditions as it thinks fit, including conditions relating tothe extent, hours and general level of service; the maintenance and operation of the bustruck terminal and any equipment and facilities to be provided therein; the safety and security of persons using or engaged in any work at the bus-truck terminal or other facilities; the maximum fees payable to the licensee by the public transport service or public vehicle operators or others for using the terminals or other facilities for their vehicles; the conditions and use of the bus-truck terminal or other facilities by employees, agents, tenants and contractors of the licensee, or by the workers of public vehicles or by public transport service licensees, and by the members of the public; and the standards of performance to be complied with by the licensee in the maintenance and operation of the bustruck terminal or other facilities. The authority that granted the license may, with the permission of the Authority, permit the transfer of any license, issued under this Chapter, in such manner and on
(a)
(b)
(c)
(4)
(a) (b)
(c)
(d)
(e)
(f)
(5)
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payment of such fee, levy and on such conditions, as may be prescribed. (6) No person shall alter, deface, mutilate or add any thing by writing or in any other way to any license and produce any such license to any authority or officer for any purpose. Any person who contravenes sub-section (6) or any conditions of the license granted under this chapter or any directions of the authority shall be guilty of an offence. Inserted new
(7)
167. Certain provisions of Chapter VIII to apply to terminal operators license._ The provisions of sections 148, 150, 152, 153, 154 and 155 shall so far as may be, apply in relation to a license or a licensee under this Chapter as they apply in relation to a public vehicle operators license or the holder of such license under Chapter VIII, unless for very nature, the application is inappropriate. 168. Modification of license conditions._ (1) Subject to this section, the authority granting or renewing the license may, modify the conditions of a license. Before making any modification to the conditions of a license under sub-section (1), the authority shall give notice to the licensee stating that it proposes to make the modification in the manner specified in the notice; and specifying the time (not being less than fourteen days from the date of service of the notice on such licensee) within which the licensee may make written representations to the authority with respect to the proposed modification. Upon receipt of any written representation referred to in clause (b) of sub-section (2), the authority shall consider such representation and may reject the representation; or amend the proposed modification in such manner as it thinks fit having regard to the representation. Subject to sub-section (6), if the authority rejects any written representation under clause (a) of sub-section (3) or amends any proposed modification to the conditions of a license under clausde (b) of sub-section (3), the modification as specified in the notice or as amended by the authority, as the case may be, shall take effect on a date specified in writing by the authority.
Inserted new
(2)
(a)
(b)
(3)
(a) (b)
(4)
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(5) Subject to sub-section (6), if no written representation is received by the authority within the time specified under clause (b) of sub-section (2) or if any written representation made under clause (b) of aforesaid sub-section (2), is subsequently withdrawn or rejected, the modification as specified in the notice shall take effect on a date specified in writing by the authority. Any modification to the conditions of a license under sub-section (4) or (5) shall not take effectduring the period referred to in sub-section (1) of section 171; and where the licensee has appealed against the modification, unless the appellate authority otherwise directsthe licensee shall comply or continue to comply with any license condition or decision being appealed against; and the license condition or decision shall be effective and enforceable against the licensee; until the determination of the appeal. 169. Directions affecting licensees._ (1) The authority granting or renewing the license may, give directions to any licensee on or in respect of the following mattersthe extent, hours and general level of service; the maintenance and operation of the bustruck terminal and any equipment or facilities therein; the safety and security of persons using or engaged in any work at the bus-truck terminal or other facilities; the conditions and use of the bus-truck terminal or other facilities by passengers, employees, agents, tenants and contractors of the licensee, by public vehicle operator or bus service licensees, and by members of the public; and any other matter affecting the interests of the passengers or public in connection with the service provided by the licensee. Any direction given under sub-section (1)may require the licensee concerned (according to the circumstances of the case) to do, or not to do, such things as are specified or described in the direction; shall take effect at such time as specified in the direction; and may be revoked or modified at any time by the authority. Inserted new
(6)
(a) (b)
(i)
(ii)
(a) (b)
(c)
(d)
(e)
(2) (a)
(b) (c)
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(3) (a) (i) (ii) Before giving any direction to any licensee under subsection (1), the authorityshall give notice to the licenseeinforming him of the proposed direction and setting out its effect; and specifying the time within which he may make written representations to the authority with respect to the proposed direction, unless the authority, in respect of any particular direction, considers that it is not practicable or desirable that such notice be given; and (b) (4) shall consider any representation made by the licensee. Every licensee shall, at his own expense, comply with every direction given to him by the authority under this section, failure to which he shall be guilty of an offence. Inserted new
170. Suspension or cancellation of license, etc._ (1) (a) Subject to licensee sub-section (2), if any
contravenes, or fails to secure the compliance by his employees, agents or contractors with, any of the conditions of his license or any direction given by the authority under section 169; goes into compulsory or voluntary liquidation other than for the purpose of reconstruction or amalgamation; or makes any assignment to or enters into a composition with his creditors, the authority may, by notice in writing and without any compensation to the licensee or any other person, do all or any of the following:
(b)
(c)
(i)
rectify the non-compliance and recover the costs of such rectification from the licensee; suspend or cancel the license of the licensee; require the licensee to pay, within a specified period, a financial penalty not less than five hundred units and not more than five thousand units as the authority thinks fit. The authority shall, before taking any action under subsection (1), give the licensee notice in writing of its intention to do so and shall call upon the licensee to show cause within such time as may be specified by the authority as to why such action ought not to be taken. Any cost recoverable from any licensee
(ii) (iii)
(2)
(3)
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under clause (i) of sub-section (1), and any financial penalty payable by any licensee under clause (iii) of sub-section (1), shall be recoverable as a debt due to the authority from the licensee, and the licensees liability to pay shall not be affected by his license ceasing (for any reason) to be in force. 171. Appeals._ (1) Being aggrieved, by any condition imposed or any modification made to the conditions of license, or by any direction or decision given by the authority, or by the refusal of the authority to grant or renew a license, or by imposition of any financial penalty or by suspension or cancellation of a license or by disqualification, any applicant or licensee may, within such period as may be prescribed, appeal to the appropriate appellate authority specified under section 43, in the prescribed manner and on payment of prescribed fee, if any; and on such appeal, the appellate authority, after such inquiry, if any, as he may consider necessary, may make such order as he thinks fit, and any order so made shall be binding on the authority or officer who made the order and on the appellant. (2) Where an appeal is lodged by an applicant or a licensee under subsection (1), unless the appellate authority otherwise directsthe applicant or the licensee shall comply or continue to comply with any license condition, direction or decision being appealed against; and the license condition, direction or decision shall be effective and enforceable against the appellant , until the determination of the appeal. Where the licensee appeals under subsection (1), against any refusal to renew his license, and his license expires at any time from the date of receipt of the notice of refusal to the date of determination of his appeal, the licensee shall be deemed to have a license to operate the terminal, in respect of which his license was previously granted or renewed, from the date of expiry of his license to the date of determination of the appeal. Inserted new
(a)
(b)
(3)
172. Power to make regulations._ (1) The Authority may make such regulations as it may consider expedient for prescribing anything which may be prescribed under this Chapter, and otherwise for the purpose of carrying into effect the provisions of this Chapter.
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(2) Without prejudice to the generality of the foregoing power, regulations under this Chapter may be made with respect to all or any of the following matters, namely:the terms and conditions, conduct of business by the operators of bus-truck terminals , and the reports and returns to be furnished by them; the qualifications and competency of persons for licensing; the procedures for submission of bids and selection of candidates for a license; the issue and renewal of licenses manually or electronically and the fees to be charged for the issue and the renewal, transfer or replacement or for an addition or alteration to a license, or for recording the change of address, transfer and the manner of payment thereof; the forfeiture of any vehicles seized and auction thereof; the procedures for left baggage, lost and found items; the requirements to be complied with before a license may be granted, refused, varied or renewed, or transferred or replaced or computerized and the information and evidence to accompany the applications; the conditions on which a license may be granted, varied or renewed; the period for which a license may remain in force and the conditions thereof; the classes of operators for licensing purposes; the forms to be used for the purposes of this Chapter and the contents of licenses; the records and registers to be maintained in relation to licenses and for such other matters as may be required under this chapter; 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; the grounds on which and the authority by which a license may be cancelled, suspended or varied and the procedures to be followed in the cases of issue, renewal, transfer, lamination, replacement, suspension and cancellation of license, and the seizure and surrender of license; the procedures for periodic and random inspection and audit of compliance to license requirements and submission of reports thereof;
(a)
(b) (c) (d)
(e) (f) (g)
(h) (i) (j) (k) (l)
(m)
(n)
(o)
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(p) the protection of environment, maintaining and use of public stands, stations, terminals (interchanges), parking places, by the oprators and by public vehicles and others; the entry and exit of vehicle and passengers and halting, keeping and use of vehicles and maintaining of records thereof either in manual or electronic form or by using such other facilities; the issue of duplicate licenses in place of licenses lost, destroyed or mutilated, licenses have been surrendered or seized, and the fees to be charged therefore and the manner of payment; the production of license, or any other documents or certificates, before the Authority, authority or other authority or officer, for examination and the revision of entries, particulars therein; the levy of tax and/or fees to be charged or deposits to be made for the issue, renewal, transfer or alteration of public vehicle license; the refund or forfeiture of tax or fees or deposits, the manner in which such tax or fees may be collected including the use of electronic, computerized or other facilities; the conditions subject to which the Authority, authority or any other prescribed authority may disqualify a person for holding a license and the communication of particulars by the authorities or officers; the badges and uniform to be worn by drivers, other workers of public vehicles and the employees of terminal operator and the fees to be paid in respect of such badges and uniform; the size, shape and character of the identification marks, plates or the signs to be exhibited permanently or temporary in any terminald for public transport services or public vehicles; the manner in which those marks or signs are to be secured, displayed and rendered easily distinguishable by night or by day and to prohibit those marks and signs from being tampered; the control and management of traffic in and around the terminals; the facilities for carrying personal baggages and for loading and unloading and the payment for the use of such facilities;
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
(y) (z)
(aa) the particulars of license that may be displayed in a conpicuous place at the terminals;
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(bb) the minimum qualifications, training, other requirements and the conduct of the employees of the licensee; (cc) the conduct of the workers of public vehicles, employees of terminal operator during use and their stay in the terminals; (dd) the safety equipment and safety procedures for the licensee, his employees, users and others; (ee) the exemption of prescribed persons, or prescribed classes of persons from the requirements to obtain a license and from the payment of all or any portion of the fees, levy payable under this Chapter; (ff) the requirement which shall be complied with in the construction or use of any terminal or stand or halting place, including the provisions of adequate equipment and facilities for the convenience of all users thereof, the fees, if any, which may be charged for the use of such facilities;
(gg) the regulation of taxi cab stands; (hh) the records which shall be maintained at terminal and such stands or halting place, the staff to be employed thereat and generally for maintaining such terminal and stands and the duties and conduct of such staff, and places in a serviceable and clean conditions; (ii) any other matter which is to be or may be prescribed.
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Contents
CHAPTER X : CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES ............................................................................................................................................. 227 173. 174. 175. 176. 177. 178. Construction, equipment, use and maintenance of motor vehicles._ ................... 227 Approval of design, construction, etc._ ....................................................................... 228 Fitting and using of prohibited horns._........................................................................ 230 Using of motor vehicles in unsafe condition._ ........................................................... 230 Using of motor vehicles emitting smokes._ ................................................................ 231 Power to make regulations._ ......................................................................................... 231
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -X
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER VI CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES 82. General provision regarding construction and maintenance Every motor vehicle shall be constructed and so maintained as to be at all times under the effective control of the person driving the vehicle. Vehicles to have right hand control Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature. Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of Remarks Proposed a new law to replace the MVO 1983
CHAPTER X : CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES 173. Construction, equipment, use and maintenance of motor vehicles._ (1) Every motor vehicle shall be so constructed and so maintained that it complies with the requirements of this Act and the rules and regulations made there under, and it is in good working order, safe condition, and environmentally suitable and all times remains under the effective control of the person driving the vehicle. (2) Every motor vehicle shall be so constructed as to have right hand steering control: Provided that if it becomes necessary in the public interest, the Government may by notification in the official Gazette, exempt, subject to such conditions as may be specified therein any motor vehicle or class of motor vehicle from the operation of this sub-section. (3) No person shall drive or use or cause or permit to be driven or used, or import or sell or supply or offer for sale, supply or delivery or cause or permit to be sold, supplied, or offered for sale, or manufactured, re-built or altered or manufacture, re-built or alter a vehicle or parts thereof, or a component combination of a motor vehicle and a trailer which is not in safe condition and in good working order or which does not comply with the requirements of this Chapter and the rules and regulations made there under and the age applicable to the class or description of vehicle under this Act: Provided that the Authority may prescribe conditions subject to which this subsection shall not apply to a vehicle which has been broken down or to a disabled vehicle which is under repair or which is being towed or to such other vehicle as may be prescribed or as may be specified by the Government by notification in the official Gazette: Provided further that the Government or the Authority may, by notification in the Gazette, authorize, subject to such
Modified Modified
83.
151. Sale of vehicle in or alteration of vehicle to a condition contravening this Ordinance 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 punishable with imprisonment which may extend to two years, or with fine which may extend to five thousand Taka or with both: 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
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which it might lawfully be so used. restrictions and conditions, as may be specified in the notification, the use of special motor vehicles, or special types of motor vehicles, which are constructed either for special purposes or for tests or trials and of new or improved types of motor vehicles, whether wheeled or wheelless. If the Authority deems it necessary or expedient, so to do in public interest, it may by order published in the Official Gazette, notify that any equipment, or parts or process used by a manufacturer shall conform in such standard as may be specified in that order. No person, being a manufacturer or an assembler or an importer or a dealer in motor vehicle or its parts, shall sell or offer for sale or deliver components or equipment or accessories which are of low quality or have been prohibited to be used in a motor vehicle under this Act, or the rules or regulations made thereunder, or under any other laws or by laws, issued by a competent authority. Any person, who contravenes this section, shall be guilty of an offence: Provided that no person shall be charged under this section for an alteration in a vehicle if the alteration relates to the mere change of colour or if it does not effect safety or 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. Inserted new
(4)
(5)
(6)
151. Sale of vehicle in or alteration of vehicle to a condition contravening this Ordinance 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 punishable with imprisonment which may extend to two years, or with fine which may extend to five thousand Taka or with both: Provided that, no person shall
174. Approval of design, construction, etc._ (1) Without prejudice to section 173, no person being a manufacturer, assembler, dealer or importer shall, sell or offer for sale or deliver a motor vehicle or trailer or any equipment, or parts of a motor vehicle, unless the vehicle or the equipments or the parts is a type vehicle or equipment or parts. (2) In the section(a) a type vehicle or equipment or parts refers to a vehicle or equipment or parts in respect or which a type approval certificate has been issued by the Authority or by an authorized officer or by the authorized vehicle or equipment testing station; (b) a type approval certificate means a certificate issued by the authority specified in clause (a) of this subsection, to the effect that the motor vehicle or the equipment or the parts to which such certificate relates, complies with the relevant type approval requirements, and
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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. that adequate arrangements have been made to secure that other vehicles or equipment or parts, purporting to conform with that vehicle or equipment or parts, in the relevant aspect of design, specifications, construction, weights, equipment, parts and markings will so conform in all aspects or with such variations as is permissible under the rules or regulations made, or as may be permitted by the Authority; the relevant type approval requirement means, the requirements prescribed, in respect of design, specifications, construction, weight, equipment, parts and markings for a vehicle, equipment or parts, being requirements under this Chapter, whether or not the vehicle or equipment or parts of that class have been previously used or are being used. If a motor vehicle is sold or supplied or offered for sale, manufactured, re-built or altered in contravention of this section, or any person who so sells or supplies or offers for sale, manufacture, re-built or alters such motor vehicle or parts thereof, or causes or permits it to be sold, supplied or offered for sale, or manufactured, rebuilt or altered, shall be guilty of an offence: Provided that the person shall not be convicted of an offence under this subsection in respect of the sale, supply, offer for sale, manufacture, re-built or alteration of a motor vehicle, or parts or equipment thereof, if he proves that he had reasonable cause to believe that the motor vehicle or the parts or the equipment, would not be so used until it had been put into a condition in which it might lawfully be so used; and that it was a condition of such sale, supply, offer for sale or alteration that such motor vehicle would not be so used until it had been put into a condition in which it might lawfully be used under this section, or that it was sold, supplied, offered for sale, or manufactured, re-built or altered, as the case may be, for export from Bangladesh. The Authority may make regulations, specifying:the procedures for submission and disposal of application for type approval; the type approval of any new model of motor vehicles; the quality of manufacturing or assembling of motor vehicles and the recall mechanism; inspection and testing of prototype vehicle, equipment or parts; the issue of type approval certificate, and
(c)
(3)
(4) (a) (b) (c)
(d) (e)
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(f) the conditions thereof; inspection and examination by the authorized officers, or by the Authority, or by the authorized testing station, vehicle purporting to conform with type vehicle, equipment or parts; the entry of premises, where such vehicles or equipment or parts are manufactured or assembled or repaired; the notification by the manufacturer or assembler or dealer of the differences between any such vehicle and the type vehicle or the type equipment or the type parts and any defects thereof; the sale of vehicle and the issue of manufacturer's certificate; affixing of vehicle identification, marking and weight plate; the manner in which appeal may be preferred, by the person aggrieved with respect to type approval, sale or supply or alteration and the manner in which such appeal may be disposed off and the fees to be charged; the forms to be used for the purposes of this section; the fees and levy to be charged for examination of vehicle, equipment or parts and issue of certificate, etc.; and such other matter as may be prescribed. Modified
(g)
(h)
(i) (j) (k)
(l) (m)
(n) 139. Fitting and using of prohibited horns or other sound producing device Whoever uses or being the owner or person in charge of motor vehicle fits, causes or allows fitting of any horns or any sound producing devices prohibited by any competent authority having jurisdiction over the area or prohibited under the provision of this 121 Ordinance or any [ rules or regulations] made thereunder or uses horn or any sound producing device where its use is prohibited shall be punishable with fine which may 122 [ one hundred] extend to Taka. 149. Using vehicle in unsafe condition 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
175. Fitting and using of prohibited horns._ Any person who uses, or being the driver or the owner or person in charge of a motor vehicle fits, causes or allows fitting of any horns, or any sound producing devices, prohibited under the provision of this Act, or any rules or regulations made there under, or prohibited by any competent authority having jurisdiction over the area, or uses a horn or any sound producing device, where its use is prohibited, or uses a horn or any sound producing device continuously or at a time or place, or in a manner, not permissible under this Act, or of any rules or regulations made thereunder, shall be guilty of an offence.
176. Using of motor vehicles in unsafe condition._ Any person, who drives or causes or allows to be driven in any public place, or in any other place, a motor vehicle or trailer, or a combination thereof, while such vehicle or trailer fails to comply with this chapter or the rules or regulations made thereunder and the safety requirements or safety procedures, or has
Modified
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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 punishable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred and fifty Taka, or with both, or, if as a result of such defect an accident is caused, causing bodily injury or damage to property, with imprisonment which may extend to three months, or with fine which may extend to one thousand Taka, or with both. 150. Using of motor vehicles emitting smokes (1) Whoever drives or causes or allows or lets out a motor vehicle for use in any public place, the smoke of which would constitute a health hazard, shall be punishable with 149 [ fine which may extend to two hundred] Taka. Any police officer not below the rank of Sub Inspector of Police in uniform authorised in this 150 behalf by the [ Authority or any Inspector of Motor Vehicles or other persons authorised in this behalf by the Authority] may seize and detain such vehicle for such time as may be necessary to ascertain if the smokes constitute a health hazard. No person shall be convicted of an offence punishable under sub-section (1) solely on the evidence of a witness unless that opinion is based on a test by the competent person. Power to make rules The Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers and the establishment, registration, operation and supervision of motor vehicles repairing workshop. Without prejudice to the generality of the foregoing power, rules may be made 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 vehicle, using such place, shall be guilty of an offence; or if as a result of such defect an accident is caused, causing death or grievous bodily injury or bodily injury to another person or damage to the property of another person, he shall also be guilty of an offence.
(2)
(3)
177. Using of motor vehicles emitting smokes._ (1) Any person who drives, or causes or allows or lets out, a motor vehicle for use in any public place, while such vehicle fails to comply with the emission standards prescribed for the type, description or class of vehicle, and standards of maximum permissible concentration, or emits smoke exceeding the permissible limit, or the smokes of which would constitute a health hazard, shall be guilty of an offence. (2) Any police officer, not below the rank of Sub-Inspector of Police in uniform, authorised in this behalf by the Authority, or any Inspector of Motor Vehicles, or other persons authorised in this behalf by the Authority, may seize and detain such vehicle, for such time as may be necessary to ascertain, if the emission of smoke is beyond permissible limit, or if the smokes constitute a health hazard. (3) No person shall be charged of an offence, committed under sub-section (1), solely on the evidence of a witness, unless that opinion is based on, a test by the competent person or by the authorized vehicle testing station. 178. Power to make regulations._ (1) The Authority may make regulations for the purpose of carrying into effect or to supplement the provisions of this Chapter, generally as to the use of motor vehicles and trailers, their design, construction, equipment and parts, safety standards, performance efficiency, road worthiness and the conditions under which they may be used, repaired and maintained. (2) Without prejudice to the generality of the foregoing power, regulations may be
Modified
84. (1)
Modified
(2)
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under this section governing any of the following matters either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances, namely: (a) the width, height, length and overhang of vehicles and of the loads carried; seating arrangements in public service vehicles and the protection of passengers against the weather; the size, nature and condition of tyres; brakes and steering gear; the use of safety glass; signalling appliances, lamps and reflectors; speed governors; the emission of smoke, visible vapour, sparks, ashes, grit or oil; the reduction of noise emitted by or caused by vehicles; prohibiting or restricting the use of audible signals at certain times or in certain places; prohibiting or restricting the use as transport vehicles of any motor vehicle or any motor vehicle with left hand steering control; prohibiting the carrying of appliances likely to cause annoyance or danger; the periodical testing and inspection of vehicles by prescribed authorities; the particulars other than registration marks to be exhibited by vehicles and the manner in which they shall be exhibited; the use of trailers with motor vehicle; prohibiting or enforcing the painting in particular colours of motor vehicles of particular descriptions or for particular purposes or in particular areas; registration, control and supervision of establishments undertaking repair works of motor vehicles and the conditions governing such establishment; and any other matter which is to be made under this section governing any of the following matters either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances, namely:the width, height, length, wheel base, overhang and axle weight of vehicles and trailers and the loads carried thereby and the use thereof; seating arrangements in motor vehicles and the protection of passengers against the weather; the maximum weight unladen, laden of the motor vehicles and trailers and the method and conditions of testing such weights; the maximum weight to be transmitted to the road or any specified area thereof, by a motor vehicle or trailer of any class, or by any part or parts of such a vehicle or trailer, in contact with the road, and the conditions under which the weights may be required to be tested; the identification numbers and other particulars to be marked on motor vehicles and trailers, and the chassis and engine and other parts of such vehicles; the fitting and use of safety seat-belts and head restraints to any class or description of vehicles, the minimum standards of quality of material and construction with respect to road safety seat-belts and the position in which such safety seat-belts shall be fixed, and to prohibit the sale or supply of un-approved safety seat-belts and exemption of persons from using seat belts; handle bars of motor cycles, auto-dippers and other equipments essential for the safety of drivers, passengers and other road-user; standards of the components used in the vehicle as inbuilt safety devices; transportation of goods of dangerous or hazardous nature to human life; the fitting of bumper bars and bull bars; the fitting of mirror, camera, and such other equipment; installation and use of radio, audio-visual or tape recorder type of devices, wireless set, television, telephone, compact disk or digital video disc type of devices; the windscreen, windscreen wipers and washers; the mudguards and wheel arches; carrying of fire extinguishers on motor vehicles or specified class of motor vehicles or trailers; the size (the diameter and the width of wheels), nature, maximum retail price and
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or may be rules].
96
[ prescribed by the
condition of tyres including embossing thereon of date and year of manufacture, and the maximum load carrying capacity, prohibition or restriction on the use of particular wheels, tracks or tyres; (q) number and nature of springs and brakes, the steering gear and the silencer, including proper working order and efficiency; (r) the fitting and use of safety glasses including prohibition and restriction on the use of tinted safety glasses; (s) fitting and use of signalling appliances, hazard warning device, lamps, director indicators and reflectors; (t) the lights and reflectors to be carried by vehicles, or vehicles of any class or description, nature of such lights and reflectors, the positions in which and the colour of background on which, they shall be fixed, the period of lighting; (u) fuel meter, speed meter, speed regulator, and such other devices; (v) use of any type of fuel for propelling motor vehicles including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, and the conditions for fitment of a conversion kit of approved specifications, compliance to conditions for approval, retrofitment and other related matters for such conversion. (w) the emission of smoke, visible vapour, sparks, ashes, noxious fumes, gas or grit or oil, steam or water; (x) the emission standards and standards of maximum permissible concentration and the methods of test for determining such standards and concentration; Provided that any matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry dealing with environment; (y) installation of catalytic convertors in the class of motor vehicles; (z) the reduction of noise emitted by or caused by motor vehicles or components, and the maximum permissible noise level or standards and the methods of test for measuring such level or standards; (aa) affixing and use of audible signals such as horn, gong, bells or other similar devices; (bb) the embossment of chassis number and engine number and the date of manufacture; (cc) warranty after sale of vehicle and norms therefor; (dd) prohibiting or restricting the use as transport vehicles of any motor vehicle or any motor vehicle with left hand steering control or with steering bar
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(ee) the type approval requirements, variation, modification, suspension and cancellation of type approval certificate, and exemption from such certificates; (ff) prohibiting the sale of equipment designed or intended to be used in, or in connection with motor vehicles, if the equipment is not of approved type or has not been approved by the Authority; (gg) issue of manufacturer's certificates and exemption from such certificate; (hh) prohibiting the carrying of appliances likely to cause annoyance or danger; (ii) the periodical testing and inspection of vehicles, equipment and components by the Inspector of Motor Vehicles or by authorized officers, stations and other prescribed authorities; (jj) testing of condition of vehicles on roads; (kk) method and facilities for testing stability of different types of vehicles with or without load; (ll) the particulars other than registration marks to be marked and exhibited by vehicles and the manner in which they shall be marked and exhibited; (mm) the towing or drawing of vehicles by towtrucks, or other motor vehicles and the manner of attachment, control of tow-truck operation, the use of trailers with motor vehicle; (nn) prohibiting or enforcing the painting in particular colours of motor vehicles of particular descriptions or for particular purposes or in particular areas; (oo) registration, control and supervision of establishments undertaking repair works of motor vehicles and the conditions governing such establishment; (pp) the establishment, registration, control, operation, authorization and manning of vehicle testing station; (qq) exemption of any class of motor vehicles or persons from the provisions of this Chapter or from any rules or regulations made there under and the conditions governing such exemption ; and (rr) any other matter which is to be or may be prescribed.
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Contents
CHAPTER XI : MANUFACTURER, ASSEMBLER AND DEALERS .......................................... 235 179. 180. 181. 182. 183. 184. Interpretations._........................................................................................................... 235 Requirement of dealer's license._ ............................................................................. 235 Requirement of used parts dealer, wreckers and builders license._ ................. 236 Trade certificate._ ........................................................................................................ 236 Notifying safety-related defects in motor vehicles._ ............................................ 238 Power to make regulations._ ..................................................................................... 241
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -XI
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER XI : MANUFACTURER, ASSEMBLER AND DEALERS 179. Interpretations._ For the purposes of this chapter the following words and phrases have the meanings ascribed to them: (a) "rebuilt salvage vehicle" means any salvage vehicle which has been rebuilt and certified by the authorized officer or authorized vehicle testing station for the purpose of registration; (b) "reconstructed vehicle" means every vehicle of a type required to be registered under this Act, materially altered from its original construction by the removal, addition or substitution of essential parts, new or used; and (c) "salvage vehicle purchaser" or "junk vehicle purchaser" means any person other than an insurer who purchases or otherwise obtains possession of a salvage vehicle or a junk vehicle. 180. Requirement of dealer's license._ (1) No person unless licensed or registered to do so by the Authority or other prescribed authority, under the provisions of this section, shall carry on, or conduct the business of a manufacturer or assembler or importer of motor vehicles or dealer in motor vehicles, trailers or semi-trailers, whether new or used, or in their parts or equipment or in the repair of such vehicles or parts or equipment. (2) A dealer's license or registration and the application for such license or regstration or for its renewal shall be in such forms and shall contain such information as may be prescribed by regulation. (3) A dealer's license or registration may be applied for, granted renewed or refused or rejected or suspended or cancelled in accordance with the regulations made in this behalf. (4) Every application for a dealer's license or registration or for its renewal or for a duplicate of such license or registration shall be verified by the oath or affirmation of the applicant, either individually or in the event of an applicant is an organisation by an officer thereof and shall be accompanied by such documents, levy Remarks Proposed a new law to replace the MVO 1983 Inserted new Inserted new
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or fees as may be prescribed or determined in respect. Every licensee under this section shall maintain such inventory and such records as may be prescribed and every such inventory or records and the premises of the licensee shall be subjected to inspection to any reasonable time by a authorized police officer or by the Inspector of Motor Vehicles or such other officer as may be authorised or designated by the Authority or by the Authority itself. Any licensee, before moving to anyone or more of licensee's places of business or opening any additional place of business, shall apply to the Authority for and obtain a supplemental license. Any person who contravenes or fails to comply with the requirements of this section shall be guilty of an offence. Inserted new
(5)
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181. Requirement of used parts dealer, wreckers and builders license._ (1) No person shall except as an incident to the sale or servicing of vehicles, carry on or conduct the business of selling used parts or used accessories for vehicles, wrecking or dismantling vehicles for resale of parts thereof, or re-building of wrecked, dismantled vehicles or salvaged vehicles or undertaking the repair works of motor vehicles, unless licensed do so by the provisions of this section. (2) The provisions of sub-sections (2), (3), (4), (5), and (6) of section 180 shall be applicable unless by their way or nature can have no application to the license for used parts dealer, wreckers and rebuilders and the licensee. (3) Any person who contravenes or fails to comply with the requirements of this section shall be guilty of an offence. 182. Trade certificate._ (1) A manufacturer or an assembler or repairer of or a dealer in motor vehicles, may in lieu of taking out an Authorization Certificate under sub-section (5) of section 90, take out a motor vehicle trade certificate in respect of each motor vehicle used for demonstration purposes by such body or person in connection with his business, on an application made in the prescribed manner, with prescribed levy or fee, to the registering authority of the area in which his business premises are situated; and the registering authority may, subject to such conditions as may be prescribed, and on such inquiry as may be necessary, issue to such body or person,
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a motor vehicle trade certificate in prescribed form for such period as may be prescribed. The holder of a motor vehicle trade certificate issued under this section shall not be entitled by virtue of such certificateto use more than one motor vehicle at any one time, except in the case of a motor vehicle drawing a trailer and used for the prescribed purposes; or to use any motor vehicle for any purpose other than such purposes as may be prescribed. Nothing in this section shall operate to prevent a person entitled to take out a motor vehicle trade certificate, from holding two or more such certificate. A motor vehicle trade certificate shall not be granted until the applicant has produced evidence, to the satisfaction of the registering authority, that during the period of validity of such certificate there will be in force such policy of insurance or such security as complies with the requirements of section . . . . . . in respect of the use of motor vehicles in accordance with such certificate. A motor vehicle trade certificate shall not be assigned or transferred. A motor vehicle trade certificate may be applied for, granted, renewed, varied, refused or surrendered in such manner and in such forms and to such authority, as may be prescribed; and such a certificate may be suspended or cancelled or restored by the authority which granted the license or by a prescribed authority, for reasons to be recorded in writing after hearing the applicant for or the holder of the certificate. No motor vehicle trade certificate under this section shall be granted in respect of any heavy or medium motor vehicle or any semi-trailer unless the applicant satisfies the authority with a vehicle parking certificate or a document in respect of the parking of the vehicle for the period for which the certificate is applied for, issued by the relevant authority and certified by an authorized officer. Subject to the provisions of any rules or regulations made in this behalf, a motor vehicle trade certificate shall be granted for the vehicle(s) and the purposes specified in the application, or with such variation as the authority issuing the trade certificate deems appropriate, and shall not entitle the person to whom it is issued, to keep or use any other vehicle, or greater number of vehicle, or use the
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vehicle in any other time or day or for the purpose not specified in the trade certificate. (9) The holder of a motor vehicle trade certificate, may, at any time surrender such certificate to the authority which granted it, and shall on such surrender, be entitled to repayment, by way of rebate of such amount as may be prescribed, for the remaining number of calendar months, for which the certificate would have been in force. Provided that proceedings to secure such rebate or the repayment of any excess payment for such a certificate shall be brought at least before the expiration of three months from the expiry date of such certificate. (10) Any person who contravenes or fails to comply with the requirements or conditions of a trade certificate under this section shall be guilty of an offence. 151. Sale of vehicle in or alteration of vehicle to a condition contravening this Ordinance 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 punishable with imprisonment which may extend to two years, or with fine which may extend to five thousand Taka or with both: 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. 183. Notifying safety-related defects in motor vehicles._ (1) Any person being a manufacturer, assembler or dealer of motor vehicles shall, on becoming aware of any safetyInserted new Transferred, modified, provisions incorporated in other sections
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related defect in any vehicle manufactured or assembled or sold by him, cause a notice of the defect to be given to: the Authority, the authority responsible to issue auhorization certificate to motor vehicles and the registering authority; each person who has procured such a vehicle from the manufacturer, assembler or dealer; and each current owner of such a vehicle as determined from: any warranty issued by the manufacturer, assembler or dealer, with respect to the functioning of the vehicle that has, to the knowledge of the manufacturer, assembler or dealer or importer, been given, sold or transferred to the current owner; or the vehicle authorization and registration records as kept by the authority responsible for the issue of authorization certificate or by the registering authority of motor vehicles. Where the authority responsible for the issue of authorization certificate or the registering authority of motor vehicles is satisfied that the name of the current owner of a vehicle cannot reasonably be determined by a manufacturer, assembler or dealer in accordance with subsection (1) (c), the Authority or the authority responsible for the issue of authorization certificate or the registering authority may: order the manufacturer, assembler or dealer to give notice of the defect by publication in all prominent daily newspapers in Bangladesh or by dissemination in such alternative printing or electronic medium for such period as the Authority or the authority responsible for the issue of authorization certificate or the registering authority may determine; or order that the current owner need not be notified. A notice required to be given under subsection (1) or (2) shall be in such form as the Authority or the authority responsible for the issue of authorization certificate or the registering authority may require and shall: contain a description of the defect, an evaluation of the safety risk arising from it, and the directions for rectifying it; and state the time and place at which the person to whom the notice is given may present his vehicle in order that the defect may be rectified by the manufacturer or assembler or dealer or his agent. Any manufacturer, assembler or dealer of motor vehicles who causes any notice to be given under subsection (1) or (2) in
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connection with any safety-related defect in any vehicle manufactured, assembled, imported or sold by him shall: within a period of one month from the date on which such notice is given; and thereafter, within such subsequent period as the Authority or the authority responsible for the issue of authorization certificate or the registering authority may require; submit to the Authority or the authority responsible for the issue of authorization certificate or the registering authority, in such form as the Authority or the authority responsible for the issue of authorization certificate or the registering authority may require, a report containing such information relating to the safety-related defect and its rectification as the Authority or the authority responsible for the issue of authorization certificate or the registering authority may require. Any person who, being a manufacturer, assembler or dealer of motor vehicles: fails to comply with the requirements of sub-section (1), (3) or (4) or any order given by the Authority or licensing authority of motor vehicles or the registering authority under sub-section (2) (a); or fails to rectify or secure the rectification by his agent of any safety-related defect in any vehicle that is presented for rectification pursuant to a notice given by the manufacturer, assembler or dealer under this section, shall be guilty of an offence. Any person who, being the owner of a vehicle in respect of which a notice has been given by a manufacturer or assembler or dealer under this section, fails to produce the vehicle for rectification within such period as may be specified in the notice or such other period as the Authority or the authority responsible for the issue of authorization certificate or the registering authority of motor vehicles may allow, shall be guilty of an offence. The Authority may make regulations for the purposes of carrying this section into effect. In this section "dealer" means a person who is engaged in the business of importing or selling vehicles; "safety-related defect" , in relation to a motor vehicle, means a feature of the design or construction of the vehicle that is liable to cause significant risk of personal injury or death to any person
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using the vehicle or any other road user, and includes any defect relating to a component or parts of the vehicle that is bought by the manufacturer or the assembler of the vehicle from a supplier and sold by the manufacturer, assembler or dealer of the vehicle together with the vehicle as original equipment. 184. Power to make regulations._ (1) The Authority may make regulations for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generally of the foregoing power, such regulations may provide for the following: (a) the procedures for submission and disposal of application for a dealers license or dealers registration or a trade certificate; the issue of a dealers license or dealers registration or a trade certificate, and the conditions thereof; the notification by the manufacturer or assembler or dealer of any safety-related defect in any vehicle manufactured or assembled or sold by him; the levy of tax, method or manner for determining the amount of tax and fee for: a dealers license or dealers registration to carry on, or conduct the business of a manufacturer or assembler or importer of motor vehicles whether new or used, or dealer in motor vehicles, trailers or semitrailers or in their parts or equipment; or a dealers license or dealers registration to carry on or conduct the business of selling used parts or used accessories for vehicles, wrecking or dismantling vehicles for resale of parts thereof, or re-building of wrecked, dismantled vehicles or salvaged vehicles or undertaking the repair works of any motor vehicles; or a trade certificate to use a motor vehicle in connection with his business as a manufacturer or an assembler or repairer of or a dealer in motor vehicles in lieu of a motor vehicle rebate on all or any part of the levy payable for the dealers license or the certificate and the circumstances; fees and deposits for the submission of the application for a dealers license or a trade certificate and forfeiture of deposits for non-compliance of any coditions governing the submission of such application or refund on prescribed grounds; limit on the number of dealers license or the trade certificate to be issued for Inserted new
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different category, class or description of vehicle and the bid for the license; the period for which and the conditions upon which a dealers license or a trade certificate may be issued, suspended, or cancelled and the refund of all or any part of the levy paid for the license or the certificate and the circumstances; renewal of a dealers license or the trade certificate before or after its expiry and the levy, fee or deposits to be paid there for; issue of supplementary dealers license or registration or trade license or duplicate dealers license or registration or trade certificate in lieu of the license or the certificate lost or damaged with or without charges; exemption of a vehicle or a person from all or part of levy, fees or deposits and the circumstances; warranty after sale of vehicle and norms therefor; the inspection of the premises, vehicles, equipment, facilities of a manufacturer or assembler or importer of motor vehicles, or dealer in motor vehicles, trailers or semi-trailers or in their parts or equipment by the Inspector of Motor Vehicles or by authorized officers and other prescribed authorities; the registration marks and other particulars to be marked and exhibited by vehicles used under dealers license or trade certificate and the manner in which they shall be marked and exhibited; the appeal and the manner in which appeal may be preferred, by the person aggrieved with respect to a dealers license or dealers registration or a trade certificate and the manner in which such appeal may be disposed off and the fees to be charged; the forms to be used for the purposes of this Chapter; exemption of any class of motor vehicles or persons from the provisions of this Chapter or from any rules or regulations made there under and the conditions governing such exemption; all other matters which are incidental or necessary and required to be prescribed for carrying out or giving effect to this Chapter;
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-DRAFT PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011
Contents
CHAPTER XII : USE OF ROADS AND HIGHWAYS .................................................................. 243 185. 186. 187. 188. 189. 190. 191. 192. 193. 194. 195. 196. 197. 198. 199. 200. 201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 221. 222. 223. 224. 225. 226. 227. 228. The Highway Code._ ........................................................................................................ 243 Traffic Sign Manual._ ....................................................................................................... 243 Official traffic-control devices._ ..................................................................................... 244 Power to erect traffic signs._ ......................................................................................... 245 Obedience to traffic directions._ ................................................................................... 247 Display of unauthorised signs, signals, or markings._ ............................................. 249 Speed limit._ ..................................................................................................................... 249 Limits of weight, dimension and limitation on use._ ................................................ 251 Loads on vehicles._ .......................................................................................................... 253 Power to have vehicle weighed._ .................................................................................. 254 Power to restrict the use of vehicle._ .......................................................................... 256 Power of local authorities in respect of traffic._ ........................................................ 257 Removal of traffic hazards._ .......................................................................................... 259 Restricted use of loading zones._ ................................................................................. 260 Transit bus and high occupancy vehicle lanes._........................................................ 260 Restrictions on use of controlled-access roadway._ ................................................. 261 Temporary prohibition or restriction of traffic on road._ ......................................... 261 Drive on left side of the road._ ..................................................................................... 262 Driving on carriageways laned for traffic._ ................................................................. 263 Restrictions of vehicles on bridges._ ............................................................................ 264 Limitations on turning around or reversing._............................................................. 264 Emerging from alley, driveway or building._ ............................................................. 265 No passing zones._ .......................................................................................................... 265 One way road and rotary traffic islands._ ................................................................... 265 Driver transporting hazardous material._ ................................................................... 266 When lighted lamps are required._ .............................................................................. 266 Driving on a down-grade and on mountain highways._ .......................................... 267 Restrictions on following a vehicle._ ............................................................................ 267 Stop when traffic obstructed._ ...................................................................................... 267 On approach of authorised emergency vehicles._ .................................................... 268 Privileges of Emergency vehicles._ .............................................................................. 268 Power to restrict pedestrian crossing._ ....................................................................... 269 Power to remove structures from roads._ .................................................................. 269 Power to construct refuge, subway and foot-bridge._ ............................................. 271 Construction of structures for advertisement._ ......................................................... 271 Construction of access and laying of public utility installations._ .......................... 272 Liability for damage to highway or structure._ .......................................................... 274 Putting garbage, glass, etc., on highway prohibited._ ............................................. 274 Highway construction and maintenance._ .................................................................. 275 Parking places and halting stations._ .......................................................................... 275 Parking not to obstruct traffic._ .................................................................................... 276 Parking for certain purposes prohibited._ ................................................................... 276 Highway Collection._ ..................................................................................................... 277 Power to make regulations._ ......................................................................................... 278
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -XII
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of Remarks Proposed a new law to replace the MVO 1983
CHAPTER I PRELIMINARY
CHAPTER XII : USE OF ROADS AND HIGHWAYS 185. The Highway Code._ (1) The Authority shall, with the prior approval of the Government, issue a code to be known as "The Highway Code", comprising proper directions for the guidance of persons using roads and highways, and may likewise revise the Highway Code by revoking, varying, amending or adding to the provisions thereof in such manner as it thinks fit. The Highway Code shall continue to have effect subject to revision in accordance with sub-section (1). The Authority shall cause the Highway Code and every revised edition thereof, to be printed, and May, cause copies thereof, to be supplied free of charge or sold to the public, at such price as it may determine. The Authority may take, such other steps as it thinks fit, to secure and bring the provisions of the code, to the notice of the public. A failure, on the part of a person, to observe a provision of the Highway Code, shall not of itself render that person, liable to criminal proceedings of any kind, but any such failure may, in any proceedings, whether civil or criminal, and including proceedings for an offence under this Act, be relied upon by any party to the proceedings, as tending to establish or to negate any liability, which is in question in those proceedings.
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186. Traffic Sign Manual._ (1) The Authority shall, adopt a national traffic sign manual and specifications, for a uniform system of traffic control devices, consistent with the provisions of this Act, for use upon any roads or highways within Bangladesh. The highway authorities, the local authorities or the city traffic engineer shall place and maintain or caused to be placed or erected and maintained such traffic control devices conforming to the manual and specifications upon all the roads and highways under the respective
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jurisdictions as it shall deem necessary to indicate and carry out the provisions of this Act or to regulate, warn or guide traffic. (3) No person shall sell or offer for sale any sign, signal, marking or other device intended to regulate, warn or guide traffic unless it conforms to the traffic sign manual and specifications adopted under this section. Any person who contravenes sub-section (3) shall be guilty of an offence. No local authority or city traffic engineer shall place or maintain any traffic control device upon any highway under the jurisdiction of the national highway authority. Inserted new
(4) (5)
187. Official traffic-control devices._ (1) No provision of this Act, for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic-control devices are required, such section shall be effective even though no devices are erected or in place. No prohibition, regulation, or limitation relating to stopping, standing, or parking imposed under this Act or under any other law for the time being in force, shall be effective unless official traffic control devices are erected and in place at the time of any alleged offence. Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this Act, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. Any official traffic-control device placed pursuant to the provisions of this Act and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this Act, unless the contrary shall be established by competent evidence. Any person, who without lawful authority or willfully, attempt to or in fact damage, alter, twist, deface, injure, knock down, remove or in any way tamper or interfere with the effective operation of any official
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traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof, shall be guilty of an offence. 89. Power to erect traffic signs (1) The Government or any authority authorised in this behalf by the Government may cause or permit traffic signs to be placed or erected in any public place for the purpose of bringing to public notice any speed limit fixed under sub section (2) of section 85 or any prohibition or restriction imposed under section 88, or generally for the purpose of regulating motor vehicle traffic. (2) Traffic signs erected under sub section (1) for any purpose for which provision is made in the Ninth Schedule shall be of the size, colour and type and shall have the meanings set forth in the Ninth Schedule, but the Government or any authority empowered in this behalf by the Government may make or authorise the addition to any sign set forth in the said Schedule, or transcriptions of the words, letters or figures thereon in such script as the Government may think fit, provided that the transcriptions shall be of similar size and colour to the words, letters or figures set forth in the Ninth Schedule. (3) Except as provided by sub section (1) 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 sub section (1). (4) The Government may, by notification in the official Gazette, empower any District Magistrate or Superintendent of Police or the Commissioner of Police in the Metropolitan Areas 188. Power to erect traffic signs._ (1) The Government or the Authority or the city traffic engineer, or any highway authority having jurisdiction over the area or the road or the highway or any other authority authorised in this behalf by the Government or by the Authority or by any law in force, shall in consultation with the Authority or the Regional Transport Authority of the area, the chief of police of the area, and chief road transport officer of the area, cause or permit traffic control devices to be placed or erected in the road or highway or in any public place, generally for the purpose of regulating, warning or guiding vehicular traffic and/or pedestrian or animal traffic or for the purpose of bringing to public notice any speed limit fixed under sub-section (4) of section 191 or any prohibition or restriction imposed under section 195 or 198 or 201 or 204. Any highway authority or any local authority or any city traffic engineer having jurisdictions over the highway or the area, on the basis of an engineering and traffic investigation may, by erecting and maintaining at suitable places of the appropriate official traffic control devices, designate certain roads as arterial roads or main roads or busy roads or through highways, or designate intersections or other roadways junctions, at which vehicular traffic on one or more of the roadways should yield or stop and yield before entering the main road, intersection or junction or rail-road crossing for the purposes of driving regulations made here under this Act or any rules or regulations made there under, failure to which the person driving the vehicle shall be guilty of an offence. The authority, which erected a traffic sign or signal, may from time to time service or repair any traffic sign or traffic control signal, and when necessary, or may alter, change, remove, any traffic sign or signal, if deems fit, or if the traffic sign or signal, does not conform to that prescribed or specified, by the Authority under section 186. The traffic signs erected under sub-section (1) or (2) , for any purpose, shall be of the size, colour and type as may be specified in Traffic Sign Manual, under section 186, Modified
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(4)
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or any other prescribed authority to remove or cause to be removed any sign or advertisment which is so placed in his opinion as to obscure any traffic sign from view or any sign or advertisement which is in his opinion so similar in appearance to a traffic sign as to be misleading. (5) No person shall wilfully remove, alter, deface or in any way tamper with, any traffic signs placed or erected under this section. (6) If any person accidentally causes such damage to traffic sign as renders it useless for purpose for which it is placed or erected under this section, he shall report the circumstances of the occurrence to a police officer or at a police station as soon as possible, and in any case within twenty four hours of the occurrence. (7) For the purpose of bringing the signs set forth in the Ninth Schedule in conformity with any International Convention relative to motor traffic to which the Government is for the time being a party the Government may, by notification in the official Gazette, make any addition or alteration to any such notification, and the Ninth Schedule shall be deemed to be amended accordingly. 91. Main roads The Government or any authority authorised in this behalf by the Government may, by notification in the official Gazette or by the erection at suitable places of the appropriate traffic sign referred to in Part A of the Ninth Schedule, designate certain roads as main roads for the purposes of the regulations contained in the Tenth Schedule. except where the Government or the Authority, authorises the erection or retention of a sign of another character; and for the purpose of this sub-section, illumination, whether by lighting or by use of reflectors or reflecting material, or the absence of such illumination shall be part of the type or character of a sign. (5) Except as provided by sub-section (1) or (2), no traffic sign shall, after the commencement of this Act, be placed or erected on or near any road; but all traffic signs, erected prior to the commencement of this Act, by any competent authority shall, for the purposes of this Act, be deemed to be traffic signs, erected under the provisions of sub-section (1) or (2), so long these are not different, from the traffic signs, prescribed under section 186. Any local authority, or any city traffic engineer, or any highway authority, having jurisdictions over the area or the highway, or the Authority or any other prescribed authority, is here by empowered, to remove or cause to be removed, or cut down, any unauthorised sign or advertisement, which is so placed or any tree or vegetation, which is so growing, in his opinion as to obscure any traffic sign or the road ahead from view, or interferes with the effectiveness of the traffic control devices, or any sign or advertisement, which is in his opinion, so similar in appearance to, or so closely resembles a traffic sign, as to be misleading or which in his opinion is likely to distract the attention or concentration of the driver. If any person, accidentally causes such damage to a traffic sign or signal, as renders it useless for purpose, for which it is placed or erected under this section, he shall report the circumstances of the occurrence, to a police officer or at a police station as soon as possible, and in any case within twenty four hours of the occurrence, failure to which he shall be guilty of an offence. For the purpose of bringing the signs prescribed under section 186 in conformity with any International Convention relative to motor traffic to which the Government is for the time being a party, the Government or the Authority may direct any addition or alteration to any of the traffic sign prescribed and the traffic sign shall be deemed to have been prescribed accordingly. Every prohibited sign, signal or marking, is hereby declared, to be a public nuisance, and the authority having jurisdiction over
(6)
(7)
(8)
(9)
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the road or highway, is hereby empowered to remove the same or cause it to be removed without notice. (10) Any person or public body authorized under any law to do or cause to be done any work on a road shall place and maintain or cause to be placed and maintained on or near any road such traffic signs as are necessary or expedient to prevent or mitigate danger to persons so working on such road or to or from traffic whilst such work is being carried out. (11) Any police officer or other officer or authority or person acting in the course of his duty, may, cause or permit to be placed and maintained on or near any road any traffic sign which may be necessary or expedient to give effect to any regulations or orders lawfully given or made under any powers conferred upon any police officer or other officer, authority or person by any law relating to the prohibition, restriction, regulation or control of traffic or the search of vehicles or persons on such road or which may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic or danger to or from traffic in consequence of extraordinary circumstances: Provided that no such sign shall be maintained for any period longer than may be necessary for such purpose. (12) Any person, who without just cause or reasonable grounds fails to comply with the orders or direction given under subsection (11), shall be guilty of an offence. 92. Duty to obey traffic signs (1) Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given 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 to him by any police officer for the time being engaged in the regulation of traffic in any public place. (2) In this section mandatory traffic sign means a traffic sign included in part A of the Ninth Schedule, or any traffic sign of similar form, that is to say, consisting of or including a circular disc displaying a device, word or figure and having a red ground or border erected for the 189. Obedience to traffic directions._ (1) Every driver of a motor vehicle shall, subject to the exceptions granted under this Act, or subject to just cause or reasonable excuse, drive the vehicle in conformity with any indication or direction conveyed by a mandatory traffic signs, traffic control signal and road marking and in conformity with the driving regulations as set forth herein this Act or as may be prescribed. Every road user including the driver of a motor vehicle shall, subject to the exceptions granted under this Act, comply with all directions and instructions conveyed by traffic signs, traffic control signals and the road marking and given to him in the prescribed manner or otherwise by any police officer in uniform or other authorised or prescribed person for the time being engaged in the regulation of traffic or in the execution of his duty in any Modified
(2)
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purpose of regulating motor vehicle traffic under sub section (1) of section 90. (3) Every driver of a motor vehicle shall stop on the appropriate line near every pedestrian crossing so marked where there is a pedestrian on the crossing. 140. (2) Whoever, otherwise than with lawful authority or reasonable excuse, drives or causes to be driven a motor vehicle in opposite direction on one way road or contrary to any notice shall be punishable with fine 125 which may extend to [ two hundred] Taka. (3) public place or at the scene of an accident or when required for any purposes specified in this Act or any rules and regulations made thereunder. Subject to section 215, sub-section (1) and (2) shall not apply to the driver of an emergency vehicle or the vehicle of an authorized officer who is performing any of the duties which he is entrusted or empowered by this Act or by any rules and regulations made thereunder to perform, if it becomes expedient to do so and if it is done with due care and attention and in the manner prescribed. No person shall, otherwise than with lawful authority, or without just cause or reasonable excuse, cross or drive a motor vehicle or cause to be driven a motor vehicle, on the right side of a centre line or separation line or on the right side of a traffic island or drive a motor vehicle in the opposite direction on a one way road or contrary to any notice. A person driving a vehicle upon a road shall not leave the roadway and drive across private or public property adjacent to an intersection in order to gain a forward position or to avoid stopping for a traffic-control signal, or otherwise drive off the roadway in order to avoid compliance with any traffic law or official traffic-control device or shall not neglect or refuse to stop the vehicle or make it proceed in or keep it to a particular line of traffic when directed to do so by a police officer or other authorized person in the execution of his duty. Any person, who willfully disobeys or without just cause or reasonable excuse fails to comply sub-section (1), (2), (4) or (5) or neglects or refuses to stop the vehicle or to make it proceed in or keep to a particular line of traffic when directed to do so by a police officer or other authorised person in the execution of his duty shall be guilty of an offence. In this section mandatory traffic signs mean any traffic sign specified as such in the Traffic Sign Manual adopted under section 186 or any traffic sign of similar form and erected for the purpose of regulating traffic under sub-section (1) of section 188. A person committing an offence under this section or under section 187 shall, on demand by a police officer or other authorized person give his name and address and the license if any to the police officer or the other authorized person making the demand, failing to do so, he
(4)
(5)
(6)
(7)
(8)
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shall be guilty of an offence. 190. Display of unauthorised signs, signals, or markings._ (1) No person shall place, maintain or display upon or in view of any highway, any unauthorised sign, signal, marking, or device which purports to be or is an imitation of or resembles an official trafficcontrol device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes, with the effectiveness of an official traffic-control device, or any railroad sign or signal, erected or placed by the appropriate authority. No person shall place or maintain, nor shall any public authority permit, upon any highway, any official traffic control device, bearing thereon any commercial advertising, except for business signs included as a part of official motorist service panels, or roadside area information panels, approved by the highway authority or the local authority, having jurisdictions over the area or the roads and highways: Provided that nothing in this section shall debar the competent authority from licensing or leasing out spaces available beside roads and highways for commercial purposes: namely advertising, hoarding etc. (3) This section shall not be deemed to prohibit, the erection, upon private property adjacent to highways, of signs, giving useful directional information, and of a type that cannot be mistaken for an official signs and authorized traffic control device. Any person who contravenes sub-section (1) or (2) shall be guilty of an offenc. Modified Inserted new
(2)
(4) 85. Limits of speed (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 under any 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 Eighth Schedule. (2) The Government or any authority authorised in this behalf by the Government may,
191. Speed limit._ (1) No person shall drive a motor vehicle, or permit or cause or allow a motor vehicle or a combination thereof, to be driven, on any road or highway, or in any public place or in any other place, at a speed exceeding the national speed limit, or exceeding the maximum or below the minimum speed, fixed or prescribed for the vehicle, and for the road or highway, by the Government, or by any appropriate authority under this Act, or any rules or regulations made there under, or by the respective road or highway authority or by any appropriate authority, under any other law for the time being in force, and indicated by the appropriate speed limit
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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, and by causing appropriate traffic signs to be placed or erected under section 89 at suitable places, fix such maximum speed limits as it thinks fit for the 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: Provided that where any restriction under this section is to remain in force for not more than one month, notification thereof in the official Gazette shall not be necessary. 142. Driving at excessive speed
131
sign, for the road or for the area or for the vehicle, and also at a speed greater than that is reasonable and prudent, under the prevailing conditions, and circumstances, having regard to the actual and potential traffic or hazards, than existing in the place, unless exempted, on special grounds or occasions or purposes, by the Government or any authority, authorized in this behalf by the Government, or empowered by or under any law in force. (2) Consistent with the provisions of subsection (1), every person shall drive at a safe and appropriate speed, when approaching and crossing a main road, an inter-section, or rail road grade crossing; when approaching and going around a curve; when approaching a hill crest, when travelling upon any narrow or winding road; when passing through an urban area or hospital or school or residential area; and when special hazard exist, with respect to pedestrians or other traffic, or by reason of weather or highway conditions. The Authority shall, by regulations, prescribe the maximum limit of speed, for different classes of motor vehicles. The Government or the Authority, or the city traffic engineer or any highway authority, having jurisdiction over the area or the highway, or any other authority, authorised in this behalf by the Government or by the Authority, whenever upon the basis of an engineering and traffic investigation, determines that any maximum speed herein before set forth, is greater or less than is reasonable or safe, under the conditions found to exist, at any inter-section or other place, or upon any part of the road or highway and, if satisfied that it is necessary, to restrict the maximum or minimum speed of motor vehicles, in the interest of public safety or convenience, or because of the nature of any vehicle, road or bridge, or density of traffic, may, determine and declare a reasonable and safe maximum or minimum limit there at, and may by causing appropriate traffic signs, to be placed or erected under section 188, at suitable places, fix such maximum or minimum speed limits, as it thinks fit for the motor vehicles or any combination thereof, or any specified class of motor vehicles, or for motor vehicles to which a trailer is attached, either generally or in a particular area, such as urban, rural, residential, hospital and school or on a particular road or roads.
(3)
[ (1) Whoever drives any motor vehicle or a tractor or a locomotive in contravention of section 85 shall be punishable for a first offence with imprisonment for a term which may extend to one month or with fine which may extend to three hundred Taka or with both and for any subsequent offence with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both and his driving licence shall be suspended for a period not exceeding one month. (2) Whoever causes any person who is employed by him or is subject to his control in driving to drive a motor vehicle in contravention of section 85 shall be punishable for a first offence with imprisonment which may extend to one month, or with fine which may extend to three hundred Taka, or with both and for any subsequent offence with imprisonment which may extend to three months, or with fine which may extend to five hundred Taka, or with both.]
(4)
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(3) and (4) [Omitted by section 20 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990).] (5) No person shall be convicted of an offence 132 punishable under [ subsection (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. (6) 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 that journey or part of a journey to be completed in the specified time without infringing the provisions of section 85, be prima facie evidence that the person who published the time table or gave the direction has committed an offence 133 punishable under [ subsections (2)]. (5) No person shall drive a motor vehicle, at such a slow speed, as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary, for safe operation, or in compliance with law, or by virtue of very nature of the vehicle being driven. Any person, who drives or causes or allows a motor vehicle to be driven in violation of the provisions of this section, shall be guilty of an offence and on conviction, in addition to the financial penalty, the driving license of the driver of such vehicle may be suspended for specified period. No person shall be convicted of an offence committed under this section 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 speed measuring device. 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 that journey or part of a journey to be completed in the specified time without infringing the provisions of this section in respect of maximum speed, be prima facie evidence that the person who published the time-table or gave the direction has committed an offence under this section. The trial court may order, particulars of any conviction under this section to be endorsed on any driving license held by the person convicted. Modified
(6)
(7)
(8)
(9)
86. Limits of weight and limitation on use (1) The Government may prescribe conditions for the issue of permits for heavy motor 97 vehicles by the [ Transport Committees] and may prohibit or restrict the use of such vehicles in any area or route within Bangladesh. (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
192. Limits of weight, dimension and limitation on use._ (1) The Authority may, prescribe conditions for the issue of special permits for heavy motor vehicles, and the vehicles for excess weight and size, by the Authority or by the RTA, and may prohibit or restrict the use of such vehicles or the issue of permit to such vehicles for any area or route within Bangladesh. No person shall drive or allowed to be driven in any road or highway in excess of the limits of load specified in the notification issued under sub-section (1) of section 116, and in excess of the limits of load specified in the certificate of registration of the vehicle, whichever is lower, or in excess of the maximum size
(2)
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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 (b) the laden weight of which exceeds the registered laden weight specified in the certificate of registration, or (c) any axle weight of which exceeds the maximum axle weight specified for that axle in the certificate of registration. (4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub section (2) or clause (a) of 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. prescribed by regulations made under section 178: Provided that under special circumstances and for special purposes the Authority may in consultation with the highway authority and the traffic division issue special permit for the temporary use of such vehicles on specified route or area in accordance with the conditions specified therein in the permit: Provided further that no such vehicle with or without a special permit shall be operated on any road or highway, unless it is being escorted by a police officer with or without cost: Provided further that where such a special permit is given, it shall not, so long as the conditions, if any, attached to the permit are complied with, be an offence, in the case of any such vehicle or trailer, to carry on that road or bridge, maximum weights and size authorised by the permit, by reason only that the vehicle or trailer when conveying them does not comply with relevant provisions of the Act or the rules and regulations made there under. (3) Notwithstanding the maximum laden or train weight limit, as specified in the notification, issued under sub-section (1) of section 116, but subject to the axle weight limits, the total gross weight imposed on the highway, by the wheels of two consecutive sets of tandem axles, shall not exceed, thirty thousand kilograms where the distance between the extremes of the first and the last axle of the group of axles measured longitudinally of a vehicle or combination of vehicles is less than 10.97 meters or 36 feet: The following loaded vehicles or combination of vehicles shall not be operated upon any bridges unless a special permit hereinbefore specified has been obtainedany vehicle or combination having seven or more axles; a combination consisting of a motor vehicle with three axles and a semi-trailer with two axles unless the distance between the first and the last axle in the combination is at least 11.58 meters or 38 feet; a combination consisting of a motor vehicle with two axles, a semi-trailer with one axle and a trailer with two axles unless the distance between the first and last axle in the combination is at least 13.72 meters or 45 feet; and
(4)
(a) (b)
(c)
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(d) a combination consisting of a motor vehicle with three axles and a trailer with three axles unless the distance between the first and last axle in the combination is at least 13.72 meters or 45 feet. Except as may be otherwise prescribed, no person shall drive or cause or allow to be drive in any public place any motor vehicle which is not fitted with good condition pneumatic tyres. No person shall drive or cause or allow to be driven in any highway or in any public place any motor vehicle or trailer or any combination thereofthe unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or the laden weight or train weight of which exceeds the registered laden weight or train weight specified in the certificate of registration, or any axle weight of which exceeds the maximum axle weight specified for that axle in the certificate of registration; or the dimensions of which does not conform the dimensions specified in the certificate of registration; or the load of which is insecure or exceeds the maximum of load projections prescribed or carrying of which is prohibited or dangerous. Any person, who drives or causes or allows a motor vehicle to be driven or operated in contravention of the prohibitions or restrictions imposed under this section, shall be guilty of an offence and on conviction, in addition to the financial penalty, the permit of such vehicle or the driving license of the driver of such vehicle may be suspended for specified period. Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section (5) or clause (a) of sub-section (6) 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. Modified
(5)
(6)
(a)
(b)
(c)
(d)
(e)
(7)
(8)
154. Driving vehicles exceeding permissible weight Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 86 or of the conditions prescribed under that
193. Loads on vehicles._ (1) No vehicle shall be driven or moved on any road or highway unless such vehicle is so constructed or loaded as to prevent any of its loads from dropping, sifting, leaking, or otherwise escaping. Any vehicle operating on a paved highway with a load of dirt, sand, gravel, garbage,
(2)
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section or in contravention of any prohibition or restriction imposed under section 86 or section 88 shall be punishable for a first offence with fine which may extend to one thousand Taka and for any subsequent offence with imprisonment for a term which may extend to six months, or, with fine which may extend to two thousand Taka, or with both.] or any other material susceptible to being blown, dropped, spilled, leaked, or which otherwise may escape therefrom shall be covered so as to prevent spillage; this provision shall not prohibit the necessary spreading of any substance connected with highway construction or maintenance. (3) No person shall operate on any highway any vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway. Subject to the provisions of this chapter limiting the length of vehicles and loads, the load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend more than one meter beyond the foremost part of the vehicle, and the load upon any vehicle operated alone or the load upon the rear vehicle of a combination of vehicles shall not extend more than 1.8 meter or six feet beyond the rear of the bed or body of the vehicle other than poles, pipes, or structural material which cannot be dismembered when transported upon a pole trailer or carried in the prescribed manner under a special permit under section 192. No passenger vehicle shall be operated on any highway with any load carried thereon extending beyond the right side of the vehicle nor extending more than 150 mm beyond the left side thereof. Any person, who drives or causes or allows a motor vehicle to be driven or operated in contravention of the prohibitions or restrictions imposed under this section, shall be guilty of an offence. Modified
(4)
(5)
(6)
87. Power to have vehicle weighed (1) Any person authorised in this behalf by the Government may, if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 86, require the driver to convey 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 86 regarding weight, he may, by order in writing direct
194. Power to have vehicle weighed._ (1) Any police officer or an officer of the highway authority or a road transport officer or the Authority or any other officer or person authorised in this behalf by the Government or by the Authority may, if he has reason to believe that the weight, laden or unladen, of a motor vehicle or a trailer or a combination thereof is unlawful or that the vehicle or combination is being used in contravention of section 192 regarding weight, require the driver to stop the vehicle or combination to be measured and weighed by using either portable or stationary scales or require the driver of vehicle or combination to drive the vehicle or combination to a weighing device or an authorized weighing station, within a
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the driver to convey the vehicle or trailer to the nearest place, to be specified in the notice, 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 vehicle has otherwise been treated so that it complies with section 86. (2) Where any excess goods are removed any goods vehicles or trailer for storage under sub section (1), such person as may be authorised in this behalf by the Government shall cause a notice in writing to be served on the owner of the vehicle or trailer, as the case may be, requiring him to remove the goods within the time to be specified in the notice and if the owner of the vehicle or trailer refuses or fails to remove the goods within the time so specified, the authorised person may sell the goods by public auction and the balance of the sale proceeds, after deducting therefrom the charges for the storage of the goods and the costs incidental to the sale shall be paid to the owner of the vehicle or trailer, as the case may be: Provided that where that excess goods removed are of perishable nature, the sale can be held immediately after causing the notice to be served on the driver of the vehicle or the trailer. reasonable distance from the location of the vehicle for weighment. (2) If on such weighment the officer or the authority acting under sub-section (1) determines that the weight is unlawful or the vehicle or combination is found to contravene in any respect the provisions of section 192 regarding weight, he may, direct the driver to drive the vehicle or trailer or combination to a suitable place, where facilities exist for the storage of goods, and remain standing there until a sufficient portion of the load is removed or redistributed as may be necessary to reduce the laden weight or the train weight or the axle weight of the vehicle or combination to a limit permitted under this section or the vehicle has otherwise been treated so that it complies with section 192. The removal or redistribution of the load and the security and care of any goods removed or redistributed under subsection (2) shall be the responsibility of the driver, owner of the vehicle, or owner of the cargo. Where any excess goods are removed from any goods vehicles or trailer or combination for storage under sub-section (2), such person as may be authorised in this behalf by the Government or by the Authority shall cause a notice in writing to be served on the driver or the owner of the vehicle or trailer or combination or the owner of the cargo, as the case may be, requiring him to remove the goods within the time to be specified in the notice and if the driver, or the owner of the vehicle or trailer or combination or the owner of the cargo, as the case may be, refuses or fails to remove the goods within the time so specified, the authorized person may sell the goods by public auction and the balance of the sale proceeds, after deducting therefrom the charges for the storage of the goods and the costs incidental to the sale shall be paid to the driver or the owner of the vehicle or trailer or combination or owner of the cargo, as the case may be: Provided that where that excess goods removed are of perishable nature, the sale can be held immediately after causing the notice to be served on the driver of the vehicle or the trailer or the combination. (5) Any driver of a vehicle or combination of vehicles who fails or refuses to stop and submit the vehicle or combination to a weighing as required by sub-section (2), or who fails or refuses to comply with an
(3)
(4)
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official traffic-control device at any vehicle weighing station, or who fails or refuses or neglects when directed by any police officer or by any other officer or authority acting under this section to otherwise comply with the provision of this section or if any person, in charge of a motor vehicle, obstructs or attempts to obstruct any police officer or any road transport officer or any Inspector of Motor Vehicles or other authorised officer or person in the exercise of his powers and duty under this section, shall be guilty of an offence. (6) Where a motor vehicle or trailer or a combination thereof, is weighed under this section, a certificate of weight shall be given to the person in charge of the motor vehicle by the person who carried out the weighing of the vehicle and he may charge such fees as may be prescribed for the weighing and issue of certificate. Modified
88. Power to restrict the use of vehicle The Government or any authority authorised in this behalf by the Government, if satisfied that it is necessary in the interests 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 and when any such prohibition or restriction is imposed it shall cause appropriate traffic signs to be placed or erected under section 89 at suitable places: Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given to such prohibition or restriction.
195. Power to restrict the use of vehicle._ (1) The Government or the Authority or the Commissioner of Police or the city traffic engineer or any local authority or any highway authority, having jurisdiction over the area or the road or highway, or any other authority authorised in this behalf by the Government or by the Authority, if satisfied that it is necessaryin the interests convenience; or of public safety or
(a) (b) (c)
in relation to the regulation of traffic; or to prohibit or regulate the use of any road or any part thereof generaly or by a particular class of type of vehicle; or to prohibit or regulate the use of any road or any part thereof for the display, hire or sale of any vehicle or animal; or because of the nature of any road or bridge; or because of the traffic congestion or high density of traffic; or because of the weight or speed of a vehicle; or because of the type and nature of a vehicle; or because the road is unsuitable for use or for unrestricted use by any such vehicles; or because the road is under repair or reconstruction; because any such vehicles cannot be used or cannot without restriction be used on that road without endangering the safety of the vehicles or the persons
(d)
(e) (f) (g) (h) (i)
(j) (k)
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therein or of other persons using the road; may, by notification in the official Gazette, and/or by erecting or placing appropriate traffic control devices, 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 or any combination thereof, or any vehicle propelled by human or animal power, or any non-motorized vehicle, either generally or in a specified direction or during particular hours, or in a specified area or on a specified road, and when any such prohibition or restriction is imposed, it shall cause appropriate traffic signs to be placed or erected under section 135 at suitable places: Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given to such prohibition or restriction. (2) No order shall be made under sub-section (1), with respect to any road, which would have the effect of preventing such access, as may reasonably be required, for vehicles of any class or description, to any premises situated on or adjacent to the road. Without prejudice to sub-section (1), any approproate authority having jurisdiction over the area or the road may, by order published in the official Gazette, prohibit or restrict the driving or use of any class or description of vehicles or vehicles with such number of passengers or such weight of goods, as may be specified, along any road or along roads within the area of the authority: Provided that the prohibition or restriction under this sub-section, may be subject to the payment of fees, and in such a case the order shall specify the fees payable, and the manner of collection therefor. (4) Any person, who drives or causes or allows a motor vehicle to be driven in violation of the notification made under sub-section (1) or (3) shall be guilty of an offence. Inserted new
(3)
196. Power of local authorities in respect of traffic._ The provision of this Act shall not be deemed to prevent the local authorities with respect to roads and highways under
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their jurisdiction or with respect to private property when specifically authorised in this section and within the reasonable exercise of police or magisterial power and/or by erecting appropriate official traffic control devices from(a) regulating or prohibiting stopping, standing, or parking, including the use of parking meters on highways and in publicly operated parking facilities; regulating traffic by means of police officers or official traffic-control devices; regulating or prohibiting processions or assemblages on the highways; designating particular highways or roadways for use by traffic moving in one direction; establishing speed limits for vehicles in public parks; designating any highway as a through highway or designating any intersection or junction of roadways as a stop or yield intersection or junction; restricting the use of highways by vehicles over specified weight and sIze; regulating the parking of bicycles, tricycles, rickshaw and other nonmotorised vehicles and requiring the registration and inspection of same, including the requirement of a registration fee, the requirement that a bicycle, tricycle and rickshaw must have a frame number before being licensed, and a prohibition on altering or removing any such frame number; regulating or prohibiting the turning of vehicles or specified types of vehicles on particular road or highway; altering or establishing maximum or minimum speed limits on the basis of engineering and traffic investigations; designating no-passing zones hazardous roads or highways; on
(b) (c) (d)
(e) (f)
(g) (h)
(i)
(j)
(k) (l)
prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic incompatible with the normal and safe movement of traffic; prohibiting or regulating the use of heavily travelled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic; designating and restricting certain lanes for priority or exclusive use by buses and high-occupancy vehicles; prohibiting pedestrians from crossing a roadway in an urban area or on any
(m)
(n)
(o)
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designated highway except in a marked pedestrian crossing; (p) regulating persons propelling or driving rickshaw, push carts and bullock carts and other non-motorised vehicles; regulating persons upon skates and other toy vehicles; prohibiting drivers of ambulances from exceeding maximum speed limits; designating routes to be used for vehicles transporting hazardous materials subject to any limitations of the Act or any other law for time being in force; prohibiting driving off the roadway to avoid compliance with any traffic law or official traffic-control device; prohibiting parking on private property without the permission of the owner or person in charge of the property; regulating persons owning or operating tow trucks; and adopting such other traffic regulations as are specifically authorized by this Act. Inserted new
(q) (r) (s)
(t)
(u)
(v) (w)
197. Removal of traffic hazards._ (1) It shall be duty of the owner of real property to remove from such property any tree, plant or other obstruction, or part thereof, which by obstructing the view of any driver, constitutes a traffic hazard. When any highway authority, any local authority or any city traffic engineer determines upon the basis of an engineering and traffic investigation that such a traffic hazard exists, it shall notify the owner and order that the hazard be removed within the time specified in the notice. The failure of the owner to remove such traffic hazard within the specified time shall constitute an offence punishable by a penalty of five units for each day the owner fail to remove the hazard after the expiry of the time specified, to be fixed by the concerned highway authority or the local authority or the city traffic engineer. Nothing in this section shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner, and not as a matter of right, from prohibiting such use, or from requiring other or different or additional conditions than those specified in this Act, or otherwise regulating such use as may seem best to such owner. No person shall install or maintain in any area of private property used by the public
(2)
(3)
(4)
(5)
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any sign, signal, marking or other device intended to regulate, warn or guide traffic unless it conforms to the traffic sign manual and specifications adopted under section 186. (6) No person shall place, maintain or display, upon or in view of any highway, any stationary sign or light which blinds, dazzles or impairs the vision of drivers upon the highway. Any person who contravenes sub-section (5) or (6) shall be guilty of an offence. Inserted new
(7)
198. Restricted use of loading zones._ (1) No person shall stop, stand, or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of passengers, delivery or pickup and loading of any goods or property in any place marked as a loading zone, during hours when the regulations applicable to such loading zone are effective, then in no case the stop for loading or unloading of passengers and loading and unloading of goods or property shall exceed a period of time as may be prescribed for respective purposes. The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload goods or property. Any person, who willfully disobeys or without just cause or reasonable excuse fails to comply sub-section (1), shall be guilty of an offence.
(2)
(3)
199. Transit bus and high occupancy vehicle lanes._ (1) When official traffic-control devices are in place designating certain lanes on roads for the exclusive use of transit buses and high-occupancy vehicles such as a bicycle, a rickshaw or a motor cycle or a taxi cab, no driver of a vehicle which is not a transit bus or a high-occupancy vehicle shall drive in or through the lane during the times when the restrictions are imposed except as necessary to make a turning manoeuvre, to yield to an authorised emergency vehicle, to drive around an obstruction in the roadway, to avoid an accident, or when necessary due to a mechanical breakdown of the vehicle. When official traffic control devices are in place designating certain route or lanes for
Inserted new
(2)
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the exclusive use of transit, trucks or tank lorry or such other vehicle, every driver of such vehicle shall drive in or through those designated route or lane except as may be necessary to avoid an accident or when necessary to make local deliveries. (3) Any person who contravenes this section shall be guilty of an offence. Inserted new
200. Restrictions on use of controlledaccess roadway._ (1) The highway authorities, the Commissioner of Police, the local authorities and the city traffic engineer may by erecting and maintaining appropriate official traffic control devices regulate or prohibit the use of any controlled-access roadway or highway within their respective jurisdictions by any class or type of traffic which is found to be incompatible with the normal and safe movement of traffic. No person shall drive onto or from any controlled access roadway except at such entrances and exits as are established by the authority concerned. Any person, who drives or causes or allows a motor vehicle to be driven in contravention of the prohibitions or restrictions imposed under this section, shall be guilty of an offence.
(2)
(3)
201. Temporary prohibition or restriction of traffic on road._ (1) Any highway authority or any local authority or the Commissioner of Police or the Authority if satisfied that traffic on a road or highway within their respective jurisdictions should be restricted or prohibited, by reasonsthat works of repair or reconstruction are being required or being in progress or are proposed to be executed on or near the road or highway; or of the likelihood of danger to the public or of serious damage to the highway; or of any procession or meeting on or near the road or highway; or of movement of any important person or special type of vehicle on the road or highway; or of such other occasions as may be expedient or as may be prescribed; the authority may by notice or by order or by erecting or placing appropriate traffic signs or by placing any obstructions at any point of the road or highway, restrict or prohibit the use of that road or highway or
Inserted new
(a)
(b) (c) (d)
(e)
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any part of that road or highway by vehicles or by vehicles of any class or by pedestrians for such period or to such extent and subject to such conditions or exceptions as the authority may consider necessary or as may be prescribed. (2) While imposing any restriction or prohibition under sub-section (1) the authority shall have regard to the existence of alternative routes suitable for the traffic which are likely to be affected by the restriction or prohibition. Subject to this section, the authority shall, not less than seven days before prohibiting the use of a road or part thereof under this section, cause notice thereof to be published in one or more newspapers circulating in Bangladesh; every such notice shall contain a statement of the effect of the prohibition and a description of the alternative route or routes, if any, available for traffic. So long as any restriction or prohibition made under this section is in force, a notice stating the effect thereof and describing any alternative route or routes available for traffic shall be kept posted in a conspicuous manner at each end of the part of the road to which the restriction or prohibition relates and at the points at which it will be necessary for vehicles to diverge from the road. Any person, who uses or drives or causes or allows a motor vehicle to be driven in contravention of any restriction or prohibition imposed under this section, shall be guilty of an offence. Inserted new
(3)
(4)
(5)
202. Drive on left side of the road._ (1) Upon all roads of sufficient width, a vehicle shall be driven upon the left half of the road, except as follows: when overtaking and passing another vehicle proceeding in the same direction under the Rules governing such movement; when an obstruction exists making it necessary to drive to the right of the centre of the highway; provided, any person so doing shall yield the right of way to all vehicles travelling in the proper direction upon the unobstructed portion of the highway within such distance as not to constitute an immediate hazard; upon a road divided into three marked lanes for traffic under the rules applicable thereon; or upon a road restricted to one-way traffic;
(a)
(b)
(c)
(d)
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(2) Upon all roads, any vehicle proceeding at less than the normal speed of traffic, at the time and place, and under the conditions then existing shall be driven in the lefthand lane then available for traffic, or as close as practicable to the left-hand kerb or edge of the road, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a right turn at an intersection or into a private road, alley, or driveway. Upon any road having four or more lanes for moving traffic and providing for twoway movement of traffic, no vehicle shall be driven to the right of the centre line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the right side of the centre of the road for use by traffic not otherwise permitted to use such lanes, or except as permitted under clause (b) of sub-section (1). However, sub-section (3) shall not be construed as prohibiting the crossing of the centre line in making a right turn into or from an alley, private road or driveway. Any person who contravenes this section shall be guilty of an offence. Inserted new
(3)
(4)
(5)
203. Driving on carriageways laned for traffic._ (1) Whenever any road has been divided into two or more clearly marked lanes for traffic the following Rules in addition to all others consistent herewith shall applyA vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety and give signal of his intention. Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the centre lane except when overtaking and passmg another vehicle travelling in the same direction when such centre lane is clear of traffic within a safe distance, or in preparation for making or completing a right turn or where such centre lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices. Official traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a
(a)
(b)
(c)
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particular direction regardless of the centre of the roadway and drivers of vehicles shall obey the directions of every such device. (2) The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed. Any person who contravenes this section shall be guilty of an offence. Inserted new
(3)
204. Restrictions of vehicles on bridges._ (1) Where the Government or the appropriate authority in relation to any bridge, within the area of such authority, is satisfied that the bridge is insufficientto carry a vehicle the weight of which exceeds a certain maximum weight; to carry a vehicle the axle weight of which exceeds a certain maximum axle weight; or to carry a vehicle the weight or the axle weight respectively of which exceeds a certain maximum weight when travelling at more than a certain maximum speed. may, by a conspicuous notice placed in a proper position at each end of the bridge, prohibit the use of the bridge, as the case may be, by a vehicle weighing more than the weight specified in such notice, or by a vehicle the axle weights of which are more than the axle weight specified in such notice when travelling at more than a speed specified in the notice. (2) Save and except in an emergency or breakdown, no vehicle shall be stopped or parked on a bridge. If a vehicle is driven on or across a bridge in contravention of this section, any person who so drives it, or causes or permits it to be so driven, stopped or parked shall, without prejudice to any civil liability incurred by him in the case of damage being caused to the bridge or otherwise, be guilty of an offence.
(a) (b)
(c)
(3)
205. Limitations on turning around or reversing._ (1) The driver of a vehicle shall not back or turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with other traffic and shall not do so upon any shoulder or roadway of any controlled access highway (if any). No vehicle shall be turned so as to proceed in the opposite direction upon any
Inserted new
(2)
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curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 150 meter or 500 feet. (3) The driver of a vehicle shall not pass to the right of a right turning vehicle and shall not turn the vehicle right or left unless such movement can be made correctly and safely. Any person who contravenes this section shall be guilty of an offence. Inserted new
(4)
206. Emerging from alley, driveway or building._ (1) The driver of a vehicle emerging from an alley, building, private road, or driveway within a business or residential area shall stop such vehicle immediately prior to driving onto a footpath or onto the footpath area extending across such alley, building entrance, private road, or driveway or in the event there is no footpath area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon. No person shall drive any vehicle upon a footpath area except upon a permanent or duly authorized temporary driveway. Any person who contravenes this section shall be guilty of an offence.
(2)
(3)
207. No passing or overtaking zones._ (1) The highway authorities, the Commissioner of Police, the local authorities and the city traffic engineer are hereby authorized to determine those portions of any highway under their respective jurisdictions where overtaking and passing or driving on the right side of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person; every driver of a vehicle shall obey the directions thereof. Any person, who drives or causes or allows a motor vehicle to be driven in contravention of this section, shall be guilty of an offence.
Inserted new
(2)
208. One way road and rotary traffic islands._ (1) The highway authorities, the Commissioner of Police, the local authorities and the city traffic engineer with respect to highways under their respective jurisdictions may designate any
Inserted new
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highway, roadway, part of a roadway or specific lanes upon which vehicular traffic shall proceed in one direction at all or such times as shall be indicated by official traffic control devices. (2) Upon a roadway so designated for oneway traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices. A vehicle passing around a rotary traffic island or round about shall be driven only to the left of such island or round about. Any person, who drives or causes or allows a motor vehicle to be driven in contravention of this section, shall be guilty of an offence. Inserted new
(3)
(4)
209. Driver transporting hazardous material._ (1) No driver shall carry explosives, or flammable liquids or any dangerous substances or unauthorized or prohibited goods or fish or poultry or live stock in a public service vehicle or carry goods or luggage in a manner causing danger or inconvenience to the passengers of such vehicles. The driver of a vehicle transporting hazardous materials, explosives, or flammable liquids within the city or the urban area, shall drive only on those roads which have been designated to provide a continuous route for such vehicles, except when there is no such designated road or as necessary to make local deliveries. Any person who contravenes this section shall be guilty of an offence.
(2)
(3)
210. When lighted lamps are required._ (1) Every vehicle upon a road or a highway within Bangladesh at any time from a half hour after sunset to a half hour before sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 300 meters or 1000 feet ahead shall display lighted head and other lamps and illuminating devices as respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles, and further that stop lights, turn signals and other signalling devices shall be lighted as may be prescribed for the use of such devices. No driver of a motor vehicle shall, without just cause or reasonable grounds, drive at
Inserted new
(2)
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night any motor vehicle, without the headlights, tail lights or other prescribed lights on, or use high beam in the lighted city area, or use undimmed headlights or dazzle the driver of other vehicle. (3) Any person who contravenes this section shall be guilty of an offence. Inserted new
211. Driving on a down-grade and on mountain highways._ (1) The driver of a motor vehicle travelling on mountain highways shall hold such motor vehicle under control and as near the lefthand edge of the roadway as reasonably possible and, except when driving entirely to the left of the centre of the roadway, shall give audible warning with the horn of such motor vehicle upon approaching any curve where the view is obstructed within a distance of 30 meters or 200 feet along the highway. The driver of any motor vehicle when travelling upon a down grade shall not coast with the gears or transmission of such vehicle in neutral. The driver of a truck or bus when travelling upon a down grade shall not coast with the clutch disengaged. Any person who contravenes this section shall be guilty of an offence.
(2)
(3)
(4)
212. Restrictions on following a vehicle._ (1) The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed and the braking distance of such vehicles and the traffic upon and the condition of the highway. The driver of any vehicle other than one on official business shall not follow any fire vehicle or apparatus travelling in response to a fire alarm closer than 150 meter or 500 feet or stop such vehicle within 150 meters or 500 feet of any fire apparatus stopped in answer to a fire alarm. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road or driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command. Any person who contravenes this section shall be guilty of an offence.
Inserted new
(2)
(3)
(4)
213. Stop when traffic obstructed._ (1) No driver shall enter an intersection or a marked pedestrian crossing or drive onto any railroad grade crossing unless there is sufficient space on the other side of the
Inserted new
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intersection, pedestrian crossing or railroad grade crossing to accommodate the vehicle such driver is operating without obstructing the passage of other vehicles, pedestrians or railroad trains notwithstanding any traffic control signal indication to proceed. (2) Any person who contravenes this section shall be guilty of an offence. Inserted new
214. On approach of authorised emergency vehicles._ (1) Upon the immediate approach of an authorised emergency vehicle making use of an audible and visual signals meeting requirements of this Act, or of the rules and regulations made thereunder, or of a police vehicle properly and lawfully making use of an audible signal only, the driver of every vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as a close as possible to the left-hand edge or kerb of the roadway clear of any intersection and shall stop and remain in such position until the authorised emergency vehicle has passed, except when otherwise directed by a police officer. This section shall not operate to relieve the driver of an authorised emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. Any person who contravenes this section shall be guilty of an offence.
(2)
(3)
215. Privileges of Emergency vehicles._ (1) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated. The driver of an authorized emergency vehicle maypark or stand, irrespective provisions of this chapter; of the
Inserted new
(2)
(a) (b)
proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; exceed the maximum speed limits so long as life or property are not thereby endangered; disregard regulations governing direction of movement or turning in specified
(c)
(d)
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directions. (3) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal, and visual signals meeting the requirement of this Act, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a special visual signal visible from in front of the vehicle. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons or vehicles or traffic, nor shall such provisions protect the driver from the consequences of reckless driving and disregard for the safety of others. Any person who contravenes sub-sections (3) or (4) shall be guilty of an offence. Inserted new
(4)
(5)
216. Power to restrict pedestrian crossing._ (1) The highway authorities, the Commissioner of Police, the local authorities and the city traffic engineer are hereby empowered within their respective jurisdictions to prohibit pedestrians, bicycles, or rickshaws or any other nonmotorized vehicles by erecting appropriate official traffic control devices from crossing any roadway in an urban area or any designated roads or highways except in a pedestrian crossing or a designated crossing. Any person, who without just cause or reasonable excuse, fails to comply with the prohibitions or restrictions imposed under this section shall be guilty of an offence.
(2)
217. Power to remove structures from roads._ (1) Where any structure has been erected or set up on or over a road, save under any law for the time being in force, the Government or the appropriate authority in relation to the road, within the area of such authority, may by notice in writing, require the person having control or possession of the structure, to remove it within such period, as may be specified in the notice, or within such extended period but not exceeding one month, as the appropriate authority, issuing the notice may allow. If any structure, in respect of which a notice has been served under sub-section (1), is not removed within the time specified in the notice, the Government or the appropriate authority may, remove the
Inserted new
(2)
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structure. (3) Notwithstanding sub-sections (1) and (2), where there is a likelihood of immediate danger to traffic, arising from any structure referred to in sub-section (1), the Government or the appropriate authority, may take such action as is necessary to remove such structure without giving notice to any person. Where any structure has been removed by the Government or by the appropriate authority under this section, and the expenses of the removal and custody of the structure have not been paid, within one week after the date of such removal, the Government or the appropriate authority may, after giving one month's notice in writing to the person having control or possession of the structure immediately before such removal, sell by public auction or otherwise dispose of such structure; and any proceeds from such sale or disposal, shall be applied in payment of the expenses of such removal and custody, and any surplus shall be paid to the person having the control or possession of the structure immediately before such removal or shall, if not claimed by such person within three months after the date of the sale or disposal, be forfeited to the Government or the appropriate authority, as the case may be. Nothing in sub-section (4) shall prohibitthe disposal, as the Government or the appropriate authority may think fit of any fish, meat, fruit, vegetable or other perishable goods, if any, removed together with the structure, and any proceeds from such disposal shall be applied in the same manner as herein before provided in respect of proceeds from the sale or disposal of the structure; or the recovery, as a public demand of the whole or part of the expenses of removal or custody from the person having the control or possession of the structure immediately before such removal. Notice under sub-section (1), may be served either personally or by post or by affixing it to the structure to which the notice relates. In this section, the expression "structure" includes any machines, pumps, posts and such other objects as are capable of causing obstruction or of endangering traffic. Any person who fails to comply with the
(4)
(5) (a)
(b)
(6)
(7)
(8)
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notice given under sub-section (1) shall be guilty of an offence. 218. Power to construct refuge, subway and foot-bridge._ The appropriate authority in relation to a road, with the approval of the Government, may(a) for the purposes of protecting traffic along a road from danger, or of making the crossing of any road less dangerous to pedestrians, erect, light, maintain, alter and remove places of refuge in the road; construct, maintain, alter and remove road humps on the road; and construct, light, maintain, alter, remove and temporarily close subways under the road or footbridges for the use of pedestrians; whenever it considers necessary or desirable for the safety or accomodation of pedestrians, provide proper and sufficient footpaths by the side of roads under its control; and whenever it considers necessary or desirable for the safety or accommodation of ridden animal and driven livestock, provide adequate grassland or other margins by the side of the roads under its control. Inserted new Inserted new
(b)
(c)
219. Construction of structures for advertisement._ (1) The Government or the appropriate authority in relation to any road reserve, within the area of such authority, may, subject to sub-section (2), if the road reserve is for the time being used for the purpose for which it is reserved, grant a right of occupation of the whole or any part of the road reserve to any person for the purpose of erecting structures for advertisement or other public announcement for such duration and on such terms and conditions, including occupancy charges, as the Government or the appropriate authority may determine. No such right of occupation may be granted, unless plans containing details of the layout of the structure (including such particulars as may be specified), have been submitted to and approved by the Government or by the appropriate authority, and the purchase of public liability insurance, of such sum as the Government or the appropriate authority thinks fit, by the applicant as part of the condition for the approval. The Government or the Authority or the appropriate authority in relation to the road reserve, as the case may be, may make rules or regulations, or byelaws to regulate
(2)
(3)
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and control the construction structures for advertisements. (4) of the
It shall be an offence for any person to erect structures for advertisement or other public announcement or any structure for such other purposes without the approval of appropriate authority in relation to any road reserve, within the area of such person who authority; and any contravenes or fails to comply with any conditions as may be imposed in a permit issued under this section granting a right of occupation or advertisement, shall be guilty of an offence Inserted new
220. Construction of access and laying of public utility installations._ (1) (a) No person shallconstruct any access road (including paths, driveways or other means of access, whether public or private) to join any road; construct a drain to join constructed alongside a road; a drain
(b) (c)
carry out any works of any description in, upon, over or under any road, unless plans containing details of the layout there of (including such particulars as may be prescribed) have been submitted to and approved by the Government or the appropriate authority in relation to the road, and the Government or the appropriate authority, as the case may be, may refuse such application or allow it on such conditions as he or it may impose.
(2) (a) (b) (c)
Where in the opinion of the Government or the appropriate authority there isa likelihood of danger to traffic; any flooding, interference or obstruction; or any failure to comply with any conditions imposed under sub-section (1), in the course of, or arising from any works referred to in sub-section (1), the Government or the appropriate authority may, by notice in writing, require the person to whom approval was granted or the occupier of the premises or land, as the case may be, to take such appropriate action as is necessary to remove the danger or to remove any interference, obstruction or to stop up any drain or to comply with the conditions imposed within the time specified in the notice, failing which the Government or the appropriate authority may take such actions as are necessary to discontinue the danger or
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flooding, interference or obstruction or to ensure compliance with the conditions imposed. (3) Subject to sub-section (6), it shall be lawful for the Government or the appropriate authority, as the case may be, by notice in the Gazette, to require the closure or diversion of or alterations to be made to any access road (whether constructed before or after the commencement of this Act). Where any action has been taken by the Govermment or the appropriate authority under sub-section (2) or (3), the expenses incurred and certified in writing by the Government or the appropriate authority in taking such action shall be a debt due to the Government or the appropriate authority, as the case may be, by the person to whom approval was granted or the occupier of the premises or land and may be deducted from such security deposit paid to the Government or the appropriate authority as a condition for carrying out the works referred to in subsection (1). Where any works under sub-section (1) has been executed and it is found that the works were executed for the purpose of making any direct connection of any public utility to any premises or for joining a drain to one constructed alongside a road for the purpose of drainage of the land on which the first mentioned drain was constructed the occupier of the premises of land shall be deemed to be the person carrying out such works for the purpose of this section. Where as a result of a notice issued by the Government or the appropriate authority under sub-section (3) an access road existing at the time of the issuance of the notice will be totally closed and there will be no alternative access road, the Government or the appropriate authority, as the case may be, shall, prior to the closure, provide an alternative access road: Provided that where an alternative access road cannot be provided or cannot be provided without incurring unreasonable amount of expenditure, the land so affected shall be acquired in accordance with any existing law relating to compulsory acquisition and such acquisition shall be deemed to be for a public purpose. (7) Any person who contravenes sub-section (1) or fails to comply with such conditions as may be imposed in a permit issued
(4)
(5)
(6)
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under that sub-section shall be guilty of an offence: Provided that any punishment imposed under this sub-section shall not affect any civil liability of the person to whom approval was granted or the occupier of the premises or land. (8) The Government or the Authority or the appropriate authority, as the case may be, may make rules, regulations or byelaws to regulate and control the carrying out or construction of any of the works referred to in sub-section (1). Inserted new
221. Liability for damage to highway or structure._ (1) Any person driving any vehicle, object or contrivance upon any highway or highway structure shall be liable for all damage which said highway or structure may sustain as a result of any illegal operation, driving or moving of such vehicle, object or contrivance, or as a result of operating, driving or moving any vehicle, object or contrivance weighing or measuring in excess of the maximum weight or dimensions in this Act, but authorized by a special permit issued as provided in this chapter. Any person who, when driving or attempting to drive a motor vehicle, causes damage to a highways or highway structure or causes the motor vehicle to collide with any building or structure such as a bus shelter, gantry post, overhead bridge and pillar or such other thing, shall be guilty of an offence. Whenever such driver is not the owner of such vehicle, object or contrivance, but is so operating, driving or moving the same with the express or implied permission of said owner, then said owner and driver shall be jointly and severally liable for any such damage. Such damage may be recovered in a civil action brought by the authorities in control of such highways or highway structure.
(2)
(3)
(4)
222. Putting garbage, glass, etc., on the road or highway prohibited._ (1) No person shall throw or deposit upon any walkway, road or highway any garbage, glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such road or highway. Any person who deposits, drops, or permits to be dropped or thrown, upon any road or highway any rubbish, destructive
Inserted new
(2)
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or injurious material shall immediately remove the same or cause it to be removed. (3) Any person removing a wrecked or damaged vehicle from a road or highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle. Any person who contravenes this section shall be guilty of an offence. Inserted new
(4)
223. Highway construction and maintenance._ (1) The driver of a vehicle shall yield the right of way to any authorized vehicle or pedestrian actually engaged in work upon a road or highway within any road or highway construction or maintenance area indicated by official traffic-control devices. The driver of a vehicle shall yield the right of way to any authorized vehicle obviously and actually engaged in work upon a highway whenever such vehicle displays flashing lights meeting the requirements of this Act or any rules and regulations made there under. The Authority may, by regulations prescribed conditions, subject to which any person, vehicle or equipment may be from certain mandatory exempted requirements of this Act while actually engaged in work upon a road or a highway. Any person who contravenes this section shall be guilty of an offence.
(2)
(3)
(4) 90. Parking places and halting stations The Government or any authority authorised in this behalf by the Government may, in consultation with the local authority having jurisdiction in the area concerned, determine place at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers.
224. Parking places and halting stations._ (1) Any local authority or any highway authority or any city traffic engineer having jurisdiction in the area concerned may, in consultation with the Authority or the Regional Transport Authority of the area, and the chief of police of the area, determine suitable place(s) at which motor vehicles or other specified vehicles may stand either indefinitely or for a specified period of time, either free of charges or on payment of such fees as may be fixed by such authority or by the Government or by the Authority, and may determine the places at which public service vehicles or goods vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers or for loading and unloading of goods as the case may be, and, the period during which and the conditions subject to which such parking place or stand may be used by the specfied class of vehicle, and the charges, if any, to be
Inserted new
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made for such use, and the manner of use and payment, and may issue orders the authority deems necessary in this regard: Provided that the use of any road or a part thereof, which may unreasonably prevent access to any premises adjoining the road, or the use of a road by any person entitled to the use thereof, or which may be a nuisance, shall not be authorized as a parking place or halting station or stand. (2) The appropriate authority may take all such steps, as may be necessary, to adapt for use as a parking place, halting station or stand any land, not being part of a road, which may be conveniently utlized for the aforesaid purposes, and may lawfully acquire or take on lease , any such land for such purposes. Any person, who without just cause or reasonable ground, fails to comply with any order made, or any prohibition or restriction imposed under sub-section (1), shall be guilty of an offence. Inserted new
(3)
225. Parking not to obstruct traffic._ (1) No person shall stop or park a vehicle parallel to another stationary or parked vehicle or park any vehicle in such a manner so as to impede the normal and reasonable movement of a vehicle or a pedestrian or any other traffic or causing danger or inconvenience to other traffic or road users or under such conditions as to leave available less than 3 meters 10 feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property or any intersecting alley. No person shall start a vehicle which is stopped or standing or parked unless and until such movement can be made with reasonable safety. Any person who contravenes this section shall be guilty of an offence.
(2)
(3)
226. Parking for certain purposes prohibited._ (1) No person shall park a vehicle upon any road or highway, for the principal purpose of displaying such vehicle for sale or for washing, greasing, or repairing such vehicle except the repairs necessitated by an emergency or for garaging a vehicle without authorization. No person shall park any vehicle on any street or road for more than the prescribed or specified period of time without the
Inserted new
(2)
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permission of the appropriate authority. (3) No person shall stop, stand, or park a vehicle upon any street or road at any place, other than a bus, in a bus stop or other than a taxicab, in a taxicab stand or a truck in a truck stand when any such stop or stand has been officially designated and appropriately signed: Provided that the driver of a passenger vehicle, including a taxicab, may temporarily stop at any place in accordance with other stopping or parking regulations, for the purpose of expeditious loading or unloading of passengers and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. (4) In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stop, stand, or park a vehicle upon the right side of such roadway unless official traffic-control devices are in place to permit such stopping, standing, or parking. Any person who contravenes this section shall be guilty of an offence. Inserted new
(5)
227. Highway Collection._ (1) No person or organization shall, hold or cause or permit to be held, or take part in, a highway collection unless the collection is being held with and in accordance with, any statutory sanction or any permission of the Government or the Authority or the local authority. The Authority may make regulations specifying the procedures for submission of application under this section, forms to be used for such application and the conditions for granting such applications. A person or organization shall not hold or cause or permit to be held or take part in a highway collection between sunset and sunrise. In this section- "highway collection" means, a collection of contribution by people who stand on, are placed on or who move on to a carriageway to solicit contributions, business, charity, boon, or alms from the occupants of vehicles that are either stationary in compliance with any traffic control signals or otherwise or have been forced to stop with the aim of coliciting contributions. Any person or organization who contravenes sub-section (1) or (3) shall be
(2)
(3)
(4)
(5)
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guilty of an offence. 228. Power to make regulations._ (1) The Authority may make such regulations as it may consider expedient for prescribing anything which may be prescribed under this Chapter, and otherwise for the purpose of carrying into effect or to supplement the provisions of this Chapter. Without prejudice to the generality of the foregoing power, the regulations under this Chapter may be made with respect to all or any of the following matters, namely:the Rules to be observed by all road users, whether drivers, pedestrians, or passengers or otherwise, to ensure safe and equitable use of highways, parking places, halting places and the places for loading and unloading of passengers and goods to the benefit of everyone; the regulation and control of vehicular, animal or pedestrian traffic on highways; the regulation and control of construction of structures on roads; the Inserted new
(2)
(a)
(b) (c) (d)
the conditions subject to which, and the time at which, articles of exeptionally heavy weights or exceptionally large dimensions may be carried on roads, and the requirements of permits for carrying such articles; the manner in which vehicles used on roads shall be loaded or unloaded and the precautions to be taken for ensuring the safety of the public in connection therewith; the conditions subject to which, and the times at which, goods may be loaded onto or unloaded from vehicles or vehicles of any particular class or description on road; the precedence to be observed as between traffic proceeding in the same direction, or in opposite directions, or when crossing; the conditions subject to which, and the times at which, animals may be led or driven on roads; prohibiting or prescribing the conditions subject to which vehicles, or vehicles of any particular class or description, may remain stationary or left unattended on any road, any particular class of roads or on any particular road; prohibiting animals from being on or being left unattended or not under due control on roads or any particular class of roads or on any particular road;
(e)
(f)
(g)
(h)
(i)
(j)
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(k) restricting the use of vehicles, animals and persons on public roads for the purpose of advertisement of such a nature, or in such a manner, as to be likely to be a source of danger or to cause obstruction to traffic; restricting and regulating the use on roads of vehicles engaged in the erection, placing, removal, alteration or repair of lamps, overhead cables and road or street works restricting or prohibiting the washing of vehicles and animals on roads; prohibiting or restricting any class or description of vehicles or any pedestrians to be on or to travel along any road or any part thereof; the driving regulations, the rules to be observed by drivers, people in charge of animals, vehicles (including nonmotorised) or trailers and pedestrians; the erection, operation and maintenance of traffic control signal and traffic signs; traffic control and safety devices; legends, symbols, abbreviations, inscriptions on traffic signs; removal and replacement of traffic signs; obedience to traffic control devices, traffic signals, traffic signs, traffic directions or instructions and to the members of the police force and other authorities; driving generally or in a lane, or up or down hill or on a mountain highway or backward or in a specific place; following, overtaking, turning, starting and stopping; passing and giving way to emergency and other vehicles, giving way at the roundabout and intersection and at grade crossings; passing silence zone, towing of vehicles; right of way; stopping, standing, leaving and parking; lighting and warning devices; control of vehicle, loading and unloading of passengers and goods, conditions for carrying of container on a motor vehicle or trailer, carrying of indivisible loads or pole type article, carrying of hazardous, dangerous, inflammable, intoxicating goods or substances, carrying of overhanging and projecting loads; issue of special permit for over size and over weight vehicles; conditions for driving and use of over dimensional, over weight, large or long vehicles; duties and responsibilities of driver and pedestrian at pedestrian crossing, level crossing, intersection, cross road, one way
(l)
(m) (n)
(o)
(p)
(q)
(r)
(s)
(t) (u)
(v)
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road, round about, safety zone, silence zone, no passing zone, carriageway and highway, restricted access and controlled access road way; (w) (x) obligation to the disabled, blind, children, senior citizens, female citizens; the maximum speed for vehicles, speed restrictions, speed detection and measuring devices; driving or leading animals, prohibiting grazing of cattle on highways; weighing of motor vehicles, installation of weighing devices or stations and their operation and, out sourcing, or unloading of over loaded vehicles, storage, safe custody and disposal of excess goods removed and the fees which may be charged for the use of storage facilities and the weighing device or station;
(y) (z)
(aa) maintenance and management of' parking places, loading areas and stands and the fees which may be charged for their use, disabled parking, off street parking, parking on roads or highways with or without payment, offence and penalties in connection with parking and parking devices, offence and penalties relating to loading areas, liabilities of driver and owner in respect of excess parking charges, removal and disposal of vehicle wrongly parked or parked in contravention to any restriction or prohibition; (bb) procedures for persons working highways and exemption to them; on
(cc) use of specified roads and highways for fast transit and the fees which may be charged for their use; (dd) obstructing highways, placing of road hump on roads and highways, putting destructive or other materials on highways, meetings, processions and hatbazaars on highways, cattle on highways, highway collections, reservation of parking place for disabled persons, diplomatic missions or important persons; (ee) the marks to be used on the surface of highway; (ff) the legal effects of signs, devices and marks and the evidence that is sufficient to prove their existence;
(gg) privileges and exemption to emergency vehicles and other special classes of vehicles from all or any of the provisions of this Chapter and the conditions governing such exemption; (hh) prohibiting the driving of a motor vehicle or a particular class of motor vehicle either
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generally or on a specified road or highway or area; (ii) (jj) prohibiting the use of footpaths pavements by motor vehicles; and of
any other matter which is to be or may be prescribed.
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Contents
CHAPTER XIII : CONTROL OF TRAFFIC .................................................................................... 282 229. 230. 231. 232. 233. 234. 235. 236. 237. 238. 239. 240. 241. 242. 243. 244. 245. 246. 247. 248. 249. 250. 251. 252. 253. 254. 255. 256. 257. 258. 259. 260. 261. 262. 263. 264. 265. 266. 267. Restriction on the use of mobile telephones._ ........................................................... 282 Use of ear plug restricted._ ............................................................................................ 282 Processions._ ..................................................................................................................... 282 Control of traffic at assemblies and public resorts._ ................................................ 283 Opening and closing vehicle doors._ ............................................................................ 284 Signal and signalling devices._...................................................................................... 284 Vehicle with left-hand control._ .................................................................................... 284 Leaving vehicle in dangerous position._...................................................................... 285 Unlawful riding._............................................................................................................... 286 Unsafe boarding or alighting from vehicles._ ............................................................. 287 Obstruction to driver's view or driving mechanism._ ............................................... 288 Obstruction of Public Street, road or highway or public place._ ............................ 288 Unattended motor vehicle._ ........................................................................................... 289 Persons riding motor cycles._ ........................................................................................ 289 Fitting and wearing of safety seat belts._ ................................................................... 290 Requirements of additional drivers and attendants._ .............................................. 290 Duty to produce licence, vehicle and certificate of registration, etc._ ................. 291 Using of motor vehicle without registration or certificate of fitness or permit._ 293 Failure to produce vehicle and documents._ .............................................................. 294 Duty of driver to stop in certain cases._ ..................................................................... 294 Duty to give information._ ............................................................................................. 295 Power to remove or immobilise vehicles._ ................................................................. 296 Placing of road hump, barrier, stretching of ropes, etc., across roads._ ............. 299 Disobedience of orders, obstruction and refusal of information._ ......................... 300 Driving recklessly or dangerously._ ............................................................................. 300 Restriction on competetion and trial of speed._ ........................................................ 301 Homicide by vehicle._...................................................................................................... 303 Fleeing or attempting to elude a police officer._ ....................................................... 303 Careless and inconsiderate driving._ ........................................................................... 303 Driving while under the influence of intoxicating substance or drug._ ................ 304 Driving when mentally or physically unfit to drive._ ................................................ 305 Power to enter motor vehicles._ ................................................................................... 305 Power to inspect premises._ .......................................................................................... 306 Power to examine motor vehicles._ ............................................................................. 306 Power to prevent driving by incapable persons._ ..................................................... 307 Power to seize document._ ............................................................................................ 308 Power to detain and seize vehicles._ ........................................................................... 309 Power of police officer or other officers in investigation._ ...................................... 312 Power to make regulations._ ......................................................................................... 312
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -XIII
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER VII CONTROL OF TRAFFIC Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER XIII : CONTROL OF TRAFFIC 229. Restriction on the use of mobile telephones._ (1) Any person who, being the driver of a motor vehicle, or any other vehicle uses or responds a mobile telephone while driving the vehicle and when it is in motion, on a road or in a public place, shall be guilty of an offence; or if because of such use of telephone while driving, an accident is caused, causing death or grievous bodily injury or bodily injury to another person or damage to the property of another person, he shall also be guilty of an offence, and any authorized officer or prescribed authority may seize or confiscate any such telephone or device. In this section "mobile telephone" includes any hand held equipment which is designed or capable of being used for telecommunication; "use" , in relation to a mobile telephone, means to hold it in one hand while using it to communicate with any person; respond means reply or answer the telephone, or take any other action in response. 230. Use of ear plug restricted._ (1) A person who drives a motor vehicle or a bicycle or a rickshaw or such other vehicle with earplugs in both ears or while wearing a headset covering both ears shall be guilty of an offence; or if because of such use of earplugs or headset while driving, an accident is caused, causing death or grievous bodily injury or bodily injury to another person or damage to the property of another person, he shall also be guilty of an offence, and any authorized officer or prescribed authority may seize or confiscate any such ear plugs or device. This section shall not apply to any person using a prosthetic device which aids the hard of hearing. Inserted new Inserted new Remarks Proposed a new law to replace the MVO 1983
(2)
(2)
231. Procession._ (1) No processions, funeral or parade containing two hundred or more persons or fifty or more vehicles except the Armed Forces,
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the Para Military Forces such as Border Guards of Bangladesh, Ansars, Village Defence Party and the Police Force and Fire Service, shall occupy, march or proceed along any road or highway except in accordance with the written permission given issued in this respect by the Government or by the respective Mayor or by the District Magistrate or by the Commissioner of Police, as the case may be, and such other rules and regulations as are set forth herein or made hereunder, which may apply. (2) No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion. Each driver in a funeral or other procession shall drive as near to the lefthand edge of the roadway as practicable and shall follow the vehicle ahead as close as is practicable and safe. A funeral composed of a procession of vehicles shall be identified as such by the display, visible through the windshield or upon the outside of each vehicle, of a pennant, placard, or other identifying marking, and by turning on the headlights of each vehicle in the procession. Any person who contravenes this section shall be guilty of an offence. Inserted new
(3)
(4)
(5)
232. Control of traffic at assemblies and public resorts._ (1) The Commissioner of Police or The Superintendent of Police, having jurisdiction over the area, may from time to time, by notifications in the Official Gazette and in such other manner as he deems proper, issue police orders, specifying the routes, entrances and exits by which traffic shall approach or leave any place of assembly or public resort, and also specifying where and which vehicles shall park while waiting at such places. An order made under this section may, with the consents of the owner or occupier of such lands, specify a parking place or places upon the land in private ownership. The Commissioner of Police or The Superintendent of Police responsible, may, with the consent of the owner or occupier of any place of assembly or public resort, authorise any police officer in uniform to regulate the movement of traffic in such place. Any person who contravenes any order made under this section; or
(2)
(3)
(4) (a)
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(b) neglects or refuses to stop a vehicle or to make it proceed in or keep to a particular line of traffic or neglects or refuses himself to proceed in or keep to a particular line of traffic when directed to do so by a police officer authorised under this section to regulate traffic; shall be guilty of an offence. Inserted new
233. Opening and closing vehicle doors._ (1) No person shall open any door of a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. No bus door shall remain open while the vehicle is in motion other than city or local service Any person who contravenes this section shall be guilty of an offence.
(2)
(3) 93. (1) Signals and signalling devices The driver of a motor vehicle with a right hand steering control shall on the occasions specified in the Eleventh Schedule make the signals specified therein: Provided that the signal of an intention to turn to the right or left or to stop may be given by a mechanical or an electrical device of a prescribed nature affixed to the vehicle. In the case of a motor vehicle with a left hand steering control the signal of an intention to turn to the right or left or to stop shall be given by a mechanical or an electrical device of a prescribed nature affixed to the vehicle, and in case of sudden failure of the devices, the signal shall, however, be given with the left hand. Vehicle with left hand control No person shall drive or cause or allow to be driven in any public place any motor vehicle with a left hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature and in working order:
234. Signal and signalling devices._ (1) The driver of a motor vehicle shall make signal of an intention, and on such occassions as may be prescribed, with the help of devices of prescribed nature affixed to the vehicle and on completion of the maneuver cancel such signal. A driver, who contravenes sub-section (1), shall be guilty of an offence.
Inserted new
(2)
(2)
94.
235. Vehicle with left-hand control._ (1) After the date, as the Government may by notification in the official Gazette appoint, no person shall drive or cause or allow to be driven in any public place any motor vehicle with a left-hand steering control: Provided that the Government or the Authority may, having regard to the
Inserted new
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Provided that the Government may, having regard to the width and conditions of the roads in any area or route, by notification in the official Gazette, exempt, subject to such conditions as may be specified therein any such motor vehicle or class of motor vehicles from the operation of this section for the purposes of playing in that area or route. 95. Leaving vehicle in dangerous position 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. purpose of the vehicle, width and conditions of the roads in any area or route, by notification in the official Gazette, exempt, subject to such conditions as may be specified therein any such motor vehicle or class of motor vehicles from the operation of this section for the purposes of plying in that area or route. (2) No vehicle with left hand steering control shall be used or allowed to be used as public service vehicle. Any person who contravenes this section shall be guilty of an offence. Modified
(3)
236. Leaving vehicle in dangerous position._ (1) No person, in charge of a motor vehicle, shall cause or allow the vehicle or any trailer which has, as a result of an accident or any other cause, broken down, or has been permitted to remain at rest in contravention of any statutory prohibition or restriction, or left 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 traffic or users of the road. Any police officer not below the rank of a Sub-inspector of Police or Sergeant in uniform, or any road transport officer, or any Inspector of Motor Vehicles, or any road or highway authority having jurisdiction over the road or highway, or any other officer or person authorized in this behalf by the Government or by the Authority, may, require the driver, owner or other person in charge of any such vehicle, to move or caused to be moved any such vehicle, to any other road, position or place of safety, at the risk of the owner, as may be specified by the officer or authority acting under this section, and may detain the same, until any fees fixed or prescribed for such removal and detention are paid. An officer or authority who detains a vehicle under this section, shall, with all reasonable dispatch give notice in writing to the owner of the vehicle the fact of detention, if the name and address is known to him. If, any vehicle detained under this section appears to have been abandoned, or if not claimed within three months of the date of its detention, it may be sold in public auction or otherwise disposed of, by the authority having jurisdiction over the road or the area or any officer authorized in this behalf by the Government or by the
(2)
(3)
(4)
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Authority, after giving one months notice in the official Gazette of the intention so to do. (5) The proceeds, if any, from the sale or disposal of any such vehicle shall be disbursed as specified under sub-section (9) of section 265. Any person, who contravenes sub-section (1), shall be guilty of an offence. Modified
(6) 96. Riding on running board No person driving, or acting as conductor or in charge of a motor vehicle shall carry any person, or permit any person to be carried on the running board, or on the bumper, or on the top of the roof, or otherwise than within the body of the vehicle, in excess of the permissible capacity.
237. Unlawful riding._ (1) No person driving, or acting as conductor or in-charge of motor vehicle shall carry any person, or permit any person to be carried on the running board, or on the bumper, or on the top of the roof, or on the top of pile of goods, or in hanging condition or otherwise than within the body of the vehicle, or in excess of the permissible capacity. No person shall drive or travel in a vehicle with his limb protruding outside the body of the vehicle or in a manner endangering safety or security of him or others. No driver or worker or passenger of a public service vehicle shall behave in an un-civil and dis-orderly manner to passengers and intended passengers or in a manner likely to cause annoyance to any female passenger of a public service vehicle. No driver or worker or passenger or intended passenger of a public service vehicle shall interfere with persons boarding or alighting from the bus or boarding or preparing to board upon any other bus or vehicle. No driver or worker or passenger or intended passenger of a public service vehicle shall use an abusive language to any passenger or molest any other passenger in a public service vehicle. No person without lawful authority or any passenger in a public service vehicle shall obstruct the conductor or the driver in the execution of his lawful duties or interfere with the conduct or driving of the vehicle. No person or any passenger (other than sick person) in a public service vehicle shall spit or through garbage or do such other thing to render a public service vehicle dirty. No passenger shall occupy the seats reserved for lady passengers or senior citizens or mentally retarded children or children upto tweve years of age or disabled or handicapped passengers or the space in the region of such reserved
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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seats in a public service vehicle. (9) No person with contagious or infectious disease shall board or travel and no driver or conductor shall carry or allow such person traveling in a public service vehicle.
(10) No person shall ride on any vehicle or upon any portion thereof not designed or intended for the use of passengers: Provided that the provision of this subsection shall not apply to an employee engaged in the necessary discharge of a duty or to person riding securely within truck bodies in the space intended for merchandise. (11) No person or any passenger or worker shall smoke in any public service vehicle or while driving a vehicle. (12) No person shall use loud speaker or play radio or television or any other cinema to graphic apparatus in a motor vehicle without permission of the prescribed authority or in a manner not permissible under the Act or the rules or regulation or by the prescribed authority. (13) No person or any passenger or worker in a vehicle shall behave in a manner or do any other thing which is likely to distract the attention of the driver of the vehicle and hampers his driving the vehicle. (14) Any person who contravenes this section shall be guilty of an offence. 97. (1) Restrictions on boarding public service vehicles No person shall board a public service vehicle in excess of the capacity authorised in the permit, or, shall be on the running board, or on the bumper, or on the top of the roof, or otherwise than within the body of the vehicle. Any police officer not below the rank of Sub Inspector of Police in uniform authorised in this behalf by the Government or any Inspector of Motor Vehicles may require such passenger to alight from the vehicle forthwith and may stop the vehicle and keep it standing until such passenger has alighted and every such passenger shall be entitled to the refund of any fare which he might have paid. 238. Unsafe boarding or alighting from vehicles._ (1) No person shall board or alight from any motor vehicle while such motor vehicle is in motion. No person driving shall risk colliding with alighting, boarding or waiting bus passenger. No person shall board a public service vehicle in excess of the capacity authorised in the permit or, shall be on the running board, or on the bumper, or on the top of the roof, or in hanging condition, or in a manner not authorized, or otherwise than within the body of the vehicle. Any person who contravenes this section shall be guilty of an offence. Any police officer not below the rank of Sub-Inspector of Police or Sergeant in uniform or any Inspector of Motor Vehicles, or a road transport officer authorised in this behalf by the Government or by the Authority may, Modified
(2)
(2)
(3)
(4) (5)
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require such passenger to alight from the vehicle forthwith and may stop the vehicle and keep it standing until such passenger has alighted and every such passenger shall be entitled to the refund of any fare which he might have paid. 98. Obstruction of driver No person driving a motor vehicle shall allow any person to stand or sit or anything to be placed in such a manner or position as to hamper the driver in his control of the vehicle. 239. Obstruction to driver's view or driving mechanism._ (1) No person shall drive a vehicle when it is so constructed or loaded, or when there are in the front seat such a number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. No person shall drive a vehicle while a child or any other person or an animal or any other thing is so positioned as to be between the body of the driver and the steering wheel which impede the driver in his control over the driving mechanism of the vehicle. No person driving or in charge of a motor vehicle shall cause or allow any person to stand or sit or ride or anything to be placed or carried in a motor vehicle in such a manner or position so as to hamper the security and safety of the passenger or the vehicle or the driver or to obstruct the view of the driver to the front or side of the vehicle or so as to interfere or impede the driver in his control of the vehicle or cause danger to other persons using the vehicle or the road. No person or passenger in a vehicle shall ride, stand or sit or place anything in such a manner or position so as to hamper the security and safety of the passenger or the vehicle or the driver or cause danger to other persons using the vehicle or the road or interfere with the driver's view ahead or to the sides, or impede the driver in his control over the driving mechanism of the vehicle. No person shall drive a vehicle without adjusting the drivers seat for easy access to the controls and unimpeded view to the front or side of the vehicle or without fixing rear view mirror (external or internal) or without windshield glass wiper or wiper inoperative during rain. Any person who contravenes this section shall be guilty of an offence. Modified Modified
(2)
(3)
(4)
(5)
(6)
157. Obstruction in public street or public place Whoever causes obstruction in
240. Obstruction of Public Street, road or highway or public place._ (1) Whoever causes obstruction in a public
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a public street or public place by keeping a motor vehicle for repair or keeping or storing spare parts of motor vehicles or any articles for sale or keeps any article for any other purposes causing obstruction to flow of traffic shall be punishable with a fine which 159 may extend to [ five hundred] Taka and such vehicles or spare parts or articles shall be liable to confiscation. street or road or highway or foot or public place or causes danger or inconvenience to other person or traffic or cause traffic congestion by the parking, placing or keeping of any vehicle, material or matter of any description or by leaving a vehicle or keeping a vehicle for repair or otherwise or keeping or storing spare parts of vehicles or any articles for sale or keeps any construction material or any article for any other purposes, causing obstruction to the flow of traffic, or causing danger or inconvenience to the other traffic or vehicle, or person, using the place or likely to use, shall be guilty of an offence and such vehicles or spare parts or materials or articles shall be liable to confiscation. (2) Any vehicles or any other articles confiscated under sub-section (1) may be sold in a public auction or otherwise disposed of in the manner provided under sub-sections (4) and (5) of section 236. 99. Stationary vehicles 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 as to ensure that the vehicle cannot accidentally be put in motion in the absence of the driver. 241. Unattended motor vehicle._ (1) No person driving or in-charge of a motor vehicle shall cause or allow the vehicle to stand unattended or 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 engine and other mechanism of the vehicle has been stopped and a brake or brakes applied effectively or such other measures taken (locking the ignition, removal of ignition key and when standing upon any grade, turning the front wheels to the kerb or side of the highway) so as to ensure that the vehicle cannot accidentally be put in motion in the absence of the driver and cause any injury to any person or damage danger or to any property or inconvenience to other vehicle or user of the road. Any person who contravenes this section shall be guilty of an offence. Modified Modified
(2) 100. Pillion riding (1) 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. (2) No driver of a two wheeled motor cycle shall drive any motor cycle unless he wears a
242. Persons riding motor cycles._ (1) No driver of a two-wheeled motor cycle shall carry any person on the cycle unless he is licensed for at least one year, and more than one person in addition to himself on the cycle, and no such person shall be carried otherwise than sitting stride the cycle, and on a proper seat securely fixed to the cycle behind the driver's seat or in the side cars if so authorised.
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helmet of the prescribed type or carry any person on a motor cycle unless that person wears a helmet of the prescribed type. (2) No driver of a two-wheeled motor cycle shall drive any motor cycle unless he wears a helmet of the prescribed or approved type or carry any person who is too small to wear a helmet or who is not over twelve years of age or carry any person on a motor cycle unless that person wears a helmet of the prescribed or approved type. No person shall import, sell or offer for sale or have in his possession for sale any protective helmet which is not of a type prescribed or approved by the Authority or by the Government. No side car or fore car shall be attached to a motor cycle without the approval of the registering authority or other prescribed authority. Any person who contravenes this section shall be guilty of an offence. Inserted new
(3)
(4)
(5)
243. Fitting and wearing of safety seat belts._ (1) The Authority may make regulations subject to such exemptions as it may deem appropriate, regulating the fitting of safety seat belts to motor vehicles or particular class or description of motor vehicles, the standards of quality of material and construction with respect to road safety seat belts, and the position in which such safety seat belts shall be fixed, the use and maintenance of such safety seat belts and to prohibit the sale or supply of such seat belts not conforming to the standards prescribed and the type approved. Persons driving or riding in a motor vehicle shall wear safety seat belts where such seat belts are fitted in the vehicle and no person shall drive a vehicle with any unrestrained passengers. No person shall import, sell or offer for sale or have in his possession for sale or fix in a motor vehicle any safety seat belt which is not of a type prescribed or approved by the Authority or by the Government. Any person who contravenes this section shall be guilty of an offence.
(2)
(3)
(4)
244. Requirements of additional drivers and attendants._ (1) There shall be employed, two-up driver, in driving or attending a heavy or a light locomotive, or a vehicle providing service at night not being a taxi-cab or where the driver may require to work beyond the hours of work specified in sub-section (1)
Inserted new
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of section 136, whilst being driven on any road. (2) Where any locomotive referred to in subsection (1), draws one or more trailers on a road, there shall be employed for the purpose of attending to the trailer or trailers, one person for each trailer, in addition to the persons employed under that sub-section. The number of trailers, if any, which may be drawn by a motor vehicle, other than a heavy or a light locomotive, on a road, shall not exceed one. Where a motor vehicle, other than a heavy or a light locomotive, draws a trailer on a road, one person in addition to the driver of the vehicle shall be carried on the trailer for the purpose of attending to such trailer. Any person, who causes or permits a motor vehicle or trailer to be driven or drawn in contravention of this section, shall be guilty of an offence. The Authority may by regulations prescribe the number of attendants or labourers who shall be and other persons who may be carried on goods vehicles and regulate the positions on the vehicle which they may occupy and the duties of those attendants or labourers. The Authority may by regulations vary the requirements of this section in respect of any class or description of motor vehicles or any class or description of trailers. In this section, trailer shall not include any vehicle used solely for carrying water for the purposes of the drawing vehicle or any agricultural vehicle not constructed to carry a load; any road sweeping or road construction vehicles; or any trailer or class of trailers exempted from the operation of this section by the Authority or by the Government. Modified
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(7)
(8) (a)
(b) (c)
101. Duty to produce licence and certificate of registration, etc (1) The driver and the conductor, if any, of a motor vehicle in any public place shall, on demand by any police officer not below the rank of Sub Inspector of Police in uniform or, on demand by any Inspector of Motor Vehicles or, any other person authorised in this behalf by the Government produce his 98 licence for examination [ which shall, if found in order, be returned forthwith].
245. Duty to produce licence, vehicle and certificate of registration, etc._ (1) The driver or other worker of a motor vehicle shall always have his or her driving license or the vocational license, as applicable, in his or her immediate possession at all times when driving a motor vehicle or working in a motor vehicle, and shall display the same upon demand of a magistrate or a police officer not below the rank of Sub-Inspector of Police or Sergeant or any Inspector of Motor Vehicles or any other authorized road transport officer or any other officer
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(2) The owner of a motor vehicle other than a vehicle registered under section 48, or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any police officer not below the rank of Sub-Inspector of Police in uniform or any Inspector of Motor Vehicles or any person authorised in this behalf by the Government, produce the certificate of registration of the vehicle and, where applicable the certificate of fitness referred to in section 47.141 Whoever while driving a motor vehicle in a public place fails to produce his valid driving licence whenever required to do so by any authority acting under this 130 Ordinance or any [ rules or regulations] made thereunder shall be punished with fine of fifty Taka. or person prescribed, or authorized in this behalf by the Authority or by the Government or acting under this Act or any rules or regulations made there under which shall, if found in order, be returned forthwith. (2) The owner of a motor vehicle other than a vehicle registered under section 118, or in his absence the driver or other person in charge of the vehicle, shall, on demand, by a registering authority or any police officer not below the rank of Sub-Inspector of Police or Police Sergeant in uniform or any Inspector of Motor Vehicles or a road transport officer or any other person authorised in this behalf by the Government or by the Authority, produce the vehicle and/or the vehicle Authorization certificate required under section 91, certificate of registration of the vehicle issued under section 102 and, where applicable the certificate of fitness referred to in section 117 and the permit or the permission or the franchise certificate referred to in section 122 or 142, the tax token or card or certificate issued under section 282 and the certificate of insurance issued under section 312 or the certificate of security issued under section 314 for inspection at such time and place and by such person as may be specified in the demand notice: Provided that it shall not be necessary to produce the documents mentioned above for mere checking, if the vehicle to which the documents relates, exhibits valid labels specified under section 108, unless the documents are otherwise required: Provided further that no vehicle shall be detained under this section for a period exceeding forty eight-hours. (3) A fee for inspection of the vehicle or an additional fee for any further inspection of the vehicle may be levied from the owner, where the vehicle is found, after a previous inspection, not to comply with any prescribed requirement relating to its construction, equipment, use or condition, or to any identification mark or sign carried by or fixed on it or the seal of such mark or sign, or to any marking on it. A person who without just cause or reasonable excuse fails to comply with the request made under sub-sections (1) or (2) or (3) shall be guilty of an offence. For the purpose this section "display" means the manual surrender of the license into the hands of the demanding officer for
(3)
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(5)
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inspection thereof. 152. Using of motor vehicle without registration or certificate of fitness or permit (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used or let out a motor vehicle for use in contravention of the provisions of section 32 or without the certificate of fitness under section 47 or the permit required by sub section (1) of section 51 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used or to the maximum of passengers and maximum weight of luggage that may be carried on the 151 vehicle, [ shall be punishable for a first offence with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand Taka, or with both and for any subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand Taka, or with both.] 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 to the Regional Transport Committee within seven days. 246. Using of motor vehicle without license, registration or certificate of fitness or permit or certificate of insurance._ (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven or let out a motor vehicle for use(a) without the driving license required under section 48 or without registration or the certificate of registration in contravention of the provisions of section 100 or 102, or without the certificate of fitness required under section 117 or the permit or the permission or the franchise certificate or the operators license required by section 122 or 142 or without the tax token or card or certificate issued under section 282 or without the certificate of insurance or secutity required under section 312 or 314 and when such licenses or certificates or permit or permission has expired or ineffective, or when such licenses, certificates, permits or operators license or franchise or tax token or card or insurance or secutity has been suspended or cancelled or the holder of the license or certificate or permit is disqualified; or in contravention of any conditions including the conditions specified under section 129 or 148 of such permit or franchise or operators license or in contravention of any conditions relating to the route on which, or the area in which, or the purpose for which the vehicle may be used, or to the maximum of passengers and maximum weight of luggage or goods, or the nature of goods that may be carried on the vehicle, or the manner in which they may be carried, shall be guilty of an offence. (2) It shall be an offence for a person to permit or lend for use his license, registration certificate or permit or permission or franchise certificate or a number plate by another person or vehicle. 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 to the Authority or the Regional Transport Authority, as the case may be within seven days. Modified
(b)
(2)
(3)
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247. Failure to produce vehicle and documents._ Any person, who is legally bound, without just cause or reasonable grounds, fails to stop, produce the vehicle or any license or certificate or permit or token or label or any other documents, whenever required to do so, by any officer or authority acting under this Act or any rules or regulations made there under shall be guilty of an offence: Provided that no person shall be convicted of an offence under this section, if, such person produces the same at such a police station, as may be specified by him at the time of such requirement or at the office of the officer or authority who made the demand, within forty-eight hours of such requirement. 102. Duty of driver to stop in certain cases (1) The driver of a motor vehicle shall cause the vehicle to stop and remain stationary so long as may reasonably be necessary:(a) when required to do so by any police officer in uniform, or any Inspector of Motor Vehicles, or any person authorised in this behalf by the Government, or (b) when required to do so by any person in charge of an animal if such person apprehends that the animal is, or being alarmed by the vehicle will become, unmanageable, or (c) when the vehicle is involved in the occurrence of an accident to a person, animal or vehicle or of damage to any property, whether the driving or management of the vehicle was or was not the cause of the accident or damage, 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. The driver of a motor vehicle shall, on demand by a person giving his own name and 248. Duty of driver to stop in certain cases._ (1) The driver of a motor vehicle shall cause the vehicle to stop and remain stationary so long as may reasonably be necessary:when required to do so by any police officer in uniform, or any road transport officer or any Inspector of Motor Vehicles, or any other officer or person authorized in this behalf by the Government or by the Authority; or if such officer or person has reasonable cause to believe that the vehicle is being used in contravention of this Act or any rules or regulations made there under or an offence has been committed in relation to the use of the vehicle in a public place; or when required to do so by any person incharge of an animal if such person apprehends that the animal is, or being alarmed by the vehicle will become, unmanageable, or when the vehicle is involved in the occurrence of an accident where by damage or injury is caused to a person, animal or vehicle or to any property, whether the driving or management of the vehicle was or was not the cause of the accident or damage or injury; or when required to do so by the driver or other person in-charge of a vehicle which is involved in accident or by any other person injured in an accident if such person or other injured persons are required to be taken immediately to a hospital for medical attention; and he shall give his name and address and the name and address of the owner Modified Inserted new
(a)
(b)
(c)
(d)
(e)
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address and alleging that the driver has committed an offence punishable under section 143, give his name and address to that person. In this section the expression animal means any horse, cattle, elephant, camel, ass, mule, sheep or goat. and the identification marks 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. (2) If in the case of any such accident as aforesaid, the driver of the motor vehicle for any reason does not give his name and address to any such person as aforesaid, he shall report the accident at a police station or to a police officer as soon as reasonably practicable and, in any case, within twenty-four hours of the occurrence thereof. Any person who without just cause or reasonable excuse, fails to comply with the requirements of this section shal be guilty of an offence. Any police officer in uniform or any authorized road transport officer or other authorized officer or person may, arrest without warrant any person who is reasonably suspected of having failed to comply with this section.
(3)
146. Punishment for offence relating to accidents Whoever fails to comply with the provisions of clause (c) of sub section (1) of section 102 or, of section 104 shall be punishable with imprisonment for a term which may extend to 141 [ three months], or with fine 142 which may extend to [ five hundred] Taka, or with both or, if having been previously convicted of an offence under this section, with imprisonment for a term which may extend to 143 [ six months], or with fine 144 which may extend to [ one thousand] Taka, or with both. 103. Duty of owner of motor vehicle to give information The owner of a motor vehicle the driver or conductor of which is accused of any offence under this Ordinance shall, on the demand of any police officer authorised in this behalf by the Government or on the demand of any Inspector of Motor Vehicles or, other persons authorised in this behalf by the Government, give all information regarding the name and address of and the licence held by the driver or conductor which is in his possession or could by reasonable diligence be ascertained by him.
(3)
(4)
249. Duty to give information._ (1) A person committing an offence under the Act or the rules and regulations made there under shall, on demand by a police officer or a road transport officer or other authorized person give his name and address and the license if any to the police officer or the other authorized person making the demand, failing to do so, he shall be guilty of an offence. The owner or the incharge of a motor vehicle, the driver or conductor or any other worker or employee of which is accused of any offence under this Act shall, on the demand of any police officer authorised in this behalf by the Government or on the demand of any road transport officer or any Inspector of Motor Vehicles or, other persons authorised in this behalf by the Government or by the Authority, give all information necessary including the name and address of and the licence held by the driver or conductor or other worker which is in his possession or could by reasonable diligence be ascertained by him. Any person, who refuses or fails to furnish within seven days of the date on which the information was required from him or willfully furnishes any false or misleading
Modified
(2)
(3)
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information under sub-section (1), shall be guilty of an offence. (4) Any police officer or any other authorized officer or person, may, arrest without warrant any person committing or abetting an offence under this section Inserted new
250. Power to remove or immobilise vehicles._ (1) Any police officer not below the rank of Sub-Inspector of Police or Sergeant or any highway authority or any local authority or any city traffic engineer having jurisdiction over the area or the roads or highway or any road transport officer or any other officer or authority prescribed or authorised by the Authority, in accordance with the regulations that may be made in this behalf by the Authority, remove to the designated garage or other place of safety or fix or caused to be fixed an immobilisation device as the authority or officer may deem fit, to the vehiclewhich is being used or parked on a road or in a parking place, is registered in the name of a person against whom a warrant of arrest is in force; or the driver of which is involved in an accident; or the driver of which has failed to satisfy five or more parking or traffic citations and that a warrant of arrest has been issued for such driver; or when the person(s) in charge of a vehicle is unable to provide for its custody or removal; or when the person driving or in control of a vehicle is arrested for an alleged offence; or the vehicle in respect of which report has been made that such vehicle has been stolen or taken without the consent of its owner; or the vehicle which has been parked or broken down on a road or permitted to remain at reston a road in contravention of any statutory prohibition or restriction; or on a road in such a position or in such condition or in such circumstances as to cause or likely to cause obstruction, danger or undue inconvenience to other person or traffic using the road; or on a road, or on any land in the open air, in such a position or in such condition or in such circumstances as to appear to the authority or officer empowered, to have
(a)
(b) (c)
(d)
(e)
(f)
(g)
(i) (ii)
(iii)
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been abandoned without lawful authority; and the vehicle shall remain so immobilised or detained at the risk of the owner thereof until it is released as provided under sub-section (5). (2) Immobilization of a vehicle under this section shall be in a manner so as to prevent its operation by means of a device which will cause no damage to the vehicle unless the vehicle is moved. Where in pursuance of sub-section (1) an authority proposes to remove a vehicle which appears to the authority to be abandoned and in such a condition that it ought to be destroyed, then the authority shall, not less than the prescribed period before removing it, cause to be affixed to the vehicle a notice stating that it proposes to remove the vehicle for destruction when that period expires. On any occasion when an immobilisation device is fixed to a vehicle in pursuance of sub-section (1), the authority fixing the device shall also affix to the vehicle a noticeindicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from that device; specifying the steps to be taken in order to secure its release; and giving such other information as may be prescribed. A vehicle to which an immobilisation device has been fixed in accordance to this section may, only be released from that device by or under the direction of the authority who fixed it or by or under the direction of any other prescribed authority and on payment by the person responsible, such charges as may be prescribed. The officer or the authority acting under sub-section (5) may refuse to order the release of any vehicle that has been immobilised or seized and detained under clause (a) of sub-section (1) until the person in whose name the vehicle is registered has been arrested in connection with the warrant of arrest in force against him or has surrendered himself to a police officer or the warrant of arrest in force against him has been cancelled by a court. An officer or authority who removes a vehicle under this section shall not later than three days of such removal shall intimate in writing to the owner of such
(3)
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vehicle the fact of removal and the reasons therefor and the place to which such vehicle has been removed and a report to the nearest police station. (8) Where a vehicle is removed under this section, the authority or other person prescribed or authorized in this behalf, shall be entitled to recover from the person responsible, such charges as may be prescribed in respect of the removal and storage of the vehicle and shall also be entitled to retain custody of the vehicle until the sum recoverable has been paid. A vehicle removed in pursuance of this section or appears to have been abandoned may be disposed of in accordance to such procedure as may be prescribed.
(9)
(10) While a vehicle is in custody of an authority in pursuance of this section or of regulations made under this section, other than a vehicle which in the opinion of that authority is in such a condition that it ought to be destroyed, it shall be the duty of that authority to take such steps as are reasonably necessary for the safe custody of the vehicle. (11) Any person who, without being authorised to do so in accordance with this section, or in accordance with the regulations made in this respect, removes or attempts to remove a notice affixed to a vehicle or an immobilisation device fixed to a vehicle in accordance with this section shall be guilty of an offence. (12) In this section(a) 'vehicle' means any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle; 'person responsible' in relation to a vehicle meansthe owner of the vehicle at the time when it was put in the place from which removed or immobilised unless the owner shows that he was not concerned in, and did not know of, its being put there; and any person by whom the vehicle was put in that place.
(b)
(i)
(ii)
(13) The Authority may prescribe the terms and conditions subject to which a person or a firm having appropriate equipment,
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adequate facilities, skill and experience may be registered and authorized by the competent authority for the removal and safe custody of vehicles under this section or for the removal or rescue or salvage of the break-down vehicles or vehicles damaged and disabled in an accident. (14) The Authority may prescribe conditions subject to which a vehicle or any class of vehicle prescribed may be exempted from any or all the provisions of this section. 251. Placing of road hump, barrier, stretching of ropes, etc., across roads._ (1) Any person, who without lawful authority, for any purpose, places or causes to be placed any road hump, barrier, or any rope, wire, chain, tackle or similar apparatus, across a road or any part thereof, in such a manner as to be likely to obstruct traffic movement, cause inconvenience or danger to persons or damage to vehicles or other traffic using the road shall, unless he proves that he had a lawful authority or right so to do, and that he had taken all necessary measures to give adequate warning of the inconvenience or danger, be guilty of an offence. Notwithstanding anything contained in any other law for the time being in force, any police officer in uniform, authorised in writing by the Deputy Commissioner of Police, or by the Superintendent of Police, having jurisdiction over the area, or any road transport officer including an Inspector of Vehicles, authorized in writing by the Director having jurisdiction over the area, or any other officer or person authorized in this behalf by the Authority, or any local authority or any road or highway authority having jurisdiction in the area concerned, may, if he or she considers it necessary so to do, for the enforcement of this Act or any rules or regulations made ther under, erect or place or cause to be ereeted or placed any barrier, as prescribed, on or across any road, in such manner as he may think fit; and any such officer may, take all reasonable measures to prevent, any vehicle from being driven past any such barrier, including any measure to pursue and stop any such vehicle where, having regard to the prevailing circumstances at a given moment of time, it is apparent that if such measure is not taken, the escape of such vehicle to avoid detection or otherwise, is likely to be imminent. Any person, who fails to comply with any Inserted new
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reasonable signal or direction of a police officer in uniform, or a road transport officer, or any other authorized officer or person, or any authority, requiring such person or vehicle, to stop before reaching any such barrier, or attempts to cross or knock any such barrier, shall be guilty of an offence. (4) No officer, person or authority acting in good faith under this section, shall be liable for any loss, injury or damage caused to any person, vehicle or property consequent upon his taking the steps mentioned in subsection (2). Modified
140. Disobedience of orders, obstruction and refusal of information (1) Whoever wilfully disobeys and 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 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 punishable with imprisonment for a term which may extend to 123 [ one month] or with fine 124 which may extend to [ five hundred] Taka, or with both.
252. Disobedience of orders, obstruction and refusal of information._ (1) Where a police officer in uniform or other authorized person is for the time being engaged in regulating traffic on a road, notwithstanding that any traffic sign has been lawfully placed on or near that road and is operative, any pedestrian who fails or neglects to obey or any person driving or propelling any vehicle, who obstructs other vehicle or person disobeying a lawful order, or who fails or neglects to stop the vehicle or to make it proceed in or keep to a particular line of traffic when directed so to do by such police officer or other authorized person, shall be guilty of an offence. Subject to sub-section (1), where any traffic sign has been lawfully placed on or near any road and is operative, any pedestrian or any person driving or propelling any vehicle, who fails or neglects to conform to the indication given by the sign, shall be guilty of an offence. Whoever willfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any function which such person or authority is required or empowered under this Act to discharge, or, being required by or under this Act to supply any information, withholds such information or gives information which he knows to be false or which he does not believe to be true, shall be guilty of an offence. Any police officer or any authorized road transport officer or any other authorized officer or person, may, arrest without warrant any person committing or abetting an offence under this section.
(2)
(3)
(4)
143. Driving recklessly or dangerously
253. Driving recklessly or dangerously._ (1) Any person, who drives a motor vehicle at
Modified
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Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable on a first conviction for the offence with imprisonment for a 134 term which may extend to [ six months], or with fine which 135 may extend to [ five hundred] Taka, and his driving licence shall be suspended for a specified period, and for a subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which 136 may extend to [ six months], or with fine which may extend to 137 [ one thousand] Taka, or with both, and his driving licence 138 shall be [ suspended for a period not exceeding one month]. a speed or in a manner which is dangerous to the public, or other person or vehicle using the road or place having regard to all the circumstances of the case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be guilty of reckless or dangerous driving. (2) Any person who causes death or grievous bodily injury or bodily injury to another person or damage to the property of another person, by driving recklessly or dangerously shall be guilty for such an offence. The trial court may order, particulars of any conviction under this section, to be endorsed on any driving licence, held by the person convicted, and may also disqualify the person, from holding or obtaininga driving licence, for such period not less than three years and may extend to life time of the holder. Where a person is convicted of abetting the commission of an offence under this section, and it is proved that he was present in the motor vehicle at the time of the commission of the offence, the offence of which he is convicted shall be deemed to be an offence in connection with the driving of a motor vehicle. A person committing an offence under this section or under sections 48, 100, 122, 142, 191, 193, 227, 248, 252, 254, 255, 256, 257, 258, 259, 295, 298, 305, 306, or 308 or abets any offence under the above mentioned sections or who uses a vehicle in the commission of a cognizable offence shall, on demand by a police officer or a road transport officer or other authorized person give his name and address and the license if any to the police officer or the other authorized person making the demand, failing to do so, he shall be guilty of an offence. Any police officer or any other authorized officer or person, may, arrest without warrant any person committing or abetting an offence under this section. Modified
(3)
(4)
(5)
(6)
148. Racing or a trial of speed Whoever without the written consent of the Government permits or take part in a race or trial of speed between motor vehicles in any place shall be punishable with imprisonment
254. Restriction on competetion and trial of speed._ (1) No competition or trial of speed involving the use of vehicles, shall take place on a road, without the previous written consent of the Government or the Authority, or the highway authority, local authority and the police authority, within the area of such
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for a term which may extend to 145 [ one month], or with fine 146 which may extend to [ five hundred] Taka, or with both, and his driving licence shall be suspended for a period which 147 may extend to [ one month]. authority. (2) Any person, who promotes, advertises or assists in the management or supervision of any competition or trial of speed, or takes part or drives any vehicle in any race, speed competition or contest, drag race or acceleration on test, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record which has not been so approved under sub-section (1), shall be guilty of an offence; or if as a result of such unauthorized racing or trial of speed, an accident is caused, causing death or grievous bodily injury or bodily injury to another person or damage to the property of another person, he shall also be guilty of an offence. Any police officer or other authorized officer or person, may arrest without warrant any person committing an offence under sub-section (2), and may seize and detain for the purposes of proceedings under this Act, any vehicle used in any competition or trial of speed, which has not been so approved. Where a motor vehicle has been seized under subsection (3), a notice in writing shall be given to the registered owner, with all reasonable despatch, if his address is known, otherwise, a notice may be published in the official Gazette specifying that such vehicle has been seized, and calling upon the owner or any other person, who may have a claim thereto, within one month from the date of such notice, to appear and establish his claim. If, the vehicle seized is not claimed within the period specifiedin sub-section (4), the vehicle shall be forfeited, and the Police officer or the road transport officer authorized under sub-section (3) of section 265, after giving one months notice in the Gazette of his intention to do so, may sell by public auction or otherwise dispose of the vehicle. The proceeds, if any, from the sale or disposal of any such vehicle shall be disbursed in the manner specified in subsection (9) of section 265. Upon receipt of a claim under sub-section (4), the Chief Police Officer of the area or a director of the road transport department, having jurisdiction over the area, may direct that such vehicle be released on payment of cost incidental and the fine due, if imposed by any trial court. Any person aggrieved by the decision of
(3)
(4)
(5)
(6)
(7)
(8)
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any officer acting under this section, may appeal in the prescribed manner to an authority prescribed for the purpose, whose decision shall be final. (9) No person shall in any proceedings in any court, in respect of the seizure of any vehicle under sub-section (3), be entitled to the costs of such proceedings, or to any damages or other relief, other than an order for the return of such vehicle, unless such seizure was made without reasonable cause.
255. Homicide by vehicle._ (1) Any person who unlawfully and intentionally causes the death of another person while engaged in the violation of any law applying to the operation or use of a vehicle or to the regulation of traffic shall be guilty of homicide when such violation is the proximate cause of said death. The provisions of sections 302 of the Bangladesh Penal Code, 1860 (Act No XLV of 1860) shall apply to any offence under sub-section (1). Any police officer or other authorized officer or person, may arrest without warrant any person committing an offence under this section.
(2)
(3)
256. Fleeing or attempting to elude a police officer._ (1) Any driver of a motor vehicle who wilfully fails or refuses to bring his or her vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police vehicle, or a police officer in uniform or other officer empowered under this Act, when given visual or audible signal to bring the vehicle to a stop, shall be guilty of an offence. Any police officer or other authorized officer or person, may arrest without warrant any person committing an offence under this section.
(2)
257. Careless and inconsiderate driving._ (1) Any person, who drives a motor vehicle on a road or any other place, without due care and attention or without reasonable consideration for other persons or vehicle using the road or the place shall be guilty of an offence; or if as a result of such driving an accident is caused, causing death or grievous bodily injury or bodily injury to another person or damage to the property of another person, he shall also be guilty of an offence.
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(2) Whoever, while driving a motor vehicle, impedes or does not give way to other vehicle intentionally or when it could be safely done or increase speed or fail to move to the left when being overtaken or overtakes a vehicle when overtaking is prohibited or overtaking is unsafe, shall be guilty of an offence. Modified
144. Driving while under the influence of drink or drug Whoever while driving or attempting to drive a motor vehicle is under the influence of drink or drug to such extent as to be incapable of exercising proper control over the vehicle, shall be punishable for a first offence with imprisonment which may extend to three months, or with fine which may extend to one thousand Taka, or with both, and for a subsequent offence with imprisonment which may extend to two years, or with fine which may extend to one thousand Taka, or with both and his driving licence shall be suspended for a specified period.]
258. Driving while under the influence of intoxicating substance or drug._ (1) Any person who, when driving or attempting to drive a motor vehicle, or when in actual physical control of any vehicle, or in charge of a vehicle on a road or in any other public placeis unfit to drive in that he is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of exercising proper control over the vehicle; or has so much of alcohol concentration in his body that the proportion of it in his breath, blood or urine exceeds the limit prescribed or specified by the competent authority, measured within three hours of the time of driving or being in the actual physical control of the vehicle; shall be guilty of an offence. (2) Any person who causes death or grievous bodily injury or bodily injury to another person or damage to the property of another person by driving a vehicle with unlawful blood alcohol level or while under the influence of drink or of a drug or an intoxicating substance shall be guilty of an offence. Any police officer not below the rank of Sub-Inspector of Police or a Police Sergeant or other authorized officer or person shall, subject to the provision of this section, or any rules or regulations made there under, may require any person committing an offence under sub-section (I), to give in the prescribed manner, such test of breath or of blood or of urine or such other test as may be necessary to determine, if the person committing the offence was under the influence of any intoxicating substance or liquor or drink or drug or exceeded the prescribed limit of alcohol in his blood, urine or breath: Provided that where a specimen other than a specimen of breath is required, the police officer or the other authorized officer or person making the requirement shall, subject to medical advice, decide whether it is to be a specimen of blood or urine. (4) A person who is at a hospital as a patient,
(a)
(b)
(3)
13-304
shall not be required to provide a specimen for a breath test, or to provide a specimen for a laboratory test, where it would be prejudicial to the proper care and treatment of such patient, and unless the medical practitioner in immediate charge of his case authorises it, and the specimen is to be provided at the hospital. (5) A person required to provide a specimen of breath, blood or urine may, thereafter be detained at a police station, until it appears to the police officer or other authorized officer or person, acting under sub-section (3), that driving a motor vehicle on a road by that person would not be an offence under sub-section (1), but in no case such period of detention shall exceed twenty-four hours: Provided that a person shall not be detained in pursuance of this sub-section, if, it appears that by reason of his condition, there is no likelihood of his driving a motor vehicle. (6) A person who, without just cause or reasonable excuse, fails to provide a specimen when required to do so in pursuance of sub-section (3) of this section shall be guilty of an offence. Any police officer or other authorized officer or person, may arrest without warrant any person committing an offence under this section. Modified
(7)
145. Driving when mentally or physically unfit to drive 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 140 punishable [ for a first offence with fine which may extend to five hundred Taka and his driving licence shall be suspended for a specified period and for a subsequent offence with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka or, with both].
259. Driving when mentally or physically unfit to drive._ (1) Any person who drives a motor vehicle in any public place when he is mentally or physically unfit to drive, or when he is to his knowledge suffering from any disease or disability or defective eyesight calculated to cause his driving of the vehicle to be a source of danger to the public or other person or vehicle using the road or place shall be guilty of offence; or if as a result of such driving an accident is caused, causing death or grievous bodily injury or bodily injury to another person or damage to the property of another person, he shall also be guilty of an offence. Any police officer or other authorized officer or person, may arrest without warrant any person committing an offence under this section.
(2)
260. Power to enter motor vehicles._ (1) Any police officer in uniform or any road transport officer or any Inspector of Motor Vehicles or other officer or person
Inserted new
13-305
authorized in this behalf by the Government or by the Authority may, for the purpose of establishing the identity of the driver of a motor vehicle or for carrying out the provisions of sections 191, 253, 254, 255, 256, 257, 258, 259 or 358 or arresting a person, as may be applicable enter the motor vehicle using, if necessary, reasonable force, if the driver refuses or fails to obey any lawful direction given to him by the police officer or by any road transport officer or the Inspector of Motor Vehicles or other authorised officer or person. (2) Any person, who obstructs or attempts to obstruct any police officer or other authorized officer or person in the exercise of his powers and performance of his duty under this section, that person shall be guilty of an offence. Inserted new
261. Power to inspect premises._ (1) Any police officer not below the rank of a Sub-inspector of Police or Sergeant, in uniform or any road transport officer or any Inspector of Motor Vehicles or other officer or person authorised in this behalf by the Government or by the Authority may, for the purpose of examining any vehicle in respect of which he has reason to believe that an offence under this Act has been committed, enter at any time any place in which he suspects that such vehicle is kept. Any police officer not below the rank of a Sub-inspector of Police or Sergeant, in uniform, or any road transport officer, or any Inspector of Motor Vehicles, or other officer or person authorised in this behalf by the Government or by the Authority may, in conducting an investigation into any occurrence of accident, in which death or grievous injury is caused to any person, or if an offence requiring seizure, in connection with which a vehicle is suspected to be concerned, may, enter any place to search for and examine such vehicle. Any person, who obstructs or attempts to obstruct any police officer or other authorized officer or person in the exercise of his powers and performance of his duty under this section, that person shall be guilty of an offence.
(2)
(3)
262. Power to examine motor vehicles._ (1) Any police officer in uniform or any road transport officer or any Inspector of Motor Vehicles or other officer or person authorised in this behalf by the
Inserted new
13-306
Government or by the Authority may, for the purpose of ensuring that any vehicle or trailer or any combination thereof that is being used on a road complies with this Act, at any time (a) examine the vehicle or trailer or the licence, certificate of registration, certificate of fitness, permit, tax token or such other documents relating thereto; or order the owner or driver of the vehicle or trailer to deliver the same for an inspection by such person and at such time and place as the police officer may specify. Any person, who obstructs or attempts to obstruct a police officer or other authorized officer or person in the exercise of his powers under subsection (1) (a) or fails to comply with any order given by the police officer or other authorised officer or person, under subsection (1) (b), shall be guilty of an offence. Inserted new
(b)
(2)
263. Power to prevent driving by incapable persons._ (1) Any police officer in inform or any road transport officer or any Inspector of Motor Vehicles or other officer or person authorised in this behalf by Government or by the Authority, who is of the opinion on reasonable grounds that a person, driving or about to drive a motor vehicle, is by reason of his or her physical or mental condition incapable of having proper control of the motor vehicle may, do all or any of the following actions, namelyforbid that person to drive the motor vehicle while so incapable; require that person to deliver up forthwith all ignition or other keys of the motor vehicle in his or her actual possession; and take such other steps as may in the opinion of the police officer or other person be necessary to render the motor vehicle immobile or to remove it to a place of safety. Nothing in sub-section (1) authorises the detention of any keys or the immobilisation or detention of any motor vehicle for any longer period than is necessary in all the circumstances of the case in the interest of the person driving or about to drive it or of any person or the public. Any person who contravenes any prohibition or requirement made under sub-section (1) or in any manner obstructs or attempts to obstruct the police officer or other authorised person acting under subsection( 1) shall be guilty of an offence.
(a) (b)
(c)
(2)
(3)
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(4) A court may only find a person guilty of an offence under sub-section (3), if the court is satisfied that the police officer or other authorised person had reasonable grounds for believing that in all the circumstances of the case the action taken by the police officer or other person acting under sub-section (1) was necessary in the interest of that person or any other person or of the public. Modified
161. Power of police officer to impound document (1) Any police officer [ not below the rank of Sub-Inspector or Sergeant] or any Inspector of Motor Vehicles authorised in this behalf or other person authorised in this behalf by the 166 [ Authority] may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of fitness, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the 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. 167 Any police officer [ not below the rank of Sub-Inspector or Sergeant] or any Inspector of Motor Vehicles authorised in this behalf or other person authorised in this behalf by the 168 [ Authority] may, if he has reason to believe that the driver or the conductor, if any, 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 or conductor and forward it to the Court taking cognizance of the offence and the said Court shall, on the first appearance of such driver or conductor before it, return the licence to him in exchange for the temporary acknowledgement given under sub section (3).
165
264. Power to seize document._ (1) Any police officer not below the rank of Sub-Inspector or Sergeant or any Inspector of Motor Vehicles or any road transport officer or other officer or person authorised in this behalf by the Government or by the Authority may, if he has reason(s) to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of fitness, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the 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. Any police officer not below the rank of Sub-Inspector or Sergeant or any Inspector of Motor Vehicles or any road transport officer or other officer or person authorised in this behalf by the Government or by the Authority may, if he has reason to believe that the driver or the conductor or other worker, if any, of a motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a summons, seize any licence held by such driver or conductor or other worker and forward it to the Court taking cognizance of the offence and the said Court shall, on the first appearance of such driver or conductor or other worker before it, return the licence to him in exchange for the temporary acknowledgement given under this subsection. Any person, who obstructs or attempts to obstruct any police officer or any road transport officer or any Inspector of Motor Vehicles or other authorised officer or person in the exercise of his powers and duty under this section, that person shall be guilty of an offence. A police officer or any Inspector of Motor Vehicles or any road transport officer or
(2)
(2)
(3)
(4)
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(3) A police officer or any Inspector of Motor Vehicles or other person seizing a licence under sub section (2) shall give to the person surrendering the licence a temporary acknowledgement therefore and such acknowledgement shall authorise the holder to drive or to act as conductor until the licence has been returned to him or until such date as may be specified by the police officer or by the Inspector of Motor Vehicles or by other person in the acknowledgement, whichever is earlier or the Court has otherwise ordered. other officer or person authorised, seizing a licence under sub-section (2) shall give to the person surrendering the licence a temporary acknowledgement therefore and such acknowledgement shall authorise the holder to drive or to act as conductor until the licence has been returned to him or until such date as may be specified by the police officer or by the Inspector of Motor Vehicles or by other officer or person in the acknowledgement, whichever is earlier or the Court has otherwise ordered.
162. Power to detain vehicles used without certificate of registration or certificate of fitness or permit Any police officer or any Inspector of Motor Vehicles authorised in this behalf or other person authorised in this 169 behalf by the [ Authority] may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of sub section (1) of section 32 or without the certificate of fitness required by sub section (1) of section 47 or without the permit required by sub section (1) of section 51 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle: Provided that, where any such officer or person has reason to believe that a vehicle has been or is being used without the certificate of fitness required by sub section (1) of section 47 or without the permit required by sub section (1) of section 51, he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle, and
265. Power to detain and seize vehicles._ (1) Any Police Officer in uniform not below the rank of a Sub-Inspector or Sergeant, or any road transport officer not below the rank of Inspector of Motor Vehicles, or such other officers or person or agent, as may be authorized by the Government or by the Authority, may, if he has reason to believe thatan offence under this Act has been or is being committed in connection with the vehicle; or the motor vehicle has been or is being used in contravention of the provisions of section 100; or the vehicle has been or is being used without the certificate of fitness required by sub-section (I) of section 117; or the vehicle has been or is being used without the permit or a franchise certificate required by section 122 or 142; or the vehicle has been or is being used in contravention of the conditions of any licence, registration or the permit or franchise; or the vehicle has been or is being used in contravention of the conditions relating to the route on which or the area in which or the purpose for which the vehicle may be used; or the vehicle has been or is being used without paying the tax due under section 283 or 286, as the case may be; or the vehicle has been or is being used in contravention of this Act or any rules or regulations made thereunder; or the vehicle which is being used or parked on a road or in a parking place is registered in the name of a person against
Modified
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
13-309
shall issue an acknowledgement in respect thereof. whom a warrant of arrest is in force; the officer acting under this sub-section, may, on production of his authority, require the driver or the in charge of any motor vehicle, to stop the motor vehicle and cause it to remain stationary for the purpose of satisfying himself, if the offences, as aforesaid has been committed or not, and if satisfied, may, detain and seize the vehicle, and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle as provided under this section: Provided that where any such officer or person has reason to believe that a vehicle has been or is being used without the certificate of fitness required by subsection (I) of section 117 or without the permit or franchise required by section 122 or 142, or the offence committed does not warrant seizure of the vehicle, he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle, and shall issue an acknowledgement in respect thereof. (2) Where the officer acting under sub-section (1) seizes and detains a vehicle for being used in contravention of the provisions as aforesaid or if he finds such a vehicle abandoned on the road or in the public place without reasonable ground, he shall report the matter to such officer or person, as may be prescribed or specified by the Authority, by a notification in the official Gazette, who may, if deem fit, order confiscation of the vehicle and/or may take any other steps, he deems proper, for the safe custody and/or for the disposal of the vehicle: Provided that where the vehicle is detained for non-payment of tax only, the provisions under section 287 shall there upon apply. (3) Any person, who obstructs or attempts to obstruct any police officer or any road transport officer or any Inspector of Motor Vehicles or other authorised officer or person in the exercise of his powers and duty under this section, or fails to comply with any requirements there under, that person shall be guilty of an offence. The power conferred on a police officer, an Inspector of Motor Vehicles or other officer authorised under sub-section (1), may be exercised whether or not the owner, driver or person in charge of the vehicle is present at the time of its seizure.
(4)
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(5) Any vehicle which is taken to a place of safety under subsection (1) shall be detained thereat until it is released by order of a court or by order of an authorized Police officer of or above the rank of a Deputy Commissioner of Police or by order of an authorized road transport officer of or above the rank of a Director or by such other authorized officer. Any unauthorised person removing or causing to be removed any such vehicle or trailer from the place of safety pending the order of a court or that of the officer authorized under sub-section (4), shall be guilty of an offence. If, the owner of the vehicle or trailer is convicted of or has been permitted to compound an offence under this Act, the expenses incurred in carrying out the provisions of this section shall be recoverable from the owner of the vehicle by or on behalf of the Poice officer or the road transport officer acting under subsection (1) and, in case of a dispute or neglect to pay the expense, it be summarily ascertained by a Magistrates Court and may be recovered in the same manner as if they were fines imposed by that Court. When any vehicle or trailer is detained or seized under this section, the Police officer or the road transport officer or other officer authorized under sub-section (1) shall, with all reasonable despatch give notice in writing to the owner, of the detain or the seizure. If, the vehicle or trailer is not claimed by its owner within one month of the date of its detention or seizure, or if the owner against whom a warrant of arrest is in force, has not been arrested or has not surrendered himself to a police officer or the warrant of arrest in force against him has not been cancelled by a court, the Police officer or the road transport officer or other authorized officer acting under sub-section (5), after giving one months notice in the Gazette of his intention to do so, may, sell by public auction or otherwise dispose of the vehicle or trailer.
(6)
(7)
(8)
(9)
(10) The proceeds, if any, from the sale or disposal of any such vehicle or trailer shall be applied in payment of(a) firstly, any fees or tax which may be due in respect of the vehicle and of any charges incurred in carrying out the provisions of this section; and secondly, any damage caused to property of the Government by the unlawful use of
(b)
13-311
the vehicle or trailer, and (c) thirdly, the surplus, if any, shall be paid to the owner of the vehicle or trailer, or if not claimed by the owner of the vehicle or trailer within twelve months after the date of the sale or disposal, it shall be forfeited to the Government. Inserted new
266. Power of police officer or other officers in investigation._ (1) Where, any offence against this Act is committed or suspected to have been committed, a police officer or a road transport officer, or other authorized officer making an investigation under this Act, shall have the power to require information, whether orally or in writing, from any person supposed to be acquainted with the facts and circumstances of the case under investigation. A police officer, or a road transport officer or other authorized officer making an investigation under this Act, may exercise any or all of the powers conferred on a police officer, by Chapter . . . . . of the Criminal Procedure Code (. . . . .of. . . ,) in relation to police investigation in seizable cases, and sections . . . . . of that Code shall apply to statements made by persons examined in the course of such investigation. Whoever, on being required by a police officer, or by a road transport officer, or other authorized officer to give information under this section, refuses to comply with such request by the officer, or furnishes as true, information which he knows or has reason to believe to be false, shall be guilty of an offence. When any such information is proved to be untrue or incorrect in whole or in part, it shall be no defence to allege that such information or any part thereof was misinterpreted, or furnished inadvertently or without criminal or fraudulent intent.
(2)
(3)
(4)
106. Power to make rules (1) The Government may make rules for the purposes of carrying into effect the provisions of this Chapter. Without prejudice to the generality of the foregoing power, such rules may provide for(a) the nature of the mechanical or electrical signalling devices which may be used on motor
267. Power to make regulations._ (1) The Authority may make such regulations as it may consider expedient for prescribing anything which may be prescribed under this Chapter, and otherwise for the purpose of carrying into effect or to supplement the provisions of this Chapter. Without prejudice to the generality of the foregoing power, the regulations under this Chapter may be made with respect to all or any of the following matters, namely:-
Modified
(2)
(2)
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vehicles; (b) the removal and the safe custody of vehicle including their loads which have broken down or which have been left standing or have been abandoned on roads; (c) the installation and use of weighing devices; (d) the maintenance and management of godowns for the storage of goods removed from over loaded vehicles and the fees, if any, to be charged for the use of such godowns; (e) the exemption from all or any of the provisions of this Chapter of Fire Brigade vehicles, ambulances and other special classes of vehicle, subject to such conditions as may be prescribed; (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 a specified place; (h) Prohibiting/prohibiting the taking hold of or mounting of a motor vehicle in motion; (i) prohibiting the use of footpaths of 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; and (k) any other matter which is to 100 be or may be [ prescribed by rules]. (a) regulating traffic on roads and relieving congestion and facilitating the provisions for the safety of road users; the nature of the signalling devices which may be used on vehicles and the manner in which signals may be given in case of failure of the prescribed devices; and signal by hand and arms or signal by lamps; carrying of children, carrying of passengers in public service vehicle, motor cycle, and goods vehicle; the number of persons to be carried on any vehicle; use of seat passengers; belts by driver and
(b)
(c)
(d) (e) (f)
prohibiting or restricting the use of audible signals at certain times or in certain places; use of horns and other sound producing devices, use of communication equipment, telephone, use of mobile phone, use of camera, radio and television, loud speaker; prohibiting or restricting any acts, the fitting and use of any appliances, accessories or machine which are likely to cause annoyance or danger; opening and closing of doors, boarding or riding or alighting a vehicle, riding in a motor cycle or trailer or caravan; the removal and the safe custody of vehicle including their loads which have broken down, or which have been left standing or have been abandoned or have been immobilised by fixing immobilised devices or detained or seized, the disposal of such vehicles, and the fees which may be charged for the removal, carrying and use of storage facilities, safety and security and such other matters; approval and affixing of immobilisation devices; prohibiting the taking hold of or mounting of a motor vehicle in motion; traffic and parking infringements, prosecution, penalties and proceedings, refund, etc.; generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or obstruction to traffic; the number of trailers which may be attached either lone or in train to any motor vehicle, the manner of attachment
(g)
(h)
(i)
(j)
(k) (l) (m)
(n)
(o)
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and use thereof; (p) (q) issue of permit processions; for parades and
maintenance of records, submission of reports and returns, regarding traffic violation, road accidents and impounding vehicles by the police and other prescribed officer or person to the Authority or other designated officer; disposal of impounded licence, certificate other documents, plate, badge, marks, etc the procedure relating to the testing of breath, blood and urine of drivers of motorized and non-motorized vehicles, pedestrians and others to determine concentration and the limit of alcohol in the body and blood, and the types of breathanalysers or other test device or equipment or machine to be used for the purpose of test, obtaining of sample for such tests, storage and analysis of sample and communication of result thereof and the fees to be charged for all such purposes; regulating the racing (including foot racing), speed trials and other competitive events (including motoring events) on highways, procedures for authorization, conditions for holding of events, fees and other charges; and any other matter which is to be or may be prescribed..
(r) (s)
(t)
(u)
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Contents
CHAPTER XIV : PEDESTRIANS AND NON-MOTORIZED VEHICLES ................................ 315 268. 269. 270. 271. 272. 273. 274. 275. 276. Drivers to exercise due care for pedestrians._ .......................................................... 315 Pedestrians on the roads or highways._ ..................................................................... 316 Pedestrian obedience to traffic-control devices and traffic regulations._ ............ 317 Certain provisions of this Act to apply to non-motorised vehicles._ ..................... 318 Traffic laws apply to persons on bicycles and other human powered vehicles._ 319 Riding on bicycles._ ......................................................................................................... 320 Bicycle racing._ ................................................................................................................. 321 Rights and duties- invalid carriage._ ........................................................................... 321 Power to make regulations._ ......................................................................................... 321
14-i
Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -XIV
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER XIV: PEDESTRIANS AND NONMOTORIZED VEHICLES 92. (3) Every driver of a motor vehicle shall stop on the appropriate line near every pedestrian crossing so marked where there is a pedestrian on the crossing. 268. Drivers to exercise due care for pedestrians._ (1) Notwithstanding other provisions of this chapter, or the provisions of any other law for the time being in force, every driver of a motor vehicle, shall drive the vehicle with due regard and proper precaution, for the safety of all persons or vehicles or traffic using the road or highway and shall exercise due care to avoid colliding with any vehicle or traffic or pedestrian particularly any child, incapacitated, obviously confused or intoxicated person or blind carrying a clearly visible white cane or any person propelling a human powered or animal powered vehicle or riding an animal and shall give an audible signal when necessary. Every driver of a motor vehicle shall, while approaching or entering or leaving a pedestrian crossing drive the vehicle in such a manner as set forth herein or as may be prescribed and shall take such other actions as may be necessary to allow a pedestrian pass the crossing unimpeded and safely. Every driver of a motor vehicle shall stop on the appropriate line near every pedestrian crossing so marked where there is a pedestrian on the crossing. When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian, crossing the roadway within a pedestrian crossing, when the pedestrian is upon the half of the roadway upon which the vehicle is travelling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. Whenever a vehicle is stopped at any pedestrian crossing to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. No vehicle shall at any time be driven through or within a safety zone. Remarks Proposed a new law to replace the MVO 1983 Modified Modified
(2)
(3)
(4)
(5)
(6)
14-315
(7) The driver of a vehicle crossing a footpath shall yield the right of way to any pedestrian and all other traffic on the footpath. The driver of a vehicle shall yield the right of way to any blind pedestrian carrying a clearly visible white cane. Any person who contravenes this section shall be guilty of an offence. Inserted new
(8)
(9)
269. Pedestrians on the roads or highways._ (1) Pedestrian crossings may be established as provided herein after in this Act, or any rules or regulations made there under, or under any law for the time being in force, by the appropriate authority having jurisdiction over the road or the area, as it thinks fit, in consultation with the Regional Transport Authority, chief police officer and the chief road transport officer of the area. Where a footpath is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. Every pedestrian walking along and upon a road or a highway, shall make use of the footpath while proceeding along, and when there is no footpath available, shall use the shoulder or right hand edge of the road way facing on coming traffic. Where neither a footpath nor a shoulder is available, any pedestrian walking along and upon a road or a highway shall walk as near as practicable to an outside edge of the roadway, and if on a two way roadway, shall walk only on the right side of the roadway. Every pedestrian shall, while passing across a carriage way, highway or roadway, make use of the pedestrian crossing (surface, tunnel or overhead), if there is any within three hundred meter or 1000 feet. Every pedestrian walking along and upon a road or a highway, or while passing across a carriage way, highway or road, shall comply with all directions and instructions given to him by any police officer in uniform or other authorized person, who is for the time being engaged in the regulation of traffic on a road or in any public place or any direction applicable to him conveyed by any official traffic control signals or devices. Every pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway, and while crossing a
(2)
(3)
(4)
(5)
(6)
(7)
14-316
roadway at any point other than within a marked pedestrian crossing shall yield the right of way to all vehicles upon the road way or on an unmarked pedestrian crossing. (8) No pedestrian shall suddenly leave a kerb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. No pedestrian shall pass, through, around, over, or under any crossing gate, or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or being opened or closed.
(9)
(10) Every pedestrian shall give right of way to the emergency vehicle upon the immediate approach of any such vehicle making use of an audible and/or visual signal meeting the requirements by this Act or any rules or regulations made there under. (11) Except where otherwise indicated by a pedestrian crossing or other official traffic control devices a pedestrian shall cross a roadway at right angles to the kerb or by shortest route to the opposite kerb. (12) A pedestrian shall move when practicable upon the left half of the pedestrian crossing. (13) No person shall stand in a road or highway for the purpose of soliciting a ride, employment, business or contribution from the occupant of any vehicle or watching or guarding any vehicle while parked or about to be parked on a road or highway. (14) A pedestrian who is under the influence of alcohol or any drug to a degree which renders such pedestrian a hazard shall not walk or be upon a road or a highway except on a footpath. (15) Any person on foot, who without just cause or reasonable excuse contravenes sub-section (2) of section 189 or fails to make use of a pedestrian crossing or an over bridge or an under pass, where there is one, while crossing the carriageway or highway, shall be guilty of an offence. (16) Any person who contravenes this section shall be guilty of an offence. 270. Pedestrian obedience to traffic-control devices and traffic regulations._ (1) Pedestrians shall be subject to traffic and pedestrian-control signals as prescribed under section 186 and shall obey the instructions of any official traffic-control device specifically applicable to such Inserted new
14-317
pedestrian, unless otherwise directed by a police officer. (2) At all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter. No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. Any person who contravenes this section shall be guilty of an offence. Inserted new
(3)
(4)
271. Certain provisions of this Act to apply to non-motorised vehicles._ (1) No person shall ride or propel or use or let out for use any non-motorised vehicles in brief NMVs in any urban area or on any roads or highway specified by the highway authority or the local authority having jurisdiction over the area or the roads and the highways, unless the said nonmotorised vehicle is registered and the driver of such vehicle is licensed or permitted in accordance to the bylaws for the time being in force or made by the said authority with the approval of the respective administrative ministry or in accordance to the regulations made by he Authority. Every person propelling a vehicle by human power, or driving a rickshaw, or driving any animal drawn vehicle or riding a bicycle, or riding an animal, or driving or riding any other non-motorised vehicle upon a road or highway, shall have all the rights granted and shall be subjected to all the duties applicable to the driver of a motor vehicle under this Act or any rules and regulations made there under except those provisions which by their very nature can have no application; and in the said Act or in the rules and regulations made there under, any reference to motor vehicles, drivers of motor vehicles, driving license and driving, or the owner shall be construed accordingly, and shall likewise on contravention of any provisions, be guilty of an offence. Sections 252, 253, 254, 256, 257, 258 and 259, subject to this section, shall apply to persons riding bicycles, driving rickshaw or such other non-motorized vehicles, not being motor vehicles, as they apply to drivers of motor vehicles, and references in those sections to motor vehicles, drivers and driving shall be construed accordingly. The maximum penalties which may be
(2)
(3)
(4)
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imposed, on a conviction, by virtue of this section, to the rider, driver or owner of a non-motorized vehicle, unless otherwise provided for any specific offence, shall not exceed one tenth of the maximum penalties provided for the driver or the owner or in charge of a motor vehicle under the particular section or fifteen unit of penalties whichever is lesser subject to a minimum of two units. (5) No person upon roller skates, or riding in or by means of any toy vehicle, or similar device shall go upon any road or highway except while crossing a road or street on a pedestrian crossing or on a designated crossing and when so crossing such person shall have all the rights and shall be subjected to all the duties applicable to a pedestrian. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or him or herself to any streetcar or vehicle upon a roadway. Not withstanding any thing cotrary contained in this Act or any rules or regulations made there undr or under any other laws for the time being inforce, all powers conferred and functions entrusted to a Police officer or to any other authorized officer or person under the Act or any rules or regulations made there under, in respect of detection and prosecution of offences relating to a motor vehicle, driver of motor vehicle, driving license, driving, registration or the owner, construction and use or the safety matters may be exercised and discharged by such officers or persons in respect of a nonmotorized vehicle, driver of a nonmotorized vehicle, driving and driving license, registration and such other matters except those provisions which by their very nature can have no application. Any person who contravenes this section shall be guilty of an offence. Inserted new
(6)
(7)
(8)
272. Traffic laws apply to persons on bicycles and other human powered vehicles._ (1) A person propelling a vehicle by human power or riding a bicycle shall have all of the rights and all of the duties applicable to the driver of any other vehicle under chapters XII, XIII and XIV except as to special regulations in this chapter and except as to those provisions which by their nature can have no application. A person propelling a vehicle by human power, upon and along a footpath, or across a roadway, upon and along a
(2)
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crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances. (3) A person propelling a vehicle by human power shall not drive or use his vehicle, upon and along a footpath, or across a roadway, upon and along a crosswalk, where use of such vehicle is prohibited by official traffic-control devices. A police officer in uniform or a road transport officer authorized by the Authority or any other authorized officer or person may stop and detain any bicycle or rickshaw or any other non-motorized vehicle in respect of which an offence has been committed within his view under this Act or any rules or regulations or bylaws made there under, and may take any actions considered appropriate for the safe custody of such vehicle or for the prosecution of the person responsible for the offence. Any person who contravenes or fails to comply with this section or obstructs any police officer or other authorized officer in the discharge of his duties shall be guilty of an offence. Inserted new
(4)
(5)
273. Riding on bicycles._ (1) No bicycle shall be persons at one time which it is designed that an adult rider securely attached to pack or sling. used to carry more than the number for or equipped, except may carry a child adult rider in a back
(2)
Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths of roadways set aside for the exclusive use of bicycles. Persons riding bicycles two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane. No person operating a bicycle shall carry any package, bundle or article which prevents the use of both hands in the control and operation of the bicycle. A person operating a bicycle shall keep at least one hand on the handlebars at all times. A person propelling a bicycle upon and along a footpath, or across a roadway upon and along a crosswalk, shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. A person shall not ride a bicycle upon and along a footpath, or across a roadway
(3)
(4)
(5)
(6)
(7)
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upon and along a crosswalk, where such use of bicycles is prohibited by official traffic-control devices. (8) Any person who contravenes this section shall be guilty of an offence. Inserted new
274. Bicycle racing._ (1) Bicycle racing on the roads or highways is prohibited unless a permit in this respect is obtained from the appropriate authority and the race is conducted in accordance to the conditions of the permit. Bicycle racing on a highway shall not be unlawful when a racing event has been approved by the Government or by any local authorities on any highway under their respective jurisdictions. Approval of bicycle highway racing events shall be granted only under conditions which assure reasonable safety for all race participants, spectators and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users. By agreement with the approving authority, participants in an approved bicycle highway racing event may be exempted from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety of all highway users. Any person who contravenes sub-section (1) shall be guilty of an offence.
(2)
(3)
(4)
(5)
275. Rights and duties- invalid carriage._ Every person operating a motorized invalid carriage shall have all of the rights and all of the duties applicable to a pedestrian contained in this chapter, except to those provisions which by their very nature can have no application. 276. Power to make regulations._ (1) The Authority or any local government body authorized in this behalf by the Government, may, make regulations for the purpose of carrying into effect or to supplement the provisions of this Chapter. Without prejudice to the generality of the foregoing power, such regulations may provide for the appointment, jurisdiction, control and functions of a non-motorized vehicle registration and licensing officer, driving test examiners and other officers as may be necessary for carrying out the purposes and provisions of this chapter and their supervisory authorities and other
Inserted new
Inserted new
(2)
(a)
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prescribed authorities and the manner of discharge of functions by them; (b) the issue, refusal and renewal of registration of non-motorized vehicles and the driving licenses to drive such a vehicle, whether manually or electronically, and the fees to be charged for the issue and the renewal or replacement or computerization, lamination of registration certificate and driving licenses, or for an addition to a driving license, or for the authorisation under the provisions of this Chapter and for recording the change of address, and the manner of payment thereof; the requirements to be complied with before registration and a driving license may be granted, varied or renewed or replaced or laminated or computerized and the information and evidence to accompany the applications, and the procedures to be complied with, the period within which these may be submitted and disposed off; the conditions on which registration and a driving license may be granted, varied or renewed; the taking of photographs for inclusion in the driving license and registration related documents; the circumstances in which a person may be required to be certified by a medical practitioner as fit to drive a non-motorized vehicle or to pass any practical driving test before granting or renewing a driving licence under this chapter; the use of non-motorized vehicles, their design, construction, equipment and parts, safety standards, performance efficiency, road worthiness and the conditions under which they may be used and maintained; the requirement of number and nature of brakes, locking chains for any class or description of non-motorized vehicles, human powered or animal drawn vehicles used on roads and the working order and efficiency of such devices; the number of persons who may be carried upon pedal bicycles, pedal rickshaw or auto-shaws on roads and the manner in which they may be carried prohibiting the use of any road or a particular road by the pedeatrians or by any non-motorized vehices or by a nonmotorized vehicles of any particular class; signalling appliances, lamps and reflectors to be fitted in a bicycles, rickshaw or any other non-motorized vehicles or by the
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
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pedestrians for signalling their presence when uses any roads; (l) prohibiting or enforcing the painting in particular colours of non-motorized vehicles of particular descriptions or for particular purposes or in particular areas; prohibition or restriction of any pedetrians, vehicle propelled by human or animal power, or any non-motorized vehicle, either generally or in a specified direction or during particular hours, or in a specified area or on a specified road; the information and the particulars to be furnished by the seller and buyer of nonmotorized vehicles; keeping and use of non-motorized vehicles by the manufacturer, importer, dealer, or repairer under a license or no license, with or without registration; the submission of application for nonmotorized vehicle registration, transfer of ownership, roadworthiness certificate, change of address, alteration, and the documents, particulars, information and evidence to accompany such applications, and the procedures and the requirements to be complied with, the period within which these may be submitted and disposed off; the grounds on which and the authority by which a non-motorized vehicle driving license, registration and the roadworthiness certificate may be refused, suspended, cancelled or varied or restored and the procedures to be followed in such cases and in case of surrender of license and registration documents, the conditions for disqualifying a person for holding a non-motorized driving license and the vehicle endorsement of disqualification or punishments in the licenses; the identification numbers and other particulars to be marked on non-motorized vehicles; the manner in which registration marks and other prescribed particulars shall be marked and exhibited; the levy of tax and/or fees to be charged for the issue, renewal or alteration of license or registration, for re-registration, for issue and renewal of roadworthiness certificate, change of address, transfer of ownership, for registration marks, or plates and for the examination or inspection of a non-motorized vehicle, and the refund or forfeiture of such tax or fees or deposits, the manner in which such tax or fees may
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
14-323
be collected including the use of electronic, computerized or other facilities; (u) the amount and the manner in which any fee, tax, levy, deposit and other charges payable under this Chapter are to be fixed and paid when any document is filed or submitted through the authorized or registerd electronic service agent or any other agent; the refund of fees paid under the provisions of this Chapter, the exemption of prescribed persons, or prescribed classes of persons from payment of all or any portion of the fees payable under this Chapter; the forms to be used for the purposes of this Chapter, the particulars and information these shall contain and the manner of filling up and submission thereof; the production of license, certificates of registration, roadworthiness certificate or any other certificate, before the registering or licensing officer or other authority or officer, for examination and the revision of entries, particulars therein; the nature of competency tests and the conduct of such tests, the period of submission for a competency test and after failing to pass the test; the period for which a registration and a driving license under this chapter may remain in force and the probationary period of a driver;
(v)
(w)
(x)
(y)
(z)
(aa) records and registers to be maintained in relation to registration and driver of a nonmotorized vehicle and driving licenses and for such other matters as may be required under this chapter; (bb) keeping of demerits register manual or electronical to record against a driving license holder any demerit points that are incurred by him; (cc) the qualification, training, the nature of test of competence and the conduct of persons to drive a non- motorized vehicle; (dd) 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; (ee) the issue of duplicate registration document or driving licenses in place of registration document or driving licenses lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the issue of temporary registration or driving licenses to persons receiving instruction in driving
14-324
or to persons whose registration document or the driving licenses have been surrendered or seized, and the fees to be charged there for and the manner of payment; (ff) the badges and uniform to be worn by drivers of different classes of nonmotorized vehicles and the fees to be paid in respect of such badges and uniform;
(gg) the medical examination and testing of applicants for driving licenses and the drivers to undergo such tests and the fees to be charged there for and the manner of payment thereof and the evidence of the result of such tests; (hh) the inspection and testing of nonmotorized vehicles for registration, or renewal of registration and such other matters and the fees to be charged there for and the manner of payment thereof and the evidence of the result of such tests. (ii) the diseases or disabilities which shall not entitle a person to claim for a test as to his fitness and ability to drive a non-motorized vehicle; the exemption of person or classes of persons from the requirements to obtain a driving license and from the test of health or the test of competence or other appropriate test;
(jj)
(kk) the communication of particulars of driving licenses granted by one licensing officer to other licensing officers or authorities in the country; (ll) the control of schools or establishment for the instructions of drivers of non-motorized vehicles (including the registration or licensing of such schools or establishments) and the acceptance of driving certificates issued by such schools or establishments as qualifying the holder for exemption from the driving competency test or a part thereof;
(mm) regulating the activities of non-motorized vehicles driver training schools, and the manner in which such schools may conduct their business; (nn) the issue and renewal of driving instructor and driving examiner certificate under this chapter, the fees to be charged and the forms to be used for such licenses and registration of approved driving instructors and driving examiners and the manner of discharge of functions by them including the fees to be charged and the facilities to be provided; (oo) the type of non-motorized vehicles which
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may be used for driving instructions and driving tests and the conditions that must be complied for the use of such vehicles; (pp) the conduct of driving instructors when giving driving instructions and the conduct of driving examiners when conducting driving tests; (qq) the minimum and maximum age limit of a person for holding driving license of a nonmotorized vehicle; (rr) the maximum age of driving instructors and driving examiners beyond which they may not be allowed to work as such instructor or examiner;
(ss) the form of records to be kept by driving instructors, driving examiners and the driver training schools and the particulars to be entered therein; (tt) the person submitting for a test to provide vehicle for the purpose;
(uu) parking and other facilities to be provided to a non-motorized vehicle and the rights and duties of the owner and the driver of a non-motorized vehicle; (vv) the power to seize and detain or auction sale an abondoned or seized or unclaimed non-motorized vehicle by a police officer or by any other authorized officer; (ww) prohibition of use of un-registerd nonmotorized vehicle or driving by unlicensed persons; (xx) rate of hire or fares for a non-motorized vehicle used for carrying goods or passengers; (yy) the precedence of vehicles and pedestrians respectively, and generally with respect to the movement of traffic, type of traffic (including pedestrians) at and in the vicinity of a pedestrian crossing (prohibiting pedestrians on the carriage way within one hundred metres of a pedestrian crossing and at a distance from a junction of roads), and with respect to the indication of the limits of a crossing by marks on the roadway or otherwise, and to the erection of traffic signs in connection therewith; (zz) the exemption of a vehicle or classes of vehicle or a particular person or classes of persons, from all or any of the provisions of this Chapter and the conditions governing such exemptions; and
(aaa) any other matter which is to be or may be prescribed.
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Contents
CHAPTER XV : ROAD SAFETY INSTITUTIONS AND PROCEDURES ................................. 327 277. 278. 279. 280. 281. Road Safety Council and Committees._ ...................................................................... 327 Duty of driver in case of accident and injury to a person._ .................................... 328 Inspection of vehicle involved in accident._ ............................................................... 330 Special provision as to accident inquiry._ ................................................................... 331 Power to make regulations._ ......................................................................................... 332
15-i
Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -XV
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER I PRELIMINARY Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER XV : ROAD SAFETY INSTITUTIONS AND PROCEDURES 277. Road Safety Council and Committees._ (1) In order to formulate policies, strategies and prepare action plans, and for such other matters, for the improvement of road safety and reduction of road traffic accidents, the Government may by notification in the official Gazette establish a National Road Safety Council in brief NRSC hereinafter called the Safety Council with such terms and cnditions and with such officials and non-officials and other experienced persons as the Government may deem necessary and may designate an officer to act as Secretary of the Safety Council; and may likewise constitute or establish district road safety committee in each district, and road safety upazila (sub-district) committee in each upazila for the implementation of the policies, strategies and action plans formulated by it and the directions given by the Government and may designate an officer to act as Secretary of such road safety committee. The Safety Council shall act as a coordinating and a policy council for all road safety works and all road safety committees shall function under the control and supervision of the Safety Council, the Authority and the Government where the upazila road safety committee shall also be responsible to the district road safety committee in the discharge of its functions. To constitute a Quorum, at a meeting of the Safety Council or safety committee, at least one third of the total number of members of the Safety Council or respective committee, must remain present, and any resolutions of the Safety Council shall be subjected to approval by the Government or the Cabinet and that of the safety committee by the Safety Council. The Safety Council and the safety committees may in their aid constitute temporary or permanent Working Groups or Sub-Committees from among their members or others as may be necessary Remarks Proposed a new law to replace the MVO 1983 Inserted new Inserted new
(2)
(3)
(4)
15-327
and may establish Secretariats and local committee(s) to perform the functions entrusted to it. (5) Special fund to be known as Road Safety Improvement Fund in brief RSIF may be established by the Government to meet financial obligations of the Safety Council and the safety committees. There shall be paid into the RSIFsuch moneys as may be made appropriated from time to time by the Parliament or the Government for the purpose of the Fund; contributions at a prescribed rate from the Revenue Account established and maintained under section 19; contributions at a prescribed rate by the General Insurance Companies operating in Bangladesh; a levy at a fixed rate by each vehicle; a portion of money recovered by way of fine and forfeiture for committing an offence under this Act. There may be paid from the Fund such amounts for the promotion of road safety and for such other purposes as the Safety Council or the Government may approve. The Safety Council and the safety committee shall meet at least once in every six months or at such times and places, as may be expedient or determined by the Chairman of the Safety Council or the respective safety committee, as the case may be. Any person who fails, without reasonable cause, to comply with any of the requirements for the improvrment of road safety under this section shall be guilty of an offence.
(6) (a)
(b)
(c)
(d) (e)
(7)
(8)
(9)
(10) The Government may make such rules as it may consider expedient for the purposes of this section. 104. Duty of driver in case of accident and injury to a person When any person is injured or any property is damaged as the result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall(a) take all reasonable steps to secure medical attention for the injured person, and, if necessary convey him to the nearest hospital, unless the injured person or his guardian (in case he is a minor), desires 278. Duty of driver in case of accident and injury to a person._ (1) If, owing to the presence of a motor vehicle on a road or highway or in a public place, an accident occurs whereby any person is killed or any injury is caused to any person or any damage is caused to any property or vehicle, structure or animal, other than the driver of that vehicle or any property other than that vehicle or the property of the owner of that vehicle is damaged, the driver of the vehicle, and if there is more than one such vehicle, the driver of all such vehicle, or other person Modified
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otherwise; (b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence at the nearest police station as soon as possible, and in any case within twenty four hours of the occurrence. 146. Punishment for relating to accidents offence (a) in charge of the vehicle shallstop and, if required so to do by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the registration number of the motor vehicle; render such assistance as may be reasonably required by any police officer or in the absence of any police officer such assistance as it may reasonably be in the power of the driver or incharge of the vehicle to render; take all reasonable steps to secure medical attention for the injured person, and if necessary convey him to the nearest hospital, unless the injured person or his guardian (in case he is a minor), desires otherwise; on a claim being made in accordance with the procedure prescribed, pay such treatment expenses to the injured person or his heir as may be prescribed; give on demand by a police officer any information required by him, or if no police officer is present, report the circumstances of the occurrence at the nearest policestation as soon as reasonably practicable, and in any case within twenty-four hours of the occurrence, and shall produce to the officer incharge of such police station his driving license and if required the certificate of insurance and the certificate of registration and certificate of fitness of his vehicle. It shall be obligatory for the driver or other person in-charge of the vehicle passing the scene of accident immediately after the accident to take all reasonable steps to secure medical attention for the injured persons. If, owing to an accident, any person is killed or seriously injured or serious damage is caused to any vehicle or structure, or property, no person shall, except under the authority of a police officer or an Inspector of Motor Vehicles or other authorized officer, move or otherwise interfere with any vehicle involved in the accident or any part of such vehicle or do any other act so as to destroy or alter any evidence of the accident except thata vehicle or any part thereof may be moved so far as may be necessary to extricate persons or animals involved, remove mails, prevent fire or prevent
(b)
Whoever fails to comply with the provisions of clause (c) of sub section (1) of section 102 or, of section 104 shall be punishable with imprisonment 141 [ for a term which may extend to three months], or with fine which may 142 extend to [ five hundred] Taka, or with both or, if having been previously convicted of an offence under this section, with imprisonment for a term 143 which may extend to [ six months], 144 [ or with fine which may extend to one thousand] Taka, or with both.
(c)
(d)
(e)
(2)
(3)
(a)
15-329
damage or obstruction to the public or other traffic; and (b) goods or passengers baggage may be removed from a vehicle under the supervision of a police officer. Sub-section (3) shall not apply where it is urgently necessary to remove any seriously injured person to hospital and no suitable means of conveyance other than a vehicle involved in the accident is at hand. Where a police officer has reasonable cause to believe that any personwas the driver of a motor vehicle at a time when an accident occurred owing to the presence of such motor vehicle on a road has committed an offence in relation to the use of a motor vehicle on a road; or was accompanying the holder of a learner's driving licence granted under this Act whilst such holder was driving a motor vehicle and that an accident occured where by damage or injury was caused to any person, property or animal owing to the presence of such motor vehicle on a road; such police officer may, require such person to produce for examination, his driving licence, the certificate of registration, certificate of fitness and the certificate of insurance relating to such vehicle. (6) If any person fails to comply with any of the provisions of this section, he shall be guilty of an offence. Any police officer may arrest without warrant any person who is reasonably suspected of having failed to comply with this section. Modified
(4)
(5) (a)
(b)
(7)
105. Inspection of vehicle involved in accident When any accident occurs in which a motor vehicle is involved, any Inspector of Motor Vehicles or any other technically qualified officer duly authorised in this behalf by the Authority may, if required by any Police Officer or owner of the vehicle concerned, inspect the vehicle in the prescribed manner and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination: Provided that, the place to which the vehicle is so removed shall be
279. Inspection of vehicle involved in accident._ When any accident occurs in which a motor vehicle is involved, any Inspector of Motor Vehicles or any other technically qualified officer duly authorised in this behalf by the Authority may, if required by any Police Officer or owner of the vehicle concerned, inspect the vehicle in the prescribed manner and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination: 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 to the owner in a metropolitan area within forty-eight hours
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intimated to the owner of the vehicle and the vehicle shall be returned to the owner in a metropolitan area within forty-eight hours and elsewhere within seventy-two hours of accident.] and elsewhere within seventy two hours of accident: Provided further that unless it is expedient in the interest of safety or smooth flow of traffic, no vehicle may be removed from the seen of accident in which any person has been killed or seriously injured, till such time the vehicle is examined by the Inspector of Motor Vehicles or the officer mentioned above. 280. Special provision as to accident inquiry._ (1) Where, owing to the presence of a motor vehicle in a public place, an accident occurs, the Government or the Authority may, if it thinks fit cause an inquiry to be held into the cause of the accident. The officer or the team of officer holding the inquiry may, by notice in writing, require the person alleged to have been driving or in charge of any vehicle at the time of the occurrence of any accident, in which the vehicle was concerned, or the commission of any offence connected with the driving of the vehicle, to attend before him or it at such time and place as may be stated in the notice, for the purpose of inquiry into the accident. The officer or the team of officer holding the inquiry may, on production, if so required of his or its authority, examine any witness and inspect any vehicle, in connection with which the accident arose, and for that purpose may enter at any reasonable time any premises where the vehicle is and may remove the vehicle for examination. The person(s) alleged, shall attend and shall answer truly, all questions relating to such occurrence or offence, put to him by such officer or the team of officers holding inquiry except that the person may decline to answer any question the answer to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. A person who declines to give witness or knowingly gives a false or misleading statement or statement which he does not believe to be true or withholds information or obstructs the officer or the team holding inquiry in the performance of his or its duty under this section shall be guilty of an offence. If in any case, the Government or the Authority considers that an inquiry to be made under this section should be made by means of the holding of public inquiry, it Inserted new
(2)
(3)
(4)
(5)
(6)
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may, direct a public inquiry to be held. (7) An inquiry report under this section shall not be used in evidence by or on behalf of a person by or against whom any legal proceedings are instituted in consequence of the accident to which the inquiry relates. The Government may, for the purpose of investigation for prosecution into the cases of road traffic accidents, establish road traffic accident investigation unit for such areas with such number of officials and professionals as it considers necessary. Inserted new
(8)
281. Power to make regulations._ (1) The Authority may make regulations for the purposes of carrying into effect or to supplement the provisions of this Chapter. Without prejudice to the generality of the foregoing power, the regulations under this Chapter may be made with respect to all or any of the following matters, namely:reporting, inquiry and investigation of accidents, procedure for accident enquiry and submission of report and return thereof; collection, compilation and dissemination of road safety information, training to road users; payment of compensation to the victims of road traffic accident or to the heirs and other affected persons; and any other matter which is to be or may be prescribed.
(2)
(a)
(b)
(c)
(d)
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Contents
CHAPTER XVI : TAXES ON MOTOR VEHICLES ................................................................................ 333 282. 283. 284. 285. 286. 287. 288. 289. 290. 291. 292. 293. 294. Taxing officers._ ....................................................................................................................... 333 Imposition of Tax._ .................................................................................................................. 334 Liability for non-payment of tax in time._ .......................................................................... 336 Refund of tax._ ......................................................................................................................... 337 Declaration by person keeping a motor vehicle for use._ ............................................... 338 Search and seizure of vehicle for non-payment of tax._ ................................................. 339 Rebate on tax._ ........................................................................................................................ 342 Suspension of the certificate of registration._ ................................................................... 343 Recovery of tax._ ..................................................................................................................... 344 Compounding of offences under this chapter._ ................................................................. 344 Levying of road-user charges._ ............................................................................................. 345 Power of Government to exempt from the payment of tax or road-user charges._ . 348 Power to make rules or regulations._ .................................................................................. 348
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -XVI
Existing Law and its provisions THE MOTOR VEHICLES TAX ACT, 1932 (ACT 1 OF 1932)
Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of
An Act to provide for the imposition and levy of a tax on motor vehicles in Bangladesh. WHEREAS it is expedient to raise funds for additional expenditure on roads in Bangladesh and for that purpose to impose a tax on motor vehicles in Bangladesh; 2 [ * * *] It is hereby enacted as follows:1. Short title, commencement and extent (1) This Act may be called the [ * * *] Motor Vehicles Tax Act, 1932. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint. (3) It extends to the whole of Bangladesh. 2. Definitions In this Act, unless there is anything repugnant in the subject or context,(1) "certificate of registration" means a certificate of registration of a motor vehicle issued under the Motor Vehicles Act, 1939; (2) "registering authority" means the authority empowered under the Motor Vehicles Act, 1939, to register motor vehicles; (3) "motor vehicle" includes a vehicle, carriage or other means of conveyance propelled or which may be propelled, on a road by electrical or mechanical power either entirely or partially; (4) "prescribed" means prescribed by rules made under this Act; (5) "the tax" means the tax imposed under this Act; and (6) "Taxing Officer" means an officer appointed under section 3. 3. Appointment of Taxing officers The Government may, by notification in the official Gazette, appoint such persons or agency as it thinks fit to be Taxing Officers and may in such notification specify the areas within which such officers shall exercise the powers conferred and perform the
3
CHAPTER XVI : TAXES ON MOTOR VEHICLES
Covered under introduction of this Act
Covered under Chapter 1 of this Act
Covered under Chapter 2 of this Act
282. Taxing officers._ (1) The Authority, or such other person or persons or body of persons or agency, as may be appointed by the Authority, by notification in the official Gazette, shall be the Taxing officer for the purposes of this Act or any rules or regulations made
Modified
16-333
duties imposed on them by or under this Act. there under. (2) The Taxing Officers appointed by notification under sub-section (1), shall exercise the powers conferred, and perform the functions entrusted on them, by or under this Act, or by the Government or by the Authority, within such areas, as may be specified in the notification issued under sub-section (1). Any person, who fails to exhibit any token or card or label or certificate issued in the manner prescribed, or specified by the Taxing Officer, in respect of any tax paid under this Chapter, shall be guilty of an offence. Modified
(3)
4. Imposition of Tax (1) A tax at the rate specified in the First Schedule shall be imposed on all motor vehicles kept for use in Bangladesh. 4 [ (1a) A person who keeps a motor vehicle of which the certificate of registration is current shall for the purposes of this Act be deemed to keep such vehicle for use.] (2) The tax imposed under sub-section (1) shall be payable for the year and in advance by the person who keeps a motor vehicle for use: Provided that a Taxing Officer may allow payment of the tax for one or more quarterly periods at the rate, for each such quarterly period of one quarter of the tax payable for the year. (3) If a Taxing Officer is satisfied that a motor vehicle has not been used for any complete calendar month in the year, he shall refund or remit in respect of the said vehicle one-twelfth of the tax payable for the year for every complete calendar month for which the said vehicle has not been used. (4) If any person fails to deliver a declaration or additional declaration in accordance with the provisions of section 6 the Taxing Officer may, after making such inquiry as he thinks fit, and after giving an opportunity to such person to be heard, if he so desires, require him to pay any tax or additional tax which the Taxing Officer may find such person liable to pay under the provisions of this Act and may also impose on him a penalty which may extend to half the amount of the tax to which he is found liable.
283. Imposition of Tax._ (1) A tax at the rate, as may be prescribed from time to time, shall be payable in respect of every Authorization certificate, every registration (includes the transfer of ownership) of a motor vehicle, and a motor vehicle used or kept for use on any road or in any public place in Bangladesh. There may be prescribed different rates of taxes for different classes, categories or descriptions of vehicles or for vehicles used for different purposes. A person, who keeps a motor vehicle of which the Authorization certificate, the trade certificate or the certificate of registration is current, shall for the purposes of this Act be deemed to keep such vehicle for use, and shall be liable for the payment of tax prescribed for such vehicle, from the day one of the issue of Authorization certificate, the acquisition of the vehicle or the issue of the trade certificate or the issue of its first registration under this Act, as may be prescribed or determined by the Taxing Officer. Every person who owns any motor vehicle which is let for hire, otherwise than on a hire-purchase agreement, shall, for the purposes of this Act, be deemed to be the person who keeps such vehicle for use. The tax prescribed under sub-section (1), shall be payable in advanceby the person who intends to take out a Authorization certificate for keeping a vehicle; by the owner who intends to register (includes the transfer of ownership) a vehicle; or by the person, who keeps a motor
(2)
(3)
(4)
(5) (a)
(b)
(c)
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vehicle for use. (6) The tax prescribed for the Authorization certificate or for the registration (includes the transfer of ownership) of the vehicle, shall be payable, with the application for such Authorization certificate or registration or transfer of ownership; and for keeping or using a vehicle, on annual basis, starting from the date of acquisition or registration of the vehicle, within such period not exceeding thirty days, as may be prescribed or determined by the Taxing Officer: Provided that in the case of a transport vehicle, the tax prescribed for the year may be paid on bi-annual basis: Provided further that if so opted by a taxpayer, tax inrespect of a motor vehicle may be levied once for all or for any number of years at a time, at such rate as may be prescribed; and if the tax is levied from a vehicle once for all, such vehicle shall not be liable to pay tax under this section during its life time: Provided further that in the case of a motor cycle, the tax shall however, be paid lump sum once for all at the rate and time as may be prescribed, and there after no tax shall be levied on any such motor cycle: Provided further that where tax for any period, annual or bi-annual, as the case may be, in respect of a motor vehicle has been paid, tax for the said motor vehicle, in respect of any subsequent period, may be paid within thirty days from the date on which such subsequent period becomes payable. (7) In case of any force majeure, the Government may, if it considers necessary so to do, by order, published in the official Gazette, exempt from payment of tax, or may condone the delay in payment of the tax, and specify the period within which the tax of any vehicle registered and kept in the area, mentioned in the order, shall become payable. Nothing in this section shall operate, so as to render lawful, keeping of a vehicle for any period, in any manner, or at any place, if to do so would be unlawful by virtue of any other provisions of this Act. A person shall not be liable to pay tax under this Act in respect of a vehiclefor any period, for which tax under this Act in respect of the vehicle has been
(8)
(9)
(a)
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paid, and consequence of the surrender of the Authorization certificate or the registration certificate, has not been repaid; and (b) for any calendar month in respect of which he has, in accordance with the rules or regulations prescribed, given notice to the Taxing Officer that the vehicle will not be used or kept on a public road for use, during that month.
(10) Any person, who keeps or uses or allows for use, or drives any motor vehicle, without paying the tax prescribed for such vehicle, within stipulated time, shall be guilty of an offence. 284. Liability for non-payment of tax in time._ (1) If the tax payable under section 283 has not been paid within the period prescribed or fixed by the Taxing Officer under sub-section (3), or specified under sub-section (6) of section 283, as the case may be, the person liable to pay such tax, shall have to pay, in addition to the tax payable for the period for which it is due, a fine equal to the sum prescribed for every day of the delay period, subject to a maximum of forty percent of the tax payable for one year, and in the event of a persons failure to pay tax for more than one year but not more than two years, such person shall have to pay, in addition to the tax payable, a fine as aforesaid for every day, subject to a maximum of eighty percent of the tax payable for one year: Provided that where the period of unpaid tax exceeds two years, a fine equal to one and a half times of the unpaid tax shall have to be paid by the person liable to pay such tax: Provided further that if, at any time, it is proved to the satisfaction of the Taxing Officer that, non-payment of the tax for any period, was intentional, to evade payment of tax, under this Act, a fine equal to three times of the unpaid tax, shall have to be paid, by the person liable to pay such tax. (2) No person shall be liable to pay tax in respect of any motor vehicle for the period for which the tax payable under this Act has already been paid by some other person. If the tax payable, in respect of any vehicle remains unpaid, by the person liable for the payment thereof and such Inserted new
(3)
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person before paying the tax transfers the ownership of such vehicle or ceases to be in possession or control of such vehicle, the person to whom the ownership of the vehicle has been transferred or the person who is in possession of such vehicle, shall be liable to pay the said tax : Provided that nothing contained in this sub-section shall be deemed to affect the liability to pay the said tax on the person who has transferred the ownership or has ceased to be in possession or control of such vehicle. (4) Notwithstanding anything contained in any other provisions of this Act, if the tax due in respect of a transport vehicle is not paid within the period determined by the Taxing Officer, or specified under sub-section (6) of section 283, the operators Authorization certificate or the permit or franchise certificate of such transport vehicle, as the case may be, shall be invalid from the date of expiry of the period prescribed or determined by the Taxing Officer or specified under subsection (6) of said section 283, till the tax is actually paid. Any person liable to pay tax under this Act, shall not use or allow the use of any motor vehicle, where he has reason to believe that the tax due in respect of the vehicle has not been paid, and the tax token or the tax receipt of the vehicle have been forged, tampered or fraudulently obtained. Any person, who contravenes this section, shall be guilty of an offence. Modified
(5)
(6) 5. Refund on surrender of registration certificate When any person has paid the tax in respect of a motor vehicle he shall be entitled, on production of a certificate signed by the registering authority stating that(a) the certificate of registration and the registration card granted in respect of such vehicle has been surrendered, to a refund for each complete calendar month of the period for which such tax has been paid and which is unexpired on the date on which the certificate of registration was surrendered, of an amount equal to one-twelfth of the tax payable for the year in respect of such vehicle, or (b) an application for the registration or for the renewal of the registration of such vehicle has been refused, to a refund of the tax paid.
285. Refund of tax._ (1) If a Taxing Officer is satisfied that a motor vehicle has not been used for any complete calendar month in the year, he shall, in the prescribed manner, refund or remit in respect of the said vehicle onetwelfth of the tax payable for the year, for every complete calendar month, for which the said vehicle has not been used. When any person has paid the tax in respect of a motor vehicle, he shall be entitled, on production of a certificate signed by the registering authority stating thatthe application for the Authorization certificate, or for the registration or renewal of the registration, or for the transfer of ownership of such vehicle has been refused, to a refund of the tax paid;
(2)
(a)
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or (b) the certificate of registration and the registration card, granted in respect of such vehicle has been surrendered, to a refund for each complete calendar month of the period for which such tax has been paid, and which is unexpired on the date on which the certificate of registration was surrendered, of an amount equal to one-twelfth of the tax payable for the year, for every complete calendar month, for which the said vehicle has not been used. Any person, who claims to be entitled to a refund or remission of tax payable under this Act shall, within such time as may be prescribed, make to the Taxing Officer, an application in this behalf in writing, which shall be accompanied by such documents and evidence, as may be prescribed. No proceedings shall be brought for enforcing any repayment of tax, to which a person may be entitled, in respect of any over-payment of tax, made on a vehicle licence taken out by him, unless the proceedings are brought within twelve months, beginning with the expiration of the period, for which the licence was taken out. Modified
(3)
(4)
6. Declaration by person keeping a motor vehicle for use (1) Every person who keeps a motor vehicle for use shall fill up and sign a declaration in the prescribed form stating truly the prescribed particulars and shall deliver the declaration as so filled up and signed to the Taxing Officer and shall pay to the Taxing Officer the Tax which he appears by such declaration to be liable to pay in respect of such vehicle. (2) Where a motor vehicle is altered so as to render the person who keeps such vehicle for use liable to the payment of an additional tax under section 7, such person shall fill up and sign an additional declaration, in the prescribed form showing the nature of the alterations made and containing the prescribed particulars and shall deliver such additional declaration as so filled up and signed to the Taxing Officer and shall pay to the Taxing Officer the additional tax payable under section 7 which he appears by such additional declaration to be liable to pay in respect of such vehicle. (3) Every person who owns any motor vehicle which is let for hire otherwise
286. Declaration by person keeping a motor vehicle for use._ (1) Every person who keeps a motor vehicle for use shall, state truly the prescribed particulars, information and shall deliver to the Taxing Officer prescribed declaration, and pay the tax and the additional tax which he appears by such declaration to be liable in respect of such vehicle. If any person fails to deliver a declaration in accordance with the provisions of this section, the Taxing Officer may, after making such inquiry as he thinks fit, and after giving an opportunity to such person to be heard, if he so desires, require him to pay any tax or additional tax which the Taxing Officer may find such person liable to pay under the provisions of this Act, and may also impose on him a penalty, which may extend to half the amount of the tax to which he is found liable. Any person, who gives incorrect particulars or information in relation to any matter, affecting the amount of tax payable, or submits a false or incorrect declaration under this section, or who otherwise without reasonable cause or
(2)
(3)
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than on a hire-purchase agreement shall, for the purposes of this Act, be deemed to be the person who keeps such vehicle for use. 7. Payment of additional tax Where any motor vehicle in respect of which the tax has been paid is altered in such a manner as to cause the vehicle to become a vehicle in respect of which a higher rate of tax is payable, the person who keeps such vehicle for use shall be liable to pay an additional tax of a sum which is equal to the difference between the tax already paid in respect of such vehicle and the tax which is payable in respect of such vehicle after its being so altered, and the registering authority shall not grant a fresh certificate of registration or renew any certificate of registration in respect of such vehicle as so altered until such amount of tax has been paid. 8. Receipt for tax The Taxing Officer shall grant and deliver to every person, who pays to him the tax or additional tax in respect of any motor vehicle, a receipt in which shall be specified the particulars of the tax paid and such other particulars as may be prescribed. 9. Token to be exhibited on motor vehicles (1) The Taxing Officer shall at the time of granting a receipt for the tax deliver to the person paying the tax a token of such form and containing such particulars as may be prescribed. (2) Every person to whom such token is delivered shall cause it to be exhibited in the prescribed manner on the vehicle in respect of which the tax is paid. 287. Search and seizure of vehicle for nonpayment of tax._ (1) Any Police Officer in uniform not below the rank of a Sub-Inspector or Sergeant or any road transport officer not below the rank of Inspector of Motor Vehicles, or such other officers or person or agent, as may be authorized by the Government or by the Authority may, require the driver of any motor vehicle to stop the motor vehicle and cause it to remain stationary for the purpose of satisfying himself that tax in respect of such vehicle has been duly paid. Any officer or agent authorized under sub-section (1) may, enter any premises or place or property without a search warrant, to inspect any motor vehicle, to excuse contravenes this section, shall be guilty of an offence.
To be deleted since the necessary provisions have been accomodated in other sections
To be deleted since the necessary provisions have been accomodated in other sections To be deleted since the necessary provisions have been accomodated in other sections
Inserted new
(2)
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verify whether tax has been paid for such vehicle. (3) Notwithstanding anything contained elsewhere in this Act, any officer or agent authorized under sub-section (1) may, seize and detain any motor vehicle in respect of which tax is due, until the person liable to pay the tax, within seven days of such detention satisfies the Taxing Officer having jurisdiction that the tax has actually been paid; or paid to the Taxing Officer having jurisdiction, the tax due together with the fine or penalty to be paid for nonpayment of tax under this Act or any rules or regulations made thereunder. If any tax payable in respect of any vehicle remains unpaid for more than three months, commencing from the date of acquisition, or expiry of the Authorization certificate or the registration certificate, or the tax token last in force for the vehicle, the Taxing Officer may, issue a warrant in the prescribed form, directing the officer or person or agency named therein, to seize the vehicle and recover the tax due from the proceeds of the sale of the vehicle. The person to whom any warrant is endorsed under sub-section (4) may, break open in the daytime, any house or building for the purpose of the seizure of the vehicle in pursuance of such warrant. Upon seizure of a motor vehicle under sub-section (3) or (4), the officer or agent, who seized the motor vehicle, shall issue a notice to the owner, through the driver of the motor vehicle, and where the driver is not present, the notice shall however, be issued, by registered post with acknowledgement due, or by email, sent to the owner of the motor vehicle, calling upon him to make payment of due tax, to the Taxing Officer having jurisdiction, within a period of thirty days from the date of such seizure, and to produce before him, the documents or valid tax token or receipt showing the payment of tax in respect of the vehicle seized: Provided that a copy of the notice shall be sent to the Taxing Officer having jurisdiction in respect of payment of tax, which shall, upon receipt of the report, proceed in accordance with the provisions of this section. (7) Whenever a motor vehicle is seized
(a)
(b)
(4)
(5)
(6)
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under sub-section (3) or (4), a seizure list shall be prepared by the officer or the agent who seizes the motor vehicle in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) and the vehicle seized shall be kept under the safe custody of any police station or any other Government place or under the custody of any private custodian, the cost for which, as may be determined by the Taxing Officer having jurisdiction, shall be borne by the person liable for payment of the tax. (8) Whenever a motor vehicle, seized under this Act, contains any perishable or nonperishable commodities, and the owner of the motor vehicle does not take back the motor vehicle, after making payment for the dues, within such period, as may be allowed to him, by the officer or agent acting under this section, such commodities shall be sold in public auction or otherwise disposed of by the Taxing Officer within whose jurisdiction the vehicle has been seized and detained under this section, after publicity in the locality and nearby markets. On the expiry of the period of thirty days of detention, if no one turns up claiming the ownership, or if, the person liable to pay tax, within a further period of thirty days, fails to pay to the Taxing Officer having jurisdiction, double the amount of the total tax due, including the fine payable under section 284, in respect of the vehicle seized and detained, and the administrative cost, equal to ten percent of the tax due, such vehicle may, subject to the provisions of this Act, be sold in auction: Provided that the terms and conditions in respect of auction of a motor vehicle under this section shall be specified by order, made in this behalf, by the Government or by the Authority: Provided further that if the owner or the person liable to pay the tax of the said motor vehicle, makes payment of the aforesaid amount on or before the date of auction, no further action will be taken under the provisions of this Act. (10) The sale of the vehicle seized and detained may be effected by the Taxing Officer having jurisdiction in respect of payment of tax, or by the Taxing Officer within whose jurisdiction the vehicle has been seized and detained under this section or by any other officer or agent authorized by the Government, and the
(9)
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balance of proceeds of sale, if any, after deduction of the tax due including the fine, the additional tax, if any, and the cost incidental, shall be paid to the owner or to the other financier, if any or otherwise, if unclaimed by the owner within a period of twelve months, shall be paid into the Revenue Fund specified under section 18, or disposed of in the manner, as may be specified by order, made in this behalf, by the Government or by the Authority: Provided that the balance of the unpaid tax or any other dues by the Government, if any, shall however, be recoverable from the owner of the motor vehicle as if it is a public demand under the Public Demand . . . . . Act, . . . . (Act No . . . .of . .) (11) No Court shall release a motor vehicle seized under this Act, unless the person in whose favour the motor vehicle is released furnishes a bank guarantee equivalent to double the total amount of tax due including the additional tax, and the amount of fine for nonpayment of such tax, and also an undertaking to make payment of the same within thirty days from the date of seizure and detention of the motor vehicle. (12) When a motor vehicle has been sold in auction under this section, such vehicle shall be free and discharged from any trust, obligation, mortgage charge, lien and all other encumbrances affecting it, and any attachment, injunction, decree or order of any Court or other authority restricting the use of such motor vehicle in any manner or appointing any receiver in respect of the motor vehicle shall be deemed to have been withdrawn. (13) Any person, who willfully fails to stop a motor vehicle when required to do so under sub-section (1), or obstructs an officer acting under sub-section (2) or (5), in the discharge of his duties, shall be guilty of an offence. 288. Rebate on tax._ (1) Subject to such conditions and the rates, as may be prescribed, a rebate on all or any part of the tax payable for a vehicle may be allowed, for payment of the tax within first thirty days for which it is due. There may be prescribed different rates of rebate or the methods for determining the amount of the rebate for vehicles of different classes, categories or Inserted new
(2)
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descriptions of vehicles or for vehicles used for different purposes. 10. [Omitted] [Omitted by 1st Schedule of East Pakistan Repealing and Amending Ordinance, 1962 (Ordinance No. XIII of 1962).] 11. [Omitted] [Omitted by Schedule IV of the Government of India (Adaptation of Indian Laws) Order, 1937.] 13. Penalties for certain offences Whoever(a) Keeps for use a motor vehicle without having paid the tax or additional tax in respect of such vehicle, or (b) delivers a declaration or additional declaration wherein the particulars required by or under this Act to be therein set forth are not fully and truly stated, shall be punishable with fine which may extend to one and a-half times, and, in the event of such person having been previously convicted of an offence under this Act or any rule made thereunder, with fine which any extend to twice the amount of the tax payable for the year for the motor vehicle in respect of which the offence is committed and the amount of any tax due shall also be recovered as if it were a fine. 13A. Suspension of the certificate of registration If a Taxing Officer is satisfied that in respect of any motor vehicle(a) a declaration or additional declaration has not been delivered in accordance with the provisions of the section 6, within one month of the date on which such declaration or additional declaration was due, or (b) any tax or additional tax payable under this Act has not been paid within one month of the date on which such tax was payable, or (c) any penalty imposed under subsection (4) of section 4 has not been paid within one month of the date on which such penalty was imposed; he may, notwithstanding anything contained in the Motor Vehicles Act, 1939, or any rules made thereunder, declare the certificate of registration of such motor vehicle to be suspended and such certificate shall thereupon be deemed to be suspended until the whole amount of tax and penalty, if any, due in respect of such motor vehicle 289. Suspension of the certificate of registration._ If a Taxing Officer is satisfied, in respect of any motor vehicle, that(a) any tax or additional tax payable under this Act has not been paid within the date on which such tax was payable, or the declaration under section 289 has not been delivered in accordance to the requirement and/or within the time such declaration was due; or any penalty imposed under sub-section (2) of section 289 has not been paid within the date on which such penalty was payable; he may, notwithstanding anything contained elsewhere in this Act or any rules or regulations made thereunder or in any other law for the time being in force, declare the certificate of registration of such motor vehicle to be suspended and such certificate shall thereupon be deemed to be suspended until the whole amount of tax and penalty, if any, due in respect of such To be deleted since the provisions considered necessary has been accomodated in other sections
Modified
(b)
(c)
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has been paid.] motor vehicle has been paid. 290. Recovery of tax._ (1) Any tax, penalty or fine due in respect of a motor vehicle under this Chapter, may be recovered in the same manner as arrear land revenue. Notwithstanding the provisions contained in this Act or in any other law for the time being in force, any tax unpaid under this Act, may be sued for, by issuing a specially endorsed notice (summons), with a certificate signed by the Taxing Officer, giving the name and address of the defendant, and the amount of tax due from him, in respect of any vehicle kept by him, shall be sufficient evidence of the amount due, and sufficient authority for the court to give judgment for that amount. Where a person is convicted of an offence under this Act, the court before which such person is convicted may, in addition to the punishment prescribed for the offence, order him to pay the amount of any taxes unpaid, as may be certified by the Taxing Officer, to be due and payable under section 286 or 289 by such person on the date of his conviction. Necessary provisions incorporated in other section Inserted new
(2)
(3)
14. Other penalties Whoever contravenes any of the provisions of this Act or of any rule made thereunder shall, if no other penalty is elsewhere provided in this Act for such contravention, be punishable with fine which may extend to one hundred Taka, and, in the event of such person having been previously convicted of an offence under this Act or any rule made thereunder, with fine which may extend to two hundred Taka. 291. Compounding of offences under this chapter._ (1) Any offence punishable under this Chapter, may, either before or after the institution of the prosecution, be compounded by the Taxing Officer, or such other officer or authority or agent, as may be authorized by the Government or by the Authority by notification in the official Gazette, and the cases may be disposed of in the manner and on the conditions, as may be prescribed, by collecting from the person reasonably suspected of having committed the offence, a sum not less than the fine specified for the offence and the tax or fee due, if any.
Inserted new
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(2) Where an offence has been compounded under this section, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence. Where any offence is compounded, pursuant to sub-section (1), the Taxing Officer or other officer acting under this section, shall send particulars of such offence, to the Authority or other prescribed authority in the prescribed manner. Inserted new
(3)
15. Trial of offences No court inferior to that of a Magistrate of the second class shall try any offence punishable under this Act.
292. Levying of road-user charges._ (1) (a) In this section "authorised officer" means the taxing officer, any road transport officer, or any other officer or authority or person, or agency who is duly authorised by the Government or by the Authority, to carry out any particular function or to exercise any particular power under this section; "prescribed hours" means such hours as the Government or the Authority may prescribe, or the authorized officer may fix, for the levying of a road-user charge in respect of any specified road; "road-user charge" means the charge payable for riding, driving or moving or using a motor vehicle or any other vehicle on a specified road during the prescribed hours; or "specified road" means any road or a part thereof as may be prescribed in the rules or regulations made under this section or as may be specified by the Government or by the Authority or by the authorized officer having jurisdiction over the area. The Government or the Authority may prescribe road-user charges to be paid in connection with the use of any specified road. All road-user charges collected under this section shall be paid into the Revenue Fund specified under section 19. The Government or the Authority may, cause to be installed on any road, in respect of which a road-user charge is levied under this section, such electronic or computerised or other facilities as it thinks fit, for the purpose of collecting the road-user charge and may also cause to be installed such ancillary facilities, as the Government or the Authority thinks necessary. The Government or the Authority may
(b)
(c)
(d)
(2)
(3)
(4)
(5)
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make rules or regulations for the purposes of carrying this section into effect; and without prejudice to the generality of the foregoing power, such rules or regulations may, in particular, provide for(a) the specifying of the roads in respect of which, and the days and hours during which, a road-user charge shall be levied; the amount of road-user charge to be levied in respect of any specified road and for this purpose, road-user charges of different amounts may be prescribed in respect ofdifferent specified roads or parts thereof; different hours of the day or different days of the week; and different classes, categories descriptions of vehicles; or
(b)
(i) (ii) (iii) (c)
the manner in which road-user charges shall be levied and collected, including the use of electronic or computerised or other facilities therefor, and for this purpose, the rules or the regulations made, mayrequire all vehicles (whether registered in Bangladesh or elsewhere) to be installed with such devices and appurtenances and in such manner as may be prescribed before they may be ridden, driven or moved or used on a specified road, during the prescribed hours; prohibit the sale, supply, installation, repair or maintenance of any device or appurtenance prescribed under subclause (i), by any person not authorised by the Government or by the Authority to do so; specify the conditions under which any device or appurtenance prescribed under sub-clause (i), may be removed from one vehicle and installed in another or transferred from one person to another; and prescribe the records to be kept by the registering authority, or by the authorized officer in connection with this section, and regulating the disclosure by the registering authority or by the authorized officer, of any information in such records. Where a person is convicted of an offence committed under this section, or under any rules or regulations prescribed under this section, the court before which such person is convicted may, in addition to the punishment prescribed for the
(i)
(ii)
(iii)
(d)
(6)
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offence, order him to pay the amount of road-user charge, as may be certified by the authorized officer having jurisdiction over the area, or by the registering authority in that behalf, to be due from such person, on the date of such conviction, and such amount may be recovered, according to the law for the time being in force, for the recovery of fines, if any. (7) The registering authority, or the authorized officer having jurisdiction over the area may, by notice in writing, require the owner of any vehicle, in which any device or appurtenance has been installed for the purpose of this section, to produce the vehicle before itself, or any other authorized officer or person, at such time and place as the registering authority, or the authorized officer may appoint, in order that the device or the appurtenance may be inspected and tested for proper functioning. The registering authority, or the authorized officer or the inspecting officer or authority may, cause to remove from a vehicle which has been produced for inspection, pursuant to sub-section (7), any device or appurtenance which has been installed therein for the purpose of this section, if the registering authority or the authorized officer or the inspecting officer or authority is satisfied, that the device or appurtenance cannot be properly inspected or tested without being so removed. If, upon inspecting any such device or appurtenance, the registering authority or the authorized officer is satisfied that there is or has been any contravention of any of the provisions of this section or the rules or regulations made under subsection (5) concerning the device or appurtenance, the registering authority or the authorized officer may cause to remove the device or appurtenance from the vehicle and dispose of it in such manner as it or he thinks fit.
(8)
(9)
(10) Any person, who fails to comply with a notice issued under sub-section (7), shall be guilty of an offence. (11) Where a person, on whom a notice is served under sub-section (7), fails to comply with the notice, the registering authority or an authorised officer may seize and detain the vehicle in order to carry out any inspection or test under sub-section (7). (12) Where any vehicle is seized and detained under sub-section (11), the
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registering authority or the authorized officer shall, immediately inform the owner of the vehicle in writing of the seizure and detention, and if the vehicle is not claimed by its owner within three months of the date of its seizure, the provisions under section 287 relating to the sale and disposal of a seized vehicle shall thereupon apply. (13) The proceeds, if any, from the sale or disposal of the vehicle under sub-section (12), shall be applied in payment of any road-user charges, which may be due in respect of the vehicle, and of any charges incurred in carrying out the provisions of this section, and the surplus, if any, shall be paid into the Revenue Fund, if unclaimed by the owner within a period of twelve months. 16. Power of Government to exempt certain Motor Vehicles from the tax The Government may, by notification in the official Gazette, exempt either totally or partially any motor vehicle or class of motor vehicle from the tax. 293. Power of Government to exempt from the payment of tax or road-user charges._ The Government or the Authority may, if it thinks it necessary and expedient, so to do, in the public interest, exempt, either totally or partially, any motor vehicle or class of motor vehicles, or persons or class of persons from the payment of any tax, additional tax or any road-user charges or any fine imposed on such motor vehicle for non-payment of tax or road-user charges under this Act or any rules or regulations made there under. Modified
17. [Repealed] [Repealed by section 3 and the Second Schedule of Bengal Repealing and Amending Act, 1946 (Act No. XVI of 1946).] 12. Power to make rules (1) The Government may, subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the Government may make rules for all or any of the following purposes, namely:(a) to prescribe the form of any declaration, certificate, receipt or token, the particulars to be stated therein the manner of exhibiting a certificate or token on a motor vehicle or trailer, and the condition in which such certificate or token shall be maintained, (b) to prescribe what shall be deemed to be a year or a quarterly period for the purposes of section 4, (c) to prescribe the powers and duties of 294. Power to make rules or regulations._ (1) The Government or the Authority may make regulations for the purpose of carrying into effect or to supplement the provisions of this Chapter. Without prejudice to the generally of the foregoing power, such regulations may provide for the forms to be used for declaration, certificate, receipt or token or for other purposes of this Chapter; the particulars and information these shall contain and the manner of filling up and submission thereof; the documents, particulars, information and evidence to accompany applications, declaration under this chapter, and the procedures and the requirements to be complied with, the period within which Modified
(2)
(a)
(b)
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the Taxing Officer and the registering authority, (d) to regulate the manner in which refunds or deductions or exemptions may be claimed, and (e) to regulate the method of assessing and recovering the tax. (3) All rules made under this section shall be published in the official Gazette. these may be submitted and disposed off; (c) the registers and records to be maintained for the purposes of this Chapter, the particulars and information these shall contain, and the manner how they shall be maintained including the use of electronic, computerized or other facilities; the communication between registering authorities or other authorities or officers of particulars of Authorization certificate or certificate of registration or token, and by owners of vehicles registered outside Bangladesh of particulars of such vehicles and of their registration; the issue of the token or the certificates lost, destroyed or mutilated; the manner of exhibiting a certificate or token on a motor vehicle or trailer, and the condition in which such certificate or token shall be maintained; the annual and bi-annual period of tax for the purpose of payment of taxes; the appointment, power, functions and jurisdiction of the taxing officer and other prescribed officer or authority; the information and the particulars to be furnished by the seller and buyer of vehicles; the manner in which refunds or deductions or exemptions may be claimed; the refund or forfeiture of tax; the method of assessing, levy and collection of tax and recovering the arrear tax; the manner in which the tax may be collected including the use of electronic, computerized or other facilities; the class and type of vehicle and trailer for taxation purposes; the out sourcing of vehicle tax related functions; the surrender of registration, refund of tax and related matters; the submission, conduct and hearing of appeals, the period within which appeal may be preferred and disposed off under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees; the production of Authorization certificate, certificates of registration, token or any other certificate, before the taxing officer or other authority or officer,
(d)
(e) (f)
(g) (h)
(i)
(j)
(k) (l)
(m)
(n) (o) (p) (q)
(r)
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for examination of entries, particulars therein; (s) the exemption of prescribed persons or prescribed classes of persons or vehicles from payment of all or any portion of the tax payable under this Chapter and the conditions governing such exemptions; any other matter which is to be or may be prescribed.
(t) Throughout this Act, except otherwise provided, the words `Bangladesh`, `Government` and `Taka` were substituted, for the words `East Pakistan`, `Provincial Government` and `rupees` respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). 2 Second paragraph of the preamble was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973). 3 The word `Bengal` was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973) 4 Sub-section (1a) was inserted by section 3(2) of the Bengal Motor Vehicles Tax (Amendment) Act, 1932 (Act No. XIII of 1932) 5 Section 13A was inserted by section 9 of the Bengal Motor Vehicles Tax (Amendment) Act, 1932 (Act No. XIII of 1932) Copyright 2008, Ministry of Law, Justice and Parliamentary Affairs
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Contents
CHAPTER XVII : ANTI AUTO-CRIME MEASURES................................................................... 351 295. 296. 297. 298. 299. 300. 301. 302. 303. 304. 305. 306. 307. 308. 309. Unauthorized use of a vehicle._ .................................................................................... 351 Taking hold of a vehicle in motion._ ............................................................................ 351 Receiving or disposing of a vehicle or its parts._ ...................................................... 352 Damaging or tampering or unauthorised interference with a vehicle._ ............... 352 Stolen, converted, recovered, and unclaimed vehicles._ ........................................ 353 False report of theft or conversion._ ............................................................................ 354 Use of false or unauthorised vehicle identification number or registration plate._ . .............................................................................................................................................. 354 Evidence of Criminal intent or knowledge._ ............................................................... 355 Principals._ ......................................................................................................................... 356 Seizure and disposition of stolen vehicles and parts of vehicles._ ........................ 356 Forgery of documents._ .................................................................................................. 356 Issue of false documents._ ............................................................................................ 356 False statement or declaration._ .................................................................................. 357 Impersonation._ ............................................................................................................... 357 Power to make regulations._ ......................................................................................... 358
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -XVII
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER I PRELIMINARY 156. Taking authority vehicle without Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER XVII : ANTI AUTO-CRIME MEASURES 295. Unauthorized use of a vehicle._ (1) Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which 157 [ three months] or may extend to 158 with fine which may extend to [ two thousand] Taka, or with both. A person not entitled to possession of a vehicle, who, without the consent of the owner or other lawful authority, and with intent to deprive the owner, temporarily or otherwise, of the vehicle or its possession, takes, uses or drives the vehicle, shall be guilty of an offence. Any person who, unlawfully by force or threat of force or by any other form of intimidation, seizes or exercises control of a motor vehicle, shall be guilty of an offence Any person who attempts to commit any of the acts referred to in sub-section (1), or sub-section (2), in relation to any motor vehicle, or abets the commission of any such act, shall also be deemed to have committed an offence under sub-section (1) or, as the case may be, sub-section (2). No person shall be convicted under this section, if the Court is satisfied, that such person 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 therefor. If on the trial of any person for the theft of a motor vehicle, the court is of opinion that the accused was not guilty of theft, but was guilty of an offence under this section, the court may convict the accused under this section. Any police officer in uniform may arrest without warrant, any person reasonably suspected by him of having committed, or of attempting to commit an offence under this section. Inserted new Remarks Proposed a new law to replace the MVO 1983 Inserted new Inserted new
(2)
(3)
(4)
(5)
(6)
296. Taking hold of a vehicle in motion._ (1) Any person, who otherwise than with lawful authority or reasonable cause, takes or retains hold of or gets on to a motor vehicle or trailer while it is in motion on any road for the purpose of his being drawn or carried, he shall be guilty of an offence.
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(2) While a motor vehicle is on a road or on a parking place where the public may park motor vehicles, any person, who otherwise than with lawful authority or with reasonable cause gets on to or moves or tampers with the vehicle, he shall be guilty of an offence. Any person, who loiters in or near a road or parking place where the public may park motor vehicles for the purpose of importuning or importunes any other person in respect of the watching or cleaning of any motor vehicle during the absence of its driver, the person so loitering or importuning shall be guilty of an offence. Any police officer may arrest, without warrant any person, reasonably suspected by him of having committed, or of attempting to commit an offence under this section. Inserted new
(3)
(4)
297. Receiving or disposing of a vehicle or its parts._ (1) A person not entitled to the possession of a vehicle, who, receives, possesses, conceals, sells or disposes of it, knowing it to be stolen, converted, or taken by fraud, under circumstances constituting a crime, is guilty of an offence. A person not entitled to the possession of a motor vehicle part, who, receives, possesses, conceals, sells, or disposes of it, knowing it to be stolen, converted, or taken by fraud, under circumstances constituting a crime, is guilty of an offence if the value of the part is. . . . . . . Taka or more.
(2)
158. Unauthorised with vehicle
interference
Whoever otherwise than with lawful authority or reasonable excuse enters or mounts any stationary motor vehicle or tampers with the brake or any part of the mechanism of any part of the body, or the speed governor or the speed governor seal, or the taxi meter (fare meter), or the taxi meter seal of a motor vehicle shall be punishable with imprisonment which 160 [ three months], or may extend to 161 with fine which may extend to [ one thousand] Taka, or with both.
298. Damaging or tampering or unauthorised interference with a vehicle._ (1) A person who, with intent and without right to do so, damages a vehicle or damages or removes any of its parts or components is guilty of an offence. A person, who, without right to do so and with intent to commit a crime, tampers with a vehicle, or goes in or on it, or works or attempts to work any of its parts or components, or sets or attempts to set it in motion, or interfere with the conduct or driving of the vehicle, is guilty of an offence. Whoever, otherwise than with lawful authority or reasonable excuse, enters or mounts any stationary motor vehicle, or tampers with the brake or any part of the mechanism, or any part of the body, or the
(2)
Modified
(3)
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speed control mechanism or any seal thereof, or the taxi meter (fare meter), or the taxi meter seal of a motor vehicle shall be guilty of an offence. 299. Stolen, converted, recovered, and unclaimed vehicles._ (1) A Police officer who learns of the theft of a vehicle not since recovered, or of a vehicle whose theft or conversion such officer knows or has reason to believe has been reported to the Police Department, shall forthwith report the theft or recovery to the RT Department and the Authority. An owner or a lien holder may report the theft of a vehicle, or its conversion, if a crime, to the Police Department and the Authority, but the Department may disregard the report of a conversion unless a warrant has been issued for the arrest of a person charged with the conversion; a person who has so reported the theft or conversion of a vehicle shall, forthwith after learning of its recovery, report the recovery to the Department and the Authority. An operator of a place of business for garaging, repairing, parking or storing vehicles for the public, in which a vehicle remains unclaimed for a period of 10 days, shall, within five days after the expiration of that period, report the vehicle as unclaimed to the Police Department and the Authority; such report shall be on a form prescribed by the Authority. A vehicle left by its owner, whose name and address are known to the operator or operator's employee, is not considered unclaimed under sub-section (3); a person who fails to report a vehicle as unclaimed in accordance with sub-section (3), forfeits all claims and liens for its garaging, parking or storing and is guilty of an offence and shall be liable to pay, a penalty equivalent to one unit of penalty fixed under sub-section (2) of section 353, for each day or fraction thereof of such person's failure to report continues. The Police Department shall maintain and appropriately index cumulative public records of stolen, converted, recovered and unclaimed vehicles reported to it pursuant to this section; the Police Department may make and distribute regularly lists of such vehicles so reported to it to the Authority upon request. The Authority may suspend the registration of a vehicle whose theft or Inserted new
(2)
(3)
(4)
(5)
(6)
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conversion is reported to the Police Department pursuant to this section; until the Department learns of its recovery or that the report of its theft or conversion was erroneous, it shall not issue a certificate of title for the vehicle. 300. False report of theft or conversion._ A person who knowingly makes, or who knowingly assists, abets, or solicits the making of, a false report of the theft, destruction, damage, or conversion of a vehicle to the Police Department or the Authority is guilty of an offence; a person convicted of a violation of this section, a second or subsequent time, is guilty of an offence. 301. Use of false or unauthorised vehicle identification number or registration plate._ (1) A person who knowingly removes or falsifies any identification number is guilty of an offence: Provided that this subsection shall not apply to a motor vehicle demolisher, or motor vehicle scrap processor, who is licensed where required by law, and who routinely and in the normal course of business processes a vehicle or component part by crushing, compacting, or other similar method: Provided further that any identification number is not removed from the vehicle or component part prior to or during any such processing. (2) A person who, willfully and with intent to conceal or misrepresent the identity of a vehicle or component part, removes or falsifies any identification number is guilty of an offence. A person who buys, receives, possesses, sells, or disposes of a vehicle or component part, with knowledge that an identification number has been removed or falsified and with intent to conceal or misrepresent the identity of the vehicle or component part, is guilty of an offence. A person who removes a registration plate from a vehicle or affixes to a vehicle registration plate not authorised by law for use on it, in either case with intent to conceal or misrepresent the identity of the vehicle or its owner, is guilty of an offence. A person who knowingly possesses any identification number, plate, or label which has been removed from the original vehicle or component part, or on which the identification number has been removed Inserted new Inserted new
(3)
(4)
(5)
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or falsified, is guilty of an offence. (6) (a) For the purposes of this chapter: "Identification number" includes a vehicle identification number, identifying number, serial number, engine number, transmission number or other distinguishing number, symbol, or mark, placed on a vehicle, engine, transmission or other component part by its manufacturer or by authority of the Authority or in accordance with the laws of another country; "Symbol" means a symbol required by regulations of the Authority; "Remove" includes deface, cover, or destroy; "Falsify" includes alter and forge; "Motor vehicle demolisher" means a person, including any motor vehicle dismantler or motor vehicle recycler, who is engaged in the business of reducing motor vehicles or motor vehicle parts to metallic scrap that is unsuitable for use as either a motor vehicle or a motor vehicle part; "Motor vehicle scrap processor" means a person: who is engaged in the business of purchasing motor vehicles or motor vehicle parts for reduction to metallic scrap for recycling; who, from a fixed location, uses, machinery to process metallic scrap into prepared grades; and whose principal product is metallic scrap for recycling; but such term does not include any activity of any such person relating to the recycling of a motor vehicle or a motor vehicle part as a used motor vehicle or a used motor vehicle part. An identification number may be placed on a vehicle or component part by its manufacturer in the regular course of business or placed or restored on a vehicle or component part by the Authority without violating this section; an identification number so placed or restored is not falsified. Inserted new
(b) (c) (d) (e)
(f) (i)
(ii)
(iii)
(7)
302. Evidence of Criminal intent or knowledge._ In a prosecution for a crime specified in this Act, evidence that the defendant has committed a prior act or acts of the same kind is admissible to prove criminal intent or knowledge.
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147. Punishment for abetment of certain offences Whoever abets the commission of an offence under section 143, or 145, shall be punishable with the punishment provided for the offence. 303. Principals._ A person who, whether present or absent, aids, abets, induces, procures or causes the commission of an act which, if done directly by such person, would be a felony or a misdemeanour under a provision of this Act, is guilty of the same offence. 304. Seizure and disposition of stolen vehicles and parts of vehicles._ (1) A police officer or a road transport officer or any other officer or person authorized in this behalf by the Government or by the Authority, may, seize any vehicle or vehicle parts, which the police officer or other officer or person reasonably believes to have been stolen, or to have had any identification number removed or falsified. Upon seizure, the police officer or other officer or person acting under sub-section (1) may retain custody of a vehicle or vehicle part pending investigation and examination of a seized item. Inserted new Inserted new Modified
(2)
305. Forgery of documents._ Any person, who, with an intention to deceive, forges or fraudulently alters, tampers with, defaces, mutilates, or makes or uses or exhibits, or lends to or sells, or allows, or permits to be used by any other person, any license or registration or certificate, or permit, or card or token or label or other documents or badge or any identifying number or mark or any other thing that is required under this Act or the rules or regulations made there under or conceals or obliterates any endorsement thereon or knowingly has in his custody or possession any such documents, number or mark or other thing shall be guilty of an offence, and any license, certificate or other document or number or mark so obtained shall be of no effect or use. 306. Issue of false documents._ (1) Any person, who, while acting under this Act, or whenever required to do so by this Act, or any rules or regulations made there undermakes any entry in any book, record, register, certificate, or other document required to be issued, kept, maintained or furnished under this Act or any rules or regulations made there under, which is false or in any material respect misleading; or makes any document containing a false statement, intending that such entry, or
Inserted new
(a)
(b)
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document or statement may appear or be given to any authority or in evidence at an inquiry held under this Act or any rules or regulations made there under; or (c) issues or uses any document or certificate or test certificate or manufacturer's certificate, type approval certificate, insurance certificate and if the document or certificate so issued or used is to his knowledge false or fictitious in a material particular or material fact; shall be guilty of an offence and any license, certificate or other document or number or mark so made, issued, used or maintained, shall be of no effect or use. (2) In this section and for the purpose of section 307 the expression "material particular" or "material fact" mean, respectively a particular or fact of such a nature, this is likely to influence the judgment of a prudent court or authority. Inserted new
307. False statement or declaration._ (1) A person, who knowingly makes a false or incorrect statement or declaration or withholds any material fact or information, in the course of giving evidence at any inquiry held under this Act or under any rules or regulations made there under or for the purpose of obtaining for him/her self or for any other person any license, registration, certificate or any other document or identifying number or mark shall be guilty of an offence and any license or registration or certificate or document or number or mark so obtained by him/her shall be of no effect. A person, who in supplying information or producing documents when required under this Act or any rules or regulations made there under or when required by any authority acting under this Act, makes a statement or supply information which he knows to be false in a material particular or fact or produces or furnishes or sends or otherwise makes use of a document which he knows to be false in materials particular or material fact, shall be guilty of an offence. Whoever being a manufacturer or an assembler or an importer or a dealer in motor vehicles or parts of motor vehicle or equipment gives a false warranty or guarantee shall be guilty of an offence.
(2)
(3)
308. Impersonation._ Any person, who, with an intention to deceive, falsely represents himself to be an authorised officer or a competent
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authority under this Act or any rules or regulations made there under shall be guilty of an offence. 309. Power to make regulations._ (1) The Authority may make regulations for the purposes of carrying into effect or to supplement the provisions of this Chapter. Without prejudice to the generality of the foregoing power, the regulations under this Chapter may be made with respect to all or any of the following matters namely:the forms to be used for the purposes of this Chapter; examination and disposal of forged licence certificate and other documents, plate, marks, etc.???? Inserted new
(2)
(a) (b)
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Contents
CHAPTER XVIII : MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING BANGLADESH ...................................................................................................................................... 359 310. Power of Government to make rules._ ........................................................................ 359
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -XVIII
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER VIII MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING BANGLADESH 107. Power of Government to make rules (1) The Government may, by notification in the official Gazette, make rules for all or any of the following purposes, namely.(a) the grant and authentication of travelling passes, certificates or authorisations to persons temporarily taking motor vehicles out of Bangladesh to any place outside Bangladesh or to persons temporarily proceeding out of Bangladesh to any place out of Bangladesh and desiring to drive a motor vehicle during their absence from Bangladesh; (b) prescribing the conditions subject to which motor vehicles brought temporarily into Bangladesh from outside Bangladesh by persons intending to make a temporary stay in Bangladesh may be possessed and used in Bangladesh; and (c) Prescribing the conditions subject to which persons entering Bangladesh from any place outside Bangladesh for a temporary stay in Bangladesh may drive motor vehicles in Bangladesh. (2) No rule made under this section shall operate to confer on any person, any immunity from the payment of any tax levied on motor vehicles or their users. (3) Nothing in this Ordinance or in any 101 [ rules or regulations made thereunder] relating to(a) the registration and identification of motor vehicles, or (b) the requirements as to construction, maintenance and equipment of motor vehicles, or (c) the licensing and the qualifications of drivers and conductors of motor vehicles; shall apply to any motor vehicle to which or to any driver or any Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER XVIII : MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING BANGLADESH 310. Power of Government to make rules._ (1) (a) The Government may, make rules for all or any of the following purposes, namelyprescribing the grant and authentication of travelling passes, certificates or authorizations, to persons temporarilytaking motor vehicles out of Bangladesh, to any place outside Bangladesh; and proceeding out of Bangladesh, to any place out of Bangladesh, and desiring to drive a motor vehicle during their absence from Bangladesh; and prescribing the conditions subject to which motor vehicles brought temporarily into Bangladesh, from outside Bangladesh, by persons intending to make a temporary stay in Bangladesh, may be possessed, kept and used in Bangladesh, the period of stay; and prescribing the conditions subject to which persons entering Bangladesh, from any place outside Bangladesh, for a temporary stay in Bangladesh, may drive motor vehicles in Bangladesh; prescribing the issue of authorization in respect of a vehicle not registered under this Act that is brought into Bangladesh from any place outside Bangladesh (herein after referred to in this section as a foreign vehicle); prescribing the manner of application, the period of validity, cancellation and such other matters relating to authorization; prescribing the taxes, fees and charges payable for foreign vehicles of a specified class, category or description or for specified purposes; prescribing the collection including the use of electronic or computerised or other facilities, the keeping of records in electronic form; prescribing the use by the foreign vehicle concerned of specified points of entry into and exit from Bangladesh; prescribing the power of court and the Remarks Proposed a new law to replace the MVO 1983
Modified Modified
(i) (ii)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
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conductor of a motor vehicle to whom any rules made under clause (b) or clause (c) of sub-section (1) apply. authorised officers to prohibit the entry into or exit from Bangladesh of any foreign vehicle for non-payment of any arrear fee or tax payable under the rules in respect of that vehicle; or (j) prescribing the recovery of arrear fees and taxes and the punishment for any offences committed; or prescribing the registration and licensing of vehicles, the forms of application for and the contents of vehicle licences, the special facilities for the licensing of motor vehicles brought into Bangladesh from places outside Bangladesh; or prescibing the requirements as to construction, maintenance and equipment of motor vehicles brought into Bangladesh from places outside Bangladesh. For the purpose of facilitating and regulating the services of motor vehicles operating between Bangladesh and any other country under any reciprocal arrangement and carrying passengers or goods or both by road for hire or reward, the Government may, make rules with respect to all or any of the following matters, namely:the conditions subject to which motor vehicles carrying on such services may be brought into Bangladesh from outside Bangladesh and possessed and used in Bangladesh; the conditions subject to which motor vehicles may be taken from any place in Bangladesh to any place outside Bangladesh; the conditions subject to which persons employed as drivers and conductors, attendants or other worker of such motor vehicles may enter or leave Bangladesh; the grant and authentication of travelling passes, certificates or authorisations to persons employed as drivers and conductors, attendants or other worker of such motor vehicles; the particulars (other than registration marks) to be exhibited by such motor vehicles and the manner in which such particulars are to be exhibited; the use of trailers with such motor vehicles; the exemption of such motor vehicles and their drivers, conductors, attendants or other worker from all or any or the provisions of this Act, [other than those referred to in sub-section (4)], of the rules made thereunder;
(k)
(l)
(2)
(a)
(b)
(c)
(d)
(e)
(f) (g)
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(h) the identification of the drivers, conductors, attendants or other workers of such motor vehicles; the replacement of the travelling passes, certificates or authorisations, permits, licences or any other prescribed documents lost or defaced, on payment of such fee as may be prescribed; the exemption from the provisions of such laws as relate to customs, police or health with a view to facilitate such road transport services; and any other matter which is to be, or may be, prescribed. No rule made under this section shall operate to confer on any person any immunity from the payment of any tax levied on motor vehicles or their users. Nothing in this Act or in any rules or regulations made there under by the Government or by the Authority relating tothe registration and identification of motor vehicles, or the requirements as to construction, maintenance and equipment of motor vehicles, or the licensing and the qualifications of drivers and conductors, attendants or other workers of motor vehicles; shall apply, to any motor vehicle to which or to any driver or any conductor or other worker of a motor vehicle to whom any rules made under clause (b) to clause (l) of sub-section (1) or under sub-section (2), apply. ???
(i)
(j)
(k) (3)
(4)
(a) (b)
(c)
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Contents
CHAPTER XIX : INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS .... ..................................................................................................................................................... 362
311. 312. 313. 314. 315. 316. 317. 318. 319. 320. 321. 322. 323. 324. 325. 326. 327. 328. 329. 330. 331. 332. 333. 334. 335. 336. 337. 338. 339. 340. 341. 342. 343. 344. 345. 346. 347. Interpretations._ .......................................................................................................................... 362 Requirements of insurance against third party risks._ ........................................................ 364 Requirements of policies and limits of liability._ ................................................................... 366 Requirements in respect of securities._ .................................................................................. 369 Certain conditions to policies or securities to be of no effect._ ......................................... 369 Effect of restrictions on the scope of insurance or security against third party risks._ 370 Validity of policies of insurance issued in reciprocating countries._ ................................. 371 No fault liability._......................................................................................................................... 371 Duty of insurers or persons giving security to satisfy judgments against persons insured or secured in respect of third party risks._ ............................................................. 372 Insolvency of the insured or secured persons not to affect claims by third parties._ .. 377 Duty to give information as to insurance or security._ ....................................................... 378 Settlement between insurers and insured persons._ ........................................................... 380 Saving in respect of sections 320, 321 and 322._ ............................................................... 381 Deposits._ ..................................................................................................................................... 381 Insolvency of insured persons not to affect liability of insured or claims by third parties._ ......................................................................................................................................... 382 Effect of death on certain causes of action._ ......................................................................... 382 Applicability of this Chapter to certain claims under Bangladesh Labour Act, 2006 (Act No 42 of 2006)._ ......................................................................................................................... 382 Effect of certificate of insurance._............................................................................................ 382 Transfer of certificate of insurance._ ....................................................................................... 383 Duty to surrender certificate of insurance and certificate of security on cancellation of policy or security._ ...................................................................................................................... 384 Duty of insurer to notify registering authority cancellation or suspension of the policy or the security._ ................................................................................................................................ 385 Production of certificate of insurance or certificate of security._ ...................................... 385 Production of certificate of insurance on application for authority to use vehicle._ ...... 387 Co-operative insurance._ ........................................................................................................... 387 Duty to furnish particulars of vehicle involved in accident._ .............................................. 389 Compensation in case of hit and run motor accident._ ....................................................... 389 Compensation on structured formula basis._ ........................................................................ 391 Claims Tribunals._ ....................................................................................................................... 392 Application for compensation._................................................................................................. 392 Option regarding claims for compensation cases._ .............................................................. 393 Procedure and award by Claims Tribunal._ ............................................................................ 394 Procedure and powers of Claims Tribunal._ ........................................................................... 394 Award of compensatory costs in certain cases._ .................................................................. 395 Appeals._ ....................................................................................................................................... 396 Recovery of money due under award._ .................................................................................. 396 Bar on the jurisdiction of Civil Courts._ .................................................................................. 397 Power to make regulations._..................................................................................................... 397
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -XIX
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER IX INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS 108. Definitions In this Chapter(a) authorised insurer means an insurer in whose case the requirements of the Insurance Act, 2010 (Act 13 0f 2010) ,are complied with, and include the Government when the business of insuring motor vehicles against third party risk is carried on by it; and (b) certificate of insurance means a certificate issued by an authorised insurer in pursuance of sub section (2) of section 110; and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be; (c) property includes roads, bridges, culverts, cause ways, trees, posts and mile stones; (d) third party includes the Government. Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER XIX : INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS 311. Interpretations._ (1) (a) (b) In this Chapteraccident includes a reference to two or more causally related accidents; "authorized insurer" means an insurer, for the time being carrying on the business of insuring motor vehicles against third party risk, in Bangladesh, in whose case the requirements of the Insurance Act, 2010 (Act 13 of 2010), are complied with, and include the Government when the business of insuring motor vehicles against third party risk is carried on by it; and "certificate of insurance" means a certificate issued by an authorised insurer in pursuance of sub-section (4) of section 313; and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be; control of the owner means, in relation to the vehicle, that is being driven by the owner or by a personal attendant of the owner, in course of his employment or is otherwise subject to the control of the owner; "grievous injury" means an injury to any person which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or permanent disablement, or protracted loss or impairment of the function of any bodily member or organ; "hit and run motor accident" means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose; hospital means an institution, (not being an institution carried on for profit) which provides medical or surgical treatment to in-patients and out-patients; Remarks Proposed a new law to replace the MVO 1983
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(h) Insurance Regulatory Authority means the Insurance Development and Regulatory Authority constituted under the provisions of the Insurance Development and Regulatory Authority Act, 2010 (Act 12 of 2010); insured means covered by a policy of insurance issued under section 313 or by such securities as provided under section 314, as the case may be; insurer includes a person giving security; "liability", wherever used in relation to the death of or bodily injury to any person, includes liability in respect thereof under section 328; policy of insurance includes certificate of insurance; "property" includes goods carried in the motor vehicle, roads, bridges, culverts, cause ways, trees, posts and mile stones and any other property of the third party; "reciprocating country" means any such country as may on the basis of reciprocity be notified by the Government in the Official Gazette to be a reciprocating country for the purposes of this Chapter; security means such security as given under section 314 and includes a certificate of security thereof; "third party" includes the Government; use means use on any road or in a public place; and "victim" means a person who has been grievously injured as a result of an accident, arising out of the use of a motor vehicle or motor vehicles or as a result of any traffic-related offence, committed by another person, or the spouse, parent, child, sibling or representative of a person killed or grievously injured as a result of an accident, arising out of the use of a motor vehicle or motor vehicles or as a result of any traffic-related offence committed by another person. In any provisions of this Chapter, any references relating to the surrender, or the loss or destruction, of a certificate of insurance or certificate of security, shallin relation to policies or securities under which more than one certificate is issued, be construed as references to all the certificates; and where any copy has been issued of any certificate, be construed as including a reference to that copy. In relation to securities having effect for
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the purposes of this Chapter, in any provisions of this Chapter, any references relating to(a) the certificate of insurance, the policies of insurance, the insurer or the persons being insured or insured; unless specifically mentioned otherwise, shall apply, and shall be construed respectively as references to the having in force of the security(b) to the certificte of security, the security, the giver of the security and the persons whose liability is being covered or covered by the security; as they apply in relation to(c) the certificate of insurance, the policies of insurance, the insurer or the persons being insured or insured, and such other related matters. The provisions of this Chapter shall have effect notwithstanding anything contained in any other provision of this Act or of any other law for the time being in force. For the purposes of this Chapter,"Claims Tribunal" means a Claims Tribunal constituted under section 343 and "award" means an award made by that Tribunal under section 346 or by any other competent court having jurisdiction in the matter. Modified
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109. Necessity for insurance against third party risk (1) No person shall use except as a passenger or cause or allow any other person to use a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter. Explanation. A person driving a motor vehicle merely as a paid employee, while there is in force in relation to the use of the vehicle no such policy as is required by this sub section, shall not be deemed to act in contravention of the sub section unless he knows or has reason to believe that there is no such policy in force. (2) Sub section (1) shall not apply to any motor vehicle owned by or on behalf of the Government other than the motor vehicles used for Government purposes connected with any commercial enterprises: Provided that the Government shall establish and maintain a fund in
312. Requirements of insurance against third party risks._ (1) No person shall use or cause or permit or allow any other person to use a motor vehicle, other than an invalid carriage and such other vehicle(s) exempted by the Government, on a road or in a public place, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance or such a security in respect of third party risks, as complying with the requirements of this Chapter. Any person, who contravenes sub-section (1), shall be guilty of an offence: Provided that no person shall be charged or convicted under this section if he proves(a) that he is neither the owner of the vehicle nor it is in his possession under a contract of hiring or of loan; or that he is a person driving the vehicle merely as a paid employee; or that he was using the vehicle in the course of his employment; or that he neither knew nor had reason to
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accordance with the rules made in that behalf under this Ordinance for meeting any liability arising out of the use of any of its vehicle or any person in its employment may incur to third parties or to indemnify any damage to property of a third party or, the death or bodily injury of any person caused by or arising out of the use of an unidentified motor vehicle. (3) The Government may by order exempt from the operation of sub section (1) any motor vehicle owned by any of the following authorities, namely:(a) the Government, if the vehicle is used for Government purposes unconnected with any commercial enterprises; (b) any local authority; (c) Bangladesh Road Transport Corporation: Provided that no such order shall be made in relation to any such authority unless a fund has been established and is maintained by that authority in accordance with the rules made in that behalf under this Ordinance for meeting any liability arising out of the use of any vehicles of that authority or any person in its employment may incur to third parties. 155. Driving uninsured vehicle Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 109 shall be 156 punishable with [ fine which may extend to two thousand Taka.] , section 312 believe that there was not in force in relation to the use of the vehicle no such policy or security as is required by subsection (1). (3) (a) Sub-section (1) shall not apply toany motor vehicle owned by or on behalf of the Government other than the motor vehicles used for providing public service or for Government purposes connected with any commercial enterprises: Provided that the Government shall establish and maintain a fund in accordance with the rules or regulations made in that behalf under this Act: (i) for meeting any liability arising out of the use of any of its vehicle or any person in its employment may incur to third parties; and to indemnify any damage to property of a third party; and any vehicle declared permanently incapable of use by a competent authority when the same is being driven to or from any place for salvage purposes; and any vehicle, if, in lieu of the policy of insurance or the security, as aforesaid in sub-section (1), the owner or the person who stands security for him/her, deposits and keeps deposited in the prescribed manner, a pescribed sum of money, with the Accountant-General of Bangladesh, to make good any liabilities, as is required to be covered under this Act, at any time, when the vehicle is being driven by the owner him/her self, or by an employee of the owner, in the course of his/her employment or is otherwise subject to the control of the owner. The Government may by order exempt from the operation of sub-section (1) any motor vehicle owned by any of the following authorities, namely:the Government, if the vehicle is used for Government purposes unconnected with any commercial enterprises; any local authority responsible for local government or any public body, except to a public service vehicle or a vehicle used for any commercial purposes; any education authority or any voluntary organization, except a vehicle used for hire or reward or for any commercial purposes; and Bangladesh Road Transport Corporation, except to a public service vehicle: Provided that no such order shall be made in relation to any such authority or
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organization, unless a fund has been established and is maintained by that authority or organization in accordance with the rules or regulation made in that behalf under this Act for meeting any liability arising out of the use of any vehicles of that authority or organization or any person in its employment may incur to third parties. 110. Requirements of policies and limits of liability (1) In order to comply with the requirements of this Chapter a policy of insurance must be a policy which(a) is issued by a person who is an authorised insurer or by a co operative society allowed under section 125 to transact the business of an insurer, and (b) insures the persons or clases of persons specified in the policy to the extent as may be prescribed from time to time(i) against any liability which may be incurred by him in respect of the death or bodily injury to any person or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place; (ii) against the death or bodily injury to any passengers of a public service vehicle caused by or arising out of the use of the vehicle in a public place: Provided that a policy shall not be required(i) to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment, other than a liability arising under the Workmen's Compensation Act, 1923 (VIII of 1923), in respect of the death of, or bodily injury to, any such employee(a) engaged in driving the vehicle, or (b) if it be a public service vehicle, engaged as a conductor of the vehicle or in examining tickets on the vehicle, or (c) if it be a goods vehicle, being carried in the vehicle, or (ii) except where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, to cover liability in respect of the death of or bodily injury to persons being carried in or upon or 313. Requirements of policies and limits of liability._ (1) In order to comply with the requirements of this Chapter, a policy of insurance must be a policy whichis issued by a person, who is an authorised insurer, defined under section 311, or by a co-operative society, allowed under section 334, to transact the business of an insurer; and insures such person, persons or classes of person as may be specified in the policy, to the extent as may be prescribed from time to timeagainst any liability, which may be incurred by him or them, in respect of the death or bodily injury, to any person including his hospital, medical and rehabilitation cost, plus the lost income, and damage to any property of a third party, caused by or arising out of the use of the vehicle on a road or in a public place; and against the death or bodily injury, to any person carried on or in such motor vehicle, including the passengers of a public service vehicle, caused by or arising out of the use of the vehicle on a road or in a public place; and against any liability, which may be incurred by him or them, in respect of the use of the vehicle in any of the reciprocating country according to the law on compulsory third party risks insurance of the country where the liability may be incurred. A policy shall not be required to coverliability in respect of the death, or bodily injury sustained, by an employee of a person, insured by the policy, arising out of and in the course of employment of such an employee, other than a liability arising under the Bangladesh Labour Act, 2006 (Act No 42 of 2006), in respect of the death of, or bodily injury to, any such employee; a person engaged in driving the vehicle; or if it be a public vehicle, a person engaged Modiied
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entering or mounting or alighting from the vehicle at the time of the occurrence of the event out of which a claim arises, or (iii) to cover any contractual liability. Explanation. For the removal of doubts, it is hereby declared that the death of, or bodily injury to, any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of the use of a vehicle in a public place, notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place. (2) A policy shall be of no effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected a certificate of insurance in the prescribed form and containing the prescribed particulars of any conditions subject to which the policy is issued and of any other prescribed matters; and different forms, particulars and matters may be prescribed in different cases. (3) Where a cover note issued by the insurer under the provision of this Chapter or the rules made thereunder is not followed by a policy of insurance within the prescribed time, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the fact to the registering authority in whose records the vehicles to which the cover note relates has been registered or to such 102 other authority as the [ Authority] may prescribe. (4) Notwithstanding anything elsewhere contained in any law, a person issuing a policy of insurance under this section shall be liable to indemnify the person or classes of person specified in the policy in respect of any liability which the policy purports to cover in the case of that person or those classes of person. as a conductor of the vehicle or in examining tickets on the vehicle; or (iv) (v) if it be a goods vehicle, persons being carried in or upon the vehicle, or except where the vehicle is a vehicle in which passengers are carried for hire or reward or by reason of or in pursuance of a contract of employment, to cover liability in respect of the death of or bodily injury to persons being carried in or upon or entering or mounting or alighting from the vehicle at the time of the occurrence of the event out of which a claim arises, or liability in respect of damage to the vehicle;
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(vii) any worker; or (viii) any contractual liability. Explanation._ (a) For the purposes of this section, references to a person being carried in or upon a motor vehicle include references to a person entering or getting on to, or alighting from, the motor vehicle, and the reference to an antecedent agreement is to one made at any time before the liability arose; and For the removal of doubts, it is hereby declared that the death of, or bodily injury to, any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of the use of a vehicle in a public place, notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place. A policy under this Chapter shall not be issued in respect of a motor vehicle, if, the certificate of fitness of the vehicle for which the policy is required is not in force unless the vehicle is a new one or otherwise exempted from the certificate of fitness under this Act. A policy shall be of no effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected a certificate of insurance in the prescribed form and containing the prescribed particulars of any conditions subject to which the policy is issued and of any other prescribed matters; and different forms, particulars and matters may be prescribed in different cases or circumstances. Where a cover note issued by the insurer under the provision of this Chapter or the
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regulations made there under is not followed by a policy of insurance within the prescribed time, the insurer shall, within seven days of the expiry of the period of the validity of the cover-note, notify the fact to the registering authority in whose records the vehicle to which the covernote relates has been registered or to such other authority as the Authority may prescribe. (6) Notwithstanding anything elsewhere contained in any law, a person issuing a policy of insurance under this section or a security under section 314, shall be liable to indemnify the person or classes of person specified in the policy or in the security, in respect of any liability which the policy or the security purports to cover in the case of that person or those classes of persons. Where any payment is made (whether or not with any admission of liability) by, an authorized insurer or the owner of a motor vehicle, under or in consequence of a policy or a security, issued under this Chapter, or the owner of a motor vehicle who has made a deposit under subsection (3) of section 315, in respect of the death of or bodily injury to any person, arising out of the use of a motor vehicle on a road or in a public place, and the person who has so died or been bodily injured has, to the knowledge of the authorized insurer or such owner, as the case may be, received treatment at a hospital, whether as an in-patient or as an outpatient, in respect of the injury so arising, there shall also be paid by the authorized insurer or such owner to such hospital the expenses reasonably incurred by the hospital in affording such treatment, after deducting from such expenses any moneys actually received by the hospital in payment of a specific charge for such treatment: Provided that the amount to be paid by the authorized insurer or such owner, shall not exceed the amount prescribed, for each person so treated as an in-patient or for each person so treated as an out-patient Explanation._ For the purposes of this sub-section the expression(a) (i) "expenses reasonably incurred" meansin relation to a person who receives treatment at a hospital as an in-patient an amount for each day such person is maintained in such hospital representing the average daily cost for each in-patient of the maintenance of the hospital and the staff thereof and the maintenance and
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treatment of the in-patients therein: provided that in respect of a Government hospital which admits paying patients, "expenses reasonably incurred" means the amount chargeable to a member of the general public, in a ward of the class occupied by the person who received treatment, in accordance with the scale of fees from time to time in force at such hospital; and (ii) in relation to a person who receives treatment at a hospital as an out-patient, reasonable expenses actually incurred. Inserted new
314. Requirements in respect of securities._ (1) (a) In order to comply with the requirements of this Chapter, a security mustbe provided, either by an authorised insurer or by some other body of persons, approved or authorized by the Government under any law for the time being in force, which carries on in Bangladesh, the business of giving securities of a like kind; and consist of an undertaking, by the provider of the security to make good, the amount prescribed for a particular type of motor vehicle, subject to such conditions as may be prescribed; and any failure by the owner of the vehicle or such other person or class of persons as may be specified in the security to discharge any such liability as is required to be covered by a policy of insurance under section 313 which may be incurred by him or by them. A security shall be of no effect for the purpose of this Chapter, unless there is issued by the person giving the security to the person to whom it is given a certificate (in this Act referred to as a "certificate of security") in the prescribed form and containing such particulars of any conditions subject to which the security is issued and of any other matters as may be prescribed, and different forms and different particulars may be prescribed in relation to different cases or circumstances. The provisions of this Act shall apply, in relation to securities having effect for the purposes of this Act, as they apply in relation to policies of insurance.
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315. Certain conditions to policies or securities to be of no effect._ (1) Any condition in a policy or security issued or given for the purposes of this Chapter, providing that no liability shall arise under the policy or security, or that any liability
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so arising shall cease, in the event of some specified thing being done or omitted to be done, after the happening of the event giving rise to a claim under the policy or security, shall be of no effect, in connection with such liabilities, as are required to be covered by a policy mentioned in clause (b) of subsection (1) of section 313: Provided that nothing in this section shall be taken to render void any provision in a policy or security, requiring the person insured or secured to repay to the insurer or the provider of the security, any sums which the latter may have become liable to pay under the policy or security, and which have been applied to the satisfaction of the claims of third parties. 316. Effect of restrictions on the scope of insurance or security against third party risks._ Where a certificate of insurance under subsection (4) of section 313, or a certificate of security under sub-section (2) of section 314, has been issued, and the person by whom a policy or a security has been effected, so much of the policy or security as purports to restrict the insurance of the persons insured or secured thereby by reference to any of the following matters: (a) (b) (c) (d) (e) (f) (g) (h) the age or physical or mental condition of persons driving the motor vehicle; the condition of the motor vehicle; the number of persons that the motor vehicle carries; the weight or physical characteristics of the goods that the motor vehicle carries; the times at which or the areas within which the motor vehicle is used; the horse-power or cylinder capacity or value of the motor vehicle; the carriage on the motor vehicle of any particular apparatus; the carrying on the motor vehicle of any particular means of identification other than any means of identification required to be carried under Chapter VI; the driver of the motor vehicle at the time of the accident being under the influence of intoxicating liquor or of a drug; the driver of the motor vehicle at the time of the accident not holding a licence to drive or not holding a licence to drive the particular motor vehicle; the motor vehicle being used for a purpose other than the purpose stated in Inserted new
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the policy; shall, as respects such liabilities as are required to be covered by a policy or security under paragraph (b) of subsection (1) of section 313, be of no effect: Provided that nothing in this section shall require an insurer or the giver of a security to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability; and any sum paid by an insurer or the giver of a security in or towards the discharge of any liability of any person which is covered by the policy or security by virtue only of this section shall be recoverable by the insurer or giver of the security from that person. 317. Validity of policies of insurance issued in reciprocating countries._ Where, in pursuance of an agreement between Bangladesh and any reciprocating country, the motor vehicle registered in the reciprocating country operates on any route or within any area, common for use by both countries and there is in force in relation to the use of the vehicle in the reciprocating country, a policy of insurance complying with the requirements of the law of insurance in force in that country, then, notwithstanding anything contained in section 316 but subject to any regulations which may be made under section 350, such policy of insurance shall be effective throughout the route or area in respect of which, the agreement has been made, as if the policy of insurance had complied with the requirements of this Chapter. 111. No fault liability (1) Notwithstanding anything contained in this Ordinance or in any other law for the time being in force, the victim of a motor accident or his heir as the case may be, shall be entitled to get compensation from the insurer or, in absence of valid insurance policy, from the owner of the motor vehicle involved in the accident such amounts as may be prescribed under clause (b) of sub section (1) of section 110 in respect of death, permanent disablement or loss of any limbs or any other injury to the victim of the motor accident. (2) If the insurer or owner of the motor vehicle concerned fails to pay the compensation under sub section (1) within thirty days of the demand made to him in this behalf in writing by the victim or his heir, as the case may be, 318. No fault liability._ (1) Where death or grievous injury to any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation in respect of such death or grievous injury in accordance with the provisions of this section. The amount of compensation which shall be payable under sub-section (1), in respect of the death or grievous injury of any person shall be such sum as may be prescribed, in this behalf from time to time, under clause (b) of sub-section (1) of section 313 in respect of death or grievous injury or any other injury. In any claim for compensation under subsection (1), the claimant shall not be Modified Inserted new
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the compensation may be recovered as a public demand. required to plead and establish that the death or grievous injury in respect of which the claim has been made was due to any wrongful act, neglect or default of the owner or owners of the vehicle or vehicles concerned or of any other person. (4) A claim for compensation under subsection (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or grievous injury, the claim has been made nor shall the quantum of compensation recoverable in respect of such death or grievous injury, be reduced on the basis of the share of such person in the responsibility for such death or grievous injury. Notwithstanding anything contained in sub-section (2) regarding death or bodily injury to any person, for which the owner of the vehicle is liable to give compensation for relief, he is also liable to pay compensation under any other law for the time being in force. Nothing in this section shall curtail the right of a person to claim compensation under any other provision of this Act or of any other law for the time being in force, except the right to claim under sections 336 and 337. A claim for compensation under this section, and also in pursuance of any right, under any other provision of this Act, or of any other law for the time being in force, in respect of death or grievous injury or any other injury of any person, even if made simultaneously, to the same person or body, the claim for compensation under this section, shall be disposed of as expeditiously as possible, and in the first place. Notwithstanding anything contained in this Act or in any other law for the time being in force, the victim of a motor accident or his heir as the case may be, shall be entitled to get compensation from the insurer or, in absence of valid insurance policy, from the owner of the motor vehicle(s) involved in the accident. If, the insurer or owner of the motor vehicle concerned fails to pay the compensation under this section, within thirty days of the demand made to him in this behalf in writing by the victim or his heir, as the case may be, the compensation may be recovered as a public demand. Modified
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112. Duty of insurers to satisfy judgements against persons
319. Duty of insurers or persons giving security to satisfy judgments against
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insured in respect of third party risks (1) If, after a certificate of insurance has been issued under sub section (2) of section 110 in favour of the person by whom a policy has been effected, judgement in respect of any such liability as is required to be covered by a policy under clause (b) of sub section (1) of section 110 being a liability covered by the terms of the policy is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the decree any sum not exceeding the sum assured payable thereunder as if he were the judgement debtor, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgements. (2) No sum shall be payable by an insurer under sub section (1) in respect of any judgement unless before or after the commencement of the proceedings in which the judgement is given the insurer had notice through the Court of the bringing of the proceedings, or in respect of any judgement so long as execution is stayed thereon pending an appeal; and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely:(a) that the policy was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and that either the certificate of insurance was surrenderd to the insurer or that the person to whom the certificate was issued has made an affidavit stating that the certificate has been lost or destroyed, or that either before or not later than fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 122; or (b) that there has been a breach of a specified condition of the policy, being persons insured or secured in respect of third party risks._ (1) If, after a certificate of insurance under sub-section (4) of section 313, or a certificate of security under sub-section (2) of section 314, has been issued, in favour of the person by whom a policy or a security has been effected, judgment or award in respect of any such liability, as is required under clause (b) of sub-section (1) of section 313, being a liability to be covered by the terms of the policy or the security, to which the certificate relates, is obtained against any person insured by the policy or whose liability is covered by the security, as the case may be, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy or the security, the insurer shall, subject to the provisions of this section, pay to the persons entitled to the benefit of the decree, any sum not exceeding the sum assured payable there under in respect of the liability (other than an excluded liability), together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments. In deciding for the purposes of subsection (1), whether a liability is or would be covered by the terms of a policy or security, so much of the policy or security as purports to restrict, as the case may be, the insurance of the persons insured by the policy or covered by the security, by reference to the holding by the driver of the vehicle of a license authorizing him to drive it shall be treated as of no effect. In sub-section (1)excluded liability means a liability in respect of the death of, or bodily injury to, or damage to the property of any person who, at the time of the use which gave rise to the liability, was allowing himself to be carried in or upon the vehicle and knew or had reason to believe that the vehicle had been stolen or unlawfully taken, not being a person whodid not know and had no reason to believe that the vehicle had been stolen or unlawfully taken until after the commencement of his journey; and could not reasonably have been expected to have alighted from the vehicle; and in this sub-section in clause (a), the reference to a person being carried in or upon a vehicle includes a reference to a
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(ii) (b)
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one of the following conditions, namely(i) a condition excluding the use of the vehicle- (a) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or (b) for organised racing and speed testing, or (c) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or (d) without side car being attached, where the vehicle is a motor cycle; or (ii) a condition excluding driving by a named person or persons or by any person is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or (iii) a condition excluding liability, for injury caused or contributed to by condition of war, riot or civil commotion; or (c) that the policy is void on the ground that it was obtained by the non disclosure of a material fact or by a representation of fact which was false in some material particular. (3) Where a certificate of insurance has been issued under sub section (2) of section 110 to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any conditions other than those in clause (b) of sub section (2) shall, as respects such liabilities as are required to be covered by a policy under clause (b) of sub section (1) of section 110, be of no effect: Provided that any sum paid by the insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this sub section shall be recoverable by the insurer from that person. (4) If the amount which an insurer becomes liable under this section to pay in respect of a liability incurred by a person insured by a policy exceeds the amount for which the insurer would apart from the provisions of this section be liable under the policy in respect of that liability, the insurer shall be entitled to recover the excess from that person. (5) In this section the expressions material fact and material particular person entering or getting on to, or alighting from, the vehicle. (4) (a) No sum shall be payable by an insurer under sub-section (1)in respect of any judgment or award, unless before or within seven days after the commencement of the proceedings in which the judgment or award was given, the insurer had notice of the proceedings, through the court or, as the case may be, through the Claims Tribunal; or in respect of any judgment or award, so long as execution thereon is stayed pending an appeal; and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds namely:a. that the policy or the security was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability; and that before the happening of the accident, the certificate of insurance was surrendered to the insurer, or the person to whom the certificate was issued has made an affidavit stating that the certificate has been lost or destroyed; or after the happening of the accident, but before the expiration of a period of fourteen days from the happening of the accident, the certificate was surrendered to the insurer or the person to whom the certificate was issued made such an affidavit as aforesaid; or that either before or not later than fourteen days after the happening of the accident, the insurer has commenced proceedings for surrender of the certificate, after compliance with the provisions of section 331; or that there has been a breach of a specified condition of the policy, being one of the following conditions, namely._ a condition excluding the use of the vehicle for hire or reward, where the vehicle is on the date of the contract of insurance, a vehicle not covered by a permit to ply for hire or reward, or for organized racing and speed testing; or for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or without side-car being attached where the vehicle is a motor cycle; or
(b)
b.
c.
d.
e.
(i) (a)
(b) (c)
(d)
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mean, respectively, a fact or particular of such a nature as to influence the judgement of a prudent insurer in determining whether he will take the risk and, if so, at what premium and on what conditions, and the expression liability covered by the terms of the policy" means a liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel or has avoided or cancelled the policy. (6) No insurer to whom the notice referred to in sub section (2) has been given shall be entitled to avoid his liability to any person entitled to the benefit of any such judgement as is referred to in sub section (1) otherwise than in the manner provided for in sub section (2 ). (ii) (a) a condition excludingthe driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualifications; or the liability for injury caused or contributed to by conditions of war, civil war,riot or civil commotion; or that the policy is void on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact which was false in some material particular. Where any such judgment as is referred to in sub-section (1), is obtained from a Court in a reciprocating country, and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the Code of Civil Procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the Insurance Act, 2010 (Act 13 of 2010) and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to be the extent specified in sub-section (1), as if the judgment were given by a Court in Bangladesh: Provided that no sum shall be payable by the insurer in respect of any such judgment unless, before or within seven days after the commencement of the proceedings in which the judgment or award is given, the insurer had notice of the bringing of the proceedings and the insurer to whom notice is so given is entitled under the corresponding law of the reciprocating country, to be made a party to the proceedings and to defend the action on grounds similar to those specified in under sub-section (4). (6) Where a certificate of insurance under sub-section (4) of section 313 or a certificate of security under sub-section (2) of section 314 has been issued, to the person by whom a policy or a security has been effected, so much of the policy or the security as purports to restrict the insurance of the persons insured or covered thereby, by reference to any conditions other than those in clause (b) of sub-section (4) shall, as respects such liabilities as are required to be covered by a policy or a security, under clause (b) of sub-section (1) of section 313 be of no
(b)
(f)
(5)
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effect: Provided that any sum paid by the insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this sub-section shall be recoverable by the insurer from that person. (7) If the amount which an insurer becomes liable under this section to pay in respect of a liability incurred by a person insured by a policy or covered by a security, exceeds the amount for which the insurer would apart from the provisions of this section be liable under the policy or the security in respect of that liability, the insurer shall be entitled to recover the excess from that person. No sum shall be payable by an insurer under subsection (1), if, before the date, the liability was incurred, the insurer had obtained a declaration from a court that the insurance or the security was void or unenforceable: Provided that an insurer who has obtained such a declaration as aforesaid in an action shall not thereby become entitled to the benefit of this subsection as respects any judgement obtained in proceedings commenced before the commencement of that action unless, before or within seven days after, the commencement of that action, he has given notice thereof to the person who is the plaintiff or pursuer in the said proceedings specifying the grounds, non-disclosure or false representation on which he proposes to rely, and any person to whom notice of such an action is so given shall be entitled if he thinks fit to be made a party thereto. (9) No insurer to whom the notice referred to in sub-section (4) or sub-section (5) has been given shall be entitled to avoid his liability to any person entitled to the benefit of any such judgment or award as is referred to in sub-section (1) or in such judgment as is referred to in sub-section (5) otherwise than in the manner provided for in sub-section (4) or in the corresponding law of the reciprocating country, as the case may be. insurer includes a person giving a security; and "material fact" and "material particular" mean, respectively, a fact or particular of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk and, if so, at what premium and on what conditions;
(8)
(10) In this section the expressions(a) (b)
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and (c) "liability covered by the terms of the policy or security" means a liability which is covered by the policy or security of which would be so covered but for the fact that the insurer is entitled to avoid or cancel or has avoided or cancelled the policy or security. Modified
113. Rights of third parties against insurers on insolvency of the insured (1) Where under any contract of insurance effected in accordance with the provisions of this Chapter a person is insured against liabilities which he may incur to third parties then(a) in the event of the person becoming insolvent or making a composition or arrangement with his creditors, or (b) where the insured person is a company, in the event of a winding up order being made or a resolution for a voluntary winding up being passed with respect to the company or of a receiver or manager of the company's business or undertaking being duly appointed, or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge of any property comprised in or subject to the charge, if, either before or after that event, any such liability is incurred by the insured person, his rights against the insurer under the contract in respect of the liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the third party to whom the liability was so incurred. (2) Where an order for the administration of the estate of a dcceased debtor is made according to the law of insolvency, then, if any, debt provable in insolvency is owing by the deceased in respect of a liability to a third party against which he was insured under a contract of insurance in accordance with the provisions of this Chapter, the deceased debtor's rights against the insurer in respect of that liability shall, notwithstanding anything to the contrary in any provisions of law, be transferred to and vest in the person to whom the debt is owing. (3) Any condition in a policy issued for the purposes of this Chapter purporting either directly or indirectly
320. Insolvency of the insured or secured persons not to affect claims by third parties._ (1) Where under any policy or security effected in accordance with the provisions of this Chapter, a person is insured or secured against liabilities which he may incur to third parties thenin the event of the insured or secured person becoming insolvent or making a composition or arrangement with his creditors, or where the insured person is a company, in the event ofa winding up order or an administration order is made with respect to the company; or a resolution for a voluntary winding up is passed with respect to the company; or a receiver or manager of the company's business or undertaking is duly appointed; or possession is taken by or on behalf of the holders of any debentures secured by a floating charge, of any property comprised in or subject to the charge; if either before or after that event any such liability is incurred by the insured person, his right against the insurer under the policy or security in respect of the liability shall, notwithstanding anything to the contrary in any provision of law, be transferred to and vest in the third party to whom the liability was so incurred. (2) Where an order for the administration of the estate of a deceased debtor is made according to the law of insolvency, then, if any debt provable in insolvency is owing by the deceased in respect of a liability to a third party against which he was insured or covered under a contract of insurance or security in accordance with the provisions of this Chapter, the deceased debtor's rights against the insurer in respect of that liability shall, notwithstanding anything to the contrary in any provisions of law, be transferred to and vest in the person to whom the debt is owing.
(a)
(b) (i)
(ii) (iii)
(iv)
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to avoid the policy or to alter the rights of the parties thereunder upon the happening to the insured person of any of the events specified in clause (a) or clause (b) of sub section (1) or upon the making of an order for the administration of the estate of a deceased debtor according to the law of insolvency shall be of no effect. (4) Upon a transfer under sub section (1) or sub section (2) the insurer shall be under the same liability to the third party as he would have been to the insured person, but(a) if the liability of the insurer to the insured person exceeds the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the insured person against the insurer in respect of the excess, and (b) if the liability of the insurer to the insured person is less than the liability of the insured person to the third party nothing in this Chapter shall affect the rights of the third party against the insured in respect of the balance. (3) Any condition in a policy or security issued for the purposes of this Chapter purporting either directly or indirectly to avoid the policy or security or to alter the rights of the parties there under upon the happening to the insured person of any of the events specified in clause (a) or clause (b) of sub-section (1) or upon the making of an order for the administration of the estate of a deceased debtor according to the law of insolvency, shall be of no effect. Upon a transfer of rights, under subsection (1) or sub-section (2), the insurer shall, subject to the provisions of section 322, be under the same liability to the third party as he would have been to the insured person, butif the liability of the insurer to the insured person exceeds the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the insured person against the insurer in respect of the excess; and if the liability of the insurer to the insured person is less than the liability of the insured person to the third party, nothing in this Chapter shall affect the rights of the third party against the insured person, in respect of the balance. For the purposes of this section and sections 321 and 322, the expression "liabilities to third parties" in relation to a person insured under any policy of insurance or security, shall not include any liability of that person in the capacity of insurer under some other policy of insurance or security. This section and sections 321 and 322 shall not applywhere a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company; or to any case to which subsections (1) and (2) of section 162 of the Bangladesh Labour Act 2006 (Act 42 of 2006), apply. Modified
(4)
(a)
(b)
(5)
(6) (a)
(b)
114. Duty to give information as to insurance (1) No person against whom a claim is made in respect of any liability referred to in clause (b) of sub section (1) of section 110 shall on demand by or on behalf of the person making the claim refuse to state whether or not he was injured in respect of that liability by any policy issued under the provisions of this Chapter, or would have been so injured if the insurer
321. Duty to give information as to insurance or security._ (1) Any person against whom a claim is made in respect of any liability referred to in clause (b) of sub-section (1) of section 313 shall, on demand by or on behalf of the person making the claimstate whether or not, in respect of that liabilityhe was insured by a policy or covered by a security issued under the provisions of this
(a) (i)
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had not avoided or cancelled the policy, nor shall he refuse, if he was or would have been so injured, to give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof. (2) In the event of any person becoming insolvent or making a composition or arrangement with his creditors or in the event of an order being made for the administration of the estate of a deceased person according to the law of insolvency, or in the event of a winding up order being made or a resolution for a voluntary winding up being passed with respect to any company or of a receiver or manager of the company's business or undertaking being duly appointed or of possession being taken by or on behalf of the holders of any debentures secured by a floating charge on any property comprised in or subject to the charge, it shall be the duty of the insolvent debtor, personal representative of the decased debtor or company, as the case may be, or the official assignee or receiver in insolvency, trustee, liquidator, receiver or manager, or person in possession of the property to give at the request of any person claiming that the insolvent debtor, deceased debtor or company is under such liability to him as is covered by the provisions of this Chapter, such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him by section 113, and for the purpose of enforcing such rights, if any, and any such contract of insurance as purport whether directly or indirectly to avoid the contract or to alter the rights of the parties thereunder upon the giving of such information in the events aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect. (3) If, from the information given to any person in pursuance of subsection (2) or otherwise, he has reasonable ground for supposing that there have or may have been transferred to him under this Chapter rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by the said sub-section on the person therein mentioned. Chapter, having effected in respect of that liability, or (ii) he would have been so insured or would have had in force such a securiy, if the insurer or, as the case may be, the giver of the security, had not avoided or cancelled the policy or security; and if he was or would have been so insured, or had or would have had in force such a securitygive such particulars with respect to that policy or security as were specified in the certificate of insurance or security issued in respect of that policy or security thereof, under sub-section (4) of section 313 or under sub-section (2) of section 314 as the case may be; or where no such certificate was issued under that section, give the following particulars, that is to say, the registration mark or other identifying particulars of the vehicle concerned, the number or other identifying particulars of the insurance policy or the security issued in respect of the vehicle, the name of the insurer or the security giver, and the period of the insurance or security cover. In the event ofany person becoming insolvent or making a composition or arrangement with his creditors; or an order being made for the administration of the estate of a any person according to the law of insolvency; or a winding up order being made or a resolution for a voluntary winding up being passed with respect to any company; or a receiver or manager of the company's business or undertaking being duly appointed; or possession being taken by or on behalf of the holders of any debentures secured by a floating charge on any property comprised in or subject to the charge; it shall be the duty of the(i) (ii) insolvent debtor; or personal representative of the deceased debtor or company; and, as the case may be, official assignee or receiver in insolvency, trustee, liquidator, receiver or manager, or person in possession of the property; to give at the request of any person claiming that the insolvent debtor, deceased debtor or company is under such liability to him as is covered by the
(b)
(i)
(ii)
(2) (a)
(b)
(c)
(d)
(e)
(iii)
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(4) The duty to give the information imposed by this section shall include a duty to allow all contracts of insurance, receipts for premiums, and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken. provisions of this Chapter, such information as may reasonably be required by him for the purpose of ascertaining whether any rights have been transferred to and vested in him under this Chapter, and for the purpose of enforcing such rights, if any, and any such contract of insurance or security in so far as it purports, whether directly or indirectly to avoid the contract or security or to alter the rights of the parties there under upon the giving of such information in the events aforesaid, or otherwise to prohibit or prevent the giving thereof in the said events, shall be of no effect. (3) If, from the information given to any person in pursuance of sub-section (2) or otherwise, discloses reasonable ground for supposing that there have or may have been transferred to him under this Chapter rights against any particular insurer, that insurer shall be subject to the same duty as is imposed by the said sub-section on the person therein mentioned. The duty to give the information imposed by this section shall include a duty to allow all contracts of insurance or security, receipts for premiums, and other relevant documents in the possession or power of the person on whom the duty is so imposed to be inspected and copies thereof to be taken. Any person, who, without reasonable excuse, fails to comply with the provisions of sub-section (1), or wilfully makes any false or misleading statement, in reply to any such demand, as is reffered to in that sub-section; he shall be guilty of an offence. Modified
(4)
(5)
115. Settlement between insurers and insured persons (1) No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of sub section (1) of section 110 shall be valid unless such third party is a party to the settlement. (2) Where a person who is insured under a policy issued for the purposes of this Chapter has become insolvent, or where, if such insured person is a company, a winding up order has been passed with respect to the company no agreement made between the insurer and the insured person after liability has been incurred to a third party and after the commencement of the insolvency or winding up, as the case may be, nor
322. Settlement between insurers and insured persons._ (1) No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of subsection (1) of section 313 shall be valid unless such third party is a party to the settlement. A policy or a security issued under this Chapter shall remain in force and available for third parties, not withstanding the death of any person insured or secured under clause (b) of sub-section (1) of section 313, as if such insured person were still alive. Where a person who is insured under a policy or secured under a security given, for the purposes of this Chapter has become insolvent, or where, if such
(2)
(3)
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any waiver, assignment or other disposition made by or payment made to the insured person after the commencement aforesaid shall be effective to defeat the rights transferred to the third party under this Chapter, but those rights shall be the same as if no such agreement, waiver, assignment or disposition or payment has been made. insured person is a company, a winding up order has been made or a resolution for a voluntary winding-up has been passed with respect to the company, no agreement made between the insurer and the insured person after liability has been incurred to a third party and after the commencement of the insolvency or winding up, as the case may be, nor any waiver, assignment or other disposition made by, or payment made to the insured person after the commencement aforesaid, shall be effective to defeat or affect the rights transferred to the third party under this Chapter, but those rights shall be the same as if no such agreement, waiver, assignment or disposition or payment had been made. 323. Saving in respect of sections 320, 321 and 322._ (1) For the purposes of sections 320, 321 and 322, a reference to "liabilities to third parties" in relation to a person insured under any policy of insurance or covered under a security, shall not include a reference to any liability of that person in the capacity of insurer under some other policy of insurance or security. The provisions of sections 320, 321 and 322 shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of an amalgamation with another company. Inserted new Modified
116. Saving in respect of sections 113, 114 and 115 (1) For the purposes of sections 113, 114 and 115, a reference to liabilities to third parties in relation to a person insured under any policy of insurance shall not include a reference to any liability of that person in the capacity of insurer under some other policy of insurance. (2) The provisions of sections 113, 114 and 115 shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of an amalgamation with another company.
(2)
324. Deposits._ (1) Where a person has deposited a prescribed sum of money, with the Accountant General of Bangladesh, under clause (c) of sub-section (3) of section 312 of this Act, then, so long as, any liabilities incurred by him, being such liabilities as are required to be covered by a policy of insurance under section 313 have not been discharged or otherwise provided for, no part of that sum shall be applicable in discharge of any other liabilities incurred by him. Any rules or regulations made, or having effect as if made, by the Government or by the Authority or under the Insurance Act, 2010 (Act 13 of 2010) which apply to deposits made by insurers carrying on motor vehicle insurance business shall, with such necessary modifications and adaptations as, after consultation with the Ministry of Finance, may be prescribed, apply to deposits made with the Accountant General under section 312 of this Act.
(2)
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(3) Such provision as might be made, under the Insurance Act, 2010 (Act 13 of 2010), with respect to deposits under that Act, may, after consultation with the Ministry of Finance, be made by regulations with respect to deposits made with the Accountant General under section 312 of this Act. Modified
117. Insolvency of insured persons not to affect liability of insured or claims by third parties Where a certificate of insurance has been issued to the person by whom a policy has been effected, the happening in relation to any person insured by the policy of any such event as is mentioned in sub section (1) or sub section (2) of section 113 shall, notwithstanding anything in this Chapter not affect any liability of that person of the nature referred to in clause (b) of sub section (1) of section 110; but nothing in this section shall affect any rights against the insurer conferred under the provisions of sections 113, 114 and 115 on the person to whom the liability was incurred. 118. Effect of death on certain causes of action Notwithstanding anything contained in section 306 of the Succession Act, 1925 (XXXIX of 1925) the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer.
325. Insolvency of insured persons not to affect liability of insured or claims by third parties._ Where a certificate of insurance or a security has been issued to the person by whom a policy or a security has been effected, the claims happening in relation to any person insured by the policy or security of any such event as is mentioned in sub-section (1) or sub-section (2) of section 320 shall, notwithstanding anything contained in this Chapter, not affect any such liability of that person of the nature referred to in clause (b) of subsection (1) of section 313; but nothing in this section shall affect any rights against the insurer conferred under the provisions of section 320, 321 and 322 on the person to whom the liability was incurred. 326. Effect of death on certain causes of action._ Notwithstanding anything contained in section 306 of the Succession Act, 1925 (XXXIX of 1925) the death of a person in whose favour a certificate of insurance or a certificate of security had been issued, if it occurs after the happening of an accident or event, which has given rise to a claim under the provisions of this Chapter, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer. 327. Applicability of this Chapter to certain claims under Bangladesh Labour Act, 2006 (Act No 42 of 2006)._ The provisions of this Chapter shall also apply in relation to any claim for compensation in respect of death or grievous injury of any person under the Bangladesh Labour Act, 2006 (Act No 42 of 2006) resulting from an accident of the nature referred to in sub-section (1) of section 318 and for this purpose, the said provisions shall, with necessary modifications, be deemed to form part of that Act.
Modified
Inserted new
119. Effect of certificate of insurance
328. Effect of certificate of insurance._
Modified
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When an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then(a) if and so long as the policy described in the certificate has not been issued by the insurer to the insured, the insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured person a policy of insurance conforming in all respects with the description and particulars stated in such certificate; and (b) if the insurer has issued to the insured the policy described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer either directly or through the insured than the particulars of the policy as stated in the certificate the policy shall, as between the insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the particulars stated in the said certificate. 120. Transfer of certificate of insurance (1) Where a person in whose favour the cetificate of insurance has been issued in accordance with the provisions of this Chapter, proposes to transfer to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, he may apply in the prescribed form to the insurer for the transfer of the certificate of insurance and the policy described in the certificate in favour of the person to whom the motor vehicle is proposed to be transferred, and if within fifteen days of the receipt of such application by the insurer, the insurer has not intimated the insured and such other person his refusal to transfer the certificate and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer. (2) The insurer to whom any application has been made under sub-section (1) shall transfer to the other person the certificate of (l) When an insurer has issued a certificate of insurance or a certificate of security in respect of a contract of insurance or security between the insurer and the insured person, thenif and so long as the policy or the security, as the case may be, described in the certificate has not been issued by the insurer to the insured, the insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured person a policy of insurance or a security conforming in all respects with the description and particulars stated in such certificate; and if the insurer has issued to the insured the policy or the security, as the case may be, described in the certificate, but the actual terms of the policy or the security, are less favorable to persons claiming under or by virtue of the policy or the security against the insurer, either directly or through the insured, then the particulars of the policy or the security, as stated in the certificate, the policy or the security shall, as between the insurer and any other except the insured, be deemed to be in terms conforming in all respects with the particulars stated in the said certificates. Modified
(a)
(b)
329. Transfer of certificate of insurance._ (1) Where a person in whose favour the certificate of insurance or the certificate of security, as the case may be, has been issued in accordance with the provisions of this Chapter, proposes to transfer to another person, the ownership of the motor vehicle, in respect of which such insurance or security was taken, together with the policy of insurance or the security relating thereto, he may, apply in the prescribed form, to the insurer for the transfer of the certificate of insurance or the security, as the case may be, and the policy or the security, described in the certificate, in favor of the person to whom the motor vehicle is proposed to be transferred, and if, within fifteen days of the receipt of such application by the insurer, the insurer has not intimated the insured, and such other person, his refusal to transfer the certificate and the policy or the security described in the certificate, shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer. Explanation._For the removal of doubts, it is hereby declared that such deemed transfer shall include transfer of rights and
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insurance and the policy described in that certificate unless he considers it undesirable having regard to:(a) the previous conduct of the other person(i) as a driver of motor vehicle; or (ii) as a holder of the policy of insurance in respect of any motor vehicle; or (b) any conditions which may have been imposed in relation to any such policy held by the applicant; or (c) the rejection of any proposal made by such other person for the issue of a policy of insurance in respect of any motor vehicle owned or possessed by him. (3) Where the insurer has refused to transfer in favour of the person to whom the motor vehicle has been transferred the certificate of insurance and the policy described in that certificate, he shall refund to such transferee the amount, if any, which under the terms of the policy he would have had to refund to the insured for the unexpired term of such policy. liabilities of the said certificate of insurance and policy of insurance or the certificate of security and the security, as the case may be. (2) The insurer to whom any application has been made under sub-section (1), shall, transfer to the other person, the certificate of insurance and the policy or the certificate of security and the security, as the case may be, described in the related certificate, unless the considers it undesirable having regard to:the previous conduct of the other personas a driver of motor vehicle; or as a holder of the policy of insurance or the security in respect of any motor vehicle; or any conditions which may have been imposed in relation to any such policy or security held by the applicant; or the rejection of any proposal made by such other person for the issue of a policy of insurance or a security in respect of any motor vehicle owned or possessed by him. Where the insurer has refused to transfer in favour of the person to whom the motor vehicle has been transferred, the certificate of insurance and the policy, or the certificate of security and the security, as the case may be, described in the related certificate, he shall refund to such transferee the amount, if any, which under the terms of the policy or the security, he would have had to refund to the insured for the unexpired term of such policy. Modified
(a) (i) (ii)
(b)
(c)
(3)
121. Duty to surrender certificate on cancellation of policy (1) Whenever the period of cover under a policy of insurance issued under the provisions of this Chapter is terminated or suspended by any means before its expiration by effluxion of time, the insured person shall within seven days after such termination or suspension deliver to the insurer by whom the policy was issued the latest certificate of insurance given by the insurer in respect of the said policy, or, if the said certificate has been lost or destroyed, make an affidavit to that effect. (2) Whoever fails to surrender a certificate of insurance or to make an affidavit, as the case may be, in accordance with provisions of this section shall be punishable with fine which may extend to thirty Taka for everyday that the offence continues
330. Duty to surrender certificate of insurance and certificate of security on cancellation of policy or security._ (1) Where a certificate of insurance under sub-section (4) of section 313, or a certificate of security under sub-section (2) of section 314, has been issued, and the policy or the security to which such certificate relates is cancelled, by mutual consent or by virtue of any provision in the policy or security, or whenever the period of cover under a policy of insurance or security, issued under the provisions of this Chapter, is terminated or suspended by any means before its expiration, the person to whom the certificate, the policy or the security was issued shall, within seven days from the taking effect of such cancellation, termination or suspensionsurrender the certificate to the insurer by whom the policy was issued or to the person by whom the security was given, as the case may be; or
(a)
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subject to a maximum of one thousand Taka. (b) (2) if the said certificate has been lost or destroyed, make an affidavit to that effect. A person who fails to surrender a certificate of insurance or a certificate of security or to make an affidavit, as the case may be, in accordance with the provisions of sub-section (1), shall be guilty of an offence, punishable with fine as may be specified or prescribed for everyday that the offence continues. Modified
122. Duty of insurer to notify registering authority cancellation or suspension of the policy Whenever a policy of insurance issued under the provisions of this Chapter is cancelled or suspended by the insurer who has issued the policy, the insurer shall within seven days notify such cancellation or suspension to the registering authority in whose records the registration of the vehicle covered by the policy of insurance is 103 recorded or to such other authority [ as may be prescribed].
331. Duty of insurer to notify registering authority cancellation or suspension of the policy or the security._ Whenever a policy of insurance or a security, as the case may be, issued under the provisions of this Chapter is cancelled or suspended either by the insurer who has issued the policy or by the person who has given the security, the insurer or the giver of security, as the case may be, shall within seven days, notify such cancellation or suspension, to the registering authority in whose records the registration of the vehicle, covered by the policy of insurance or by the security, is recorded or to such other authority as may be prescribed. 332. Production of certificate of insurance or certificate of security._ (1) Any person driving a motor vehicle on a road or in a public place, or any in charge of a motor vehicle shall, on being so required by a police officer not below the rank of Sub-inspector of police in uniform authorized in this behalf by the Authority or any Inspector of Motor Vehicles or any other road transport officer authorized in this behalf by the Authority or other persons authorized in this behalf by the Government or by the Authority produce the certificate of insurance or the certificate of security, as the case may be, relating to the use of the vehicle. If, where owing to the presence of a motor vehicle on a road or in a public place, an accident occurs involving death or bodily injury to another person, or damage to any property, the driver or in charge of the vehicle, does not at the time, produce the certificate of insurance, or the certificate of security along with the certificate of registration, certificate of fitness and such other documents authorizing the use of the vehicle on a road or in a public place, to a police officer, or other authorized officer, he shall produce the certificate of insurance, or the certificate of security, as the case may be, and the documents as
123. Production of certificate of insurance (1) Any person driving a motor vehicle in any public place shall on being so required by a police officer not below the rank of sub inspector of police in uniform authorised in this behalf by 104 the [ Authority] or any Inspector of Motor Vehicles or other persons 105 authorised in this behalf by the [ Authority] produce the certificate of insurance relating to the use of the vehicle. (2) If, where owing to the presence of a motor vehicle in a public place an accident occurs involving bodily injury to another person, the driver of the vehicle does not at the time produce the certificate of insurance to a police officer, he shall produce the certificate of insurance at the police station at which he makes the report required by section 104. (3) No person shall be liable to conviction under sub section (1) or sub-section (2) by reason only of the failure to produce the certificate of insurance if, within seven days from the date on which its production was required under sub section (1) or, as the case may be, from the date of occurrence of the accident, he
Modified
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produces the certificate to such police station as may have been specified by him to the police officer or to the other authority who required its production or, as the case may be, to the police officer at the site of the accident or to the officer in charge of the police station at which he reported the accident: Provided that, except to such extent and with such modifications as may be prescribed, the provisions of this sub section shall not apply to the driver of a transport vehicle. (4) The owner of a motor vehicle shall give such information as he may be required by or on behalf of a police officer empowered in this behalf by 106 the [ Authority] to give for the purpose of determining whether the vehicle was or was not being driven in contravention of section 109 and on any occasion when the driver was required under this section to produce his certificate of insurance. (5) In this section the expression produce his certificate of insurance means produce for examination the relevant certificate of insurance or such other evidence as may be prescribed that the vehicle was not being driven in contravention of section 109. aforesaid, at the police-station at which he makes the report required by section 278. (3) No person shall be liable to conviction under sub-section (1) or sub-section (2), by reason, only of the failure to produce the certificate of insurance or the certificate of security and other documents mentioned in sub-section (2) if, within seven days from the date on which the production of the certificate was required under sub-section (1) or, as the case may be, from the date of occurrence of the accident, he produces the certificates and other documents to such police-station, as may have been specified by him, to the police officer or to the other authority, who required their production or, as the case may be, to the police officer at the site of the accident, or to the officer in charge of the police-station, at which he reported the accident under section 278: Provided that, except to such extent and with such modifications, as may be prescribed, the provisions of this subsection shall not apply to the driver of a transport vehicle. (4) The owner of a motor vehicle shall, give such information as he may be required, by or on behalf of a police officer, or by any other officer or person, empowered in this behalf by the Authority, to give for the purpose of determining whether the vehicle was or was not being driven in contravention of section 312, and on any occasion when the driver or the in charge of the motor vehicle was required under this section to produce his certificate of insurance or the certificate of security, as the case may be. As soon as, any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer or other authorized officer, the officer in charge of the police station shall forward a copy of the same within thirty days from the date of recording of information or, as the case may be, on completion of such report to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer or the giver of security, and where a copy is made available to the owner, he shall also within thirty days of receipt of such report, forward the same to such Claims Tribunal and the insurer. Any person who fails to comply with this section shall be guilty of an offence. In this section the expression "produce his certificate of insurance or the certificate of security or such other documents" means
(5)
(6) (7)
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produce for examination the relevant certificate of insurance or certificate of security or other documents, or such other evidence, as may be prescribed that the vehicle was not being driven or used in contravention of section 315 or other relevant provisions of the Act. 124. Production of certificate of insurance on application for authority to use vehicle 107 The [ Authority may make regulations] requiring the owner of any motor vehicle when applying whether by payment of a tax or otherwise for authority to use the vehicle in a public place to produce such evidence as may be prescribed by those to the effect that either(a) on the date when the authority to use the vehicle comes into operation there will be in force the necessary policy of insurance in relation to the use of the vehicle by the applicant or by other persons on his order or with his permission, or (b) the vehicle is a vehicle to which section 109 does not apply. 125. Co operative insurance 108 (1) The [ Authority] may, on the application of a co operative society of transport vehicle owners registered or deemed to have been registered 109 under the [ Co operative Societies Ordinance, 1985 (I of 1985)], or under an Act of Parliament governing the registration of Co operative Societies allow the society to transact the business of an insurer for the purposes of this Chapter, subject to the following conditions, namely:(a) the society shall establish and maintain a fund of not less than two hundred thousand Taka for the first fifty vehicles or fractional part thereof and pro rata for every additional vehicle in the possession, of members of and insured with the society and the said fund shall be lodged in such 110 custody as the Government may [ prescribe by rules] and shall not be available for meeting claims or other expenses except in the event of the winding up of the society; (b) the insurance business of the society shall except to the extent permitted under clause (d) be limited to transport vehicles owned by its members, and its liability shall be limited as specified in clause (b) of 333. Production of certificate of insurance on application for authority to use vehicle._ The Authority may make regulations requiring the owner of any motor vehicle when applying whether by payment of a tax or otherwise for authority to use the vehicle in a public place to produce such evidence as may be prescribed by those to the effect that either(a) on the date when the authority to use the vehicle comes into operation there will be in force the necessary policy of insurance or security in relation to the use of the vehicle by the applicant or by other persons on his order or with his permission, or the vehicle is a vehicle to which section 312 does not apply. Modified Modified
(b)
334. Co-operative insurance._ (1) The Authority may, on the application of a co-operative society of transport vehicle owners, registered or deemed to have been registered under the Co-operative Societies Act, 2001 (Act 47 of 2001), or under an Act of Parliament, governing the registration of Co-operative Societies, allow the society to transact the business of an insurer for the purposes of this Chapter, subject to the following conditions, namely:the society shall establish and maintain a fund, as may be prescribed, for every vehicle in the possession of its members, and insured with the society, and the said fund shall be lodged in such custody as may be prescribed, and shall not be available for meeting claims or other expenses except in the event of the winding up of the society; the insurance business of the society shall, except to the extent permitted under clause (d) be limited to transport vehicles owned by its members, and its liability shall be limited as specified in clause (b) of sub-section (1) of section 313; the society shall, if required by the Government, re-insure against claims above such amount as may be specified
(a)
(b)
(c)
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sub-section (2) of section 110; (c) the society shall if required by the Government re insure against claims above such amount as may be specified by the Government; (d) the society may, if permitted by the Government and subject to such conditions and limitation as may be imposed by it, accept re insurances from other societies allowed to transact the business of an insurer under this section; (e) the provisions of this Chapter, in so far as they relate to the protection of third parties and to the issue and production of certificates, shall apply in respect of any insurance effected by the society; (f) an independent authority not associated with the society shall be appointed by the Government to facilitate and assist in the settling of claims against the society; (g) the society shall operate on an insurance basis, that is to say(i) it shall levy its premium in respect of a period not exceeding twelve months, during which period the insured shall be held covered in respect of all accidents arising, subject to the limits of liability specified in clause (b) of sub section (1) of section 110; (ii) it shall charge premiums estimated to be sufficient, having regard to the risks, to meet the capitalised value of all claims arising during the period of cover, together with an adequate charge for expenses attaching to the issue of policies and to the settlement of claims arising thereunder; (h) the society shall furnish to the Insurance Regulatory Authoritythe returns required to be furnished by insurers under the provisions of the Insurance Act, 2010 (Act 13 0f 2010) , and the Insurance Regulatory Authoritymay exercise in respect thereof any of the powers exercisable by him in respect of returns made to him under the said Act; and (i) the society shall, in respect of any business transacted by it of the nature referred to in clause (ii) of the proviso to sub section (1) of section 110, be deemed to be an insurer within the meaning of sub-section (1) of section 10 and sub section (6) of section 13 of the Insurance Act, 2010 (Act 13 0f 2010) ; (2) The provisions of the Insurance Act, 2010 (Act 13 0f 2010) , relating to by the Government; (d) the society may, if permitted by the Government, and subject to such conditions and limitation as may be imposed by it, accept reinsurances form other societies allowed to transact the business of an insurer under this section; the provisions of this Chapter, in so far as they relate to the protection of third parties and to the issue and production of certificates, shall apply in respect of any insurance effected by the society; an independent authority not associated with the society shall be appointed by the Government to facilitate and assist in the settling of claims against the society; the society shall operate on an insurance basis, that is to sayit shall levy its premium in respect of a period not exceeding twelve months, during which period the insured shall be held covered in respect of all accidents arising, subject to the limits of liability specified in clause (b) of sub-section (1) of section 313; it shall charge premiums estimated to be sufficient, having regard to the risks, to meet the capitalized value of all claims arising during the period of cover, together with an adequate charge for expenses attaching to the issue of policies and to the settlement of claims arising there under; the society shall furnish to the Insurance Regulatory Authority the returns required to be furnished by insurers under the provisions of the Insurance Act, 2010 (Act 13 of 2010), and the Insurance Regulatory Authority may exercise in respect thereof any of the powers exercisable by him in respect of returns made to him under the said Act; and the society shall, in respect of any business transacted by it of the nature referred to in clause (ii) of the proviso to sub-section (1) of section 313, be deemed to be an insurer within the meaning of subsection (1) of section 26 and sub-section (6) of section 30 of the Insurance Act, 2010 (Act 13 0f 2010) The provisions of the Insurance Act, 2010 (Act 13 of 2010) , relating to the winding up of insurance companies shall to the exclusion of any other law inconsistent therewith and subject to such modification as may be prescribed; apply to the winding up of a co-operative society allowed to transact the business of an
(e)
(f)
(g) (i)
(ii)
(h)
(i)
(2)
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the winding up of insurance companies shall to the exclusion of any other law inconsistent therewith and subject to such modification as may be prescribed, apply to the winding up of a co operative society allowed to transact the business of an insurer under this section as if it were an insurance company; but save as hereinbefore provided, the Insurance Act, 2010 (Act 13 0f 2010) , shall not apply to any such society. 126. Duty to furnish particulars of vehicle involved in accident A registering authority or the officer in charge of a police station shall, if so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of motor vehicle, or if so required by an insurer against whom a claim has been made in respect of any motor vehicle, furnish to that person or to that insurer, as the case may be, on payment of the prescribed fee any information at the disposal of the said authority or the said police officer relating to the identification marks and other particulars of the vehicle and the name and address of the person who was using the vehicle at the time of the accident or was injured by it. insurer under this section as if it were an insurance company; but save as hereinbefore provided, the Insurance Act, 2010 (Act 13 0f 2010) , shall not apply to any such society.
335. Duty to furnish particulars of vehicle involved in accident._ A registering authority or the officer in charge of a police-station shall, if so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of motor vehicles, or if so required by an insurer or a security giver, against whom a claim has been made in respect of any motor vehicle, furnish to that person or to that insurer, as the case may be, on payment of the prescribed fee, if any, any information at the disposal of the said authority, or the said police officer, relating to the identification marks and other particulars of the vehicle, relevant documents of the vehicle and the driver, and the name and address of the person who was using the vehicle at the time of the accident, or was injured by it, and the property, if any, damaged, in such form and within such time, as the Authority may prescribe by regulations. 336. Compensation in case of hit and run motor accident._ (1) The Government or the Authority shall maintain or shall, cause a fund to be maintained, in accordance with the rules or regulations made in that behalf under this Act, to indemnify the compensation in respect of the death of, or grievous injury or non-grievous injury involving treatment in a hospital of any persons as an inpatient, resulting from hit and run motor accidents. The rules or regulations under sub-section (1), may provide forthe establishment of the fund as aforesaid for the payment of compensation; the manner in which the contribution under sub-section (3) or otherwise for the fund shall be collected and maintained; the manner in which the fund shall be administered, by the Government or by the Authority or any other public body
Modified
Inserted new
(2) (a) (b)
(c)
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established or Government; (d) authorized by the
the powers, functions or duties that may be conferred or imposed on any officer or authority as aforesaid in connection with the fund; the delegation, with the prior approval in writing of the Government or the Authority, the powers, functions by such officer or authority to any other officer or authority; all other matters connected with, or incidental to, the collection, maintenance and administration of the fund and the payment of compensation thereof; or the punishment for the contravention of any provisions of this section. Notwithstanding anything contained in any other law for the time being in force, or any instrument having the force of law, the insurance companies for the time being carrying on the business of insuring motor vehicles against third party risk, in Bangladesh, or carrying on general insurance business in Bangladesh, and any authorized insurer shall, provide such fund as may be prescribed, for paying compensation in accordance with the provisions of sub-section (1) and the rules or regulations made there under. Subject to the provisions of this Chapter, there shall be paid as compensation, under the provisions of sub-section (1), in respect of the death of, or grievous injury or non-grievous injury of any person, such sum, as may be prescribed, in this behalf from time to time, under clause (b) of subsection (1) of section 313 in respect of death or grievous injury or non-grievous injury. The provisions of sub-section (1) of section 339 shall, apply for the purpose of making applications for compensation under this section, as they apply for the purpose of making applications for compensation, referred to in that subsection. Before awarding compensation in respect of an accident involving the death of, or grievous injury or non-grievous injury to, any persons arising out of the use of a motor vehicle or motor vehicles under any provision of this Act (other than this section) or any other law, the Claims Tribunal, Court or other authority, awarding such compensation shall verify, as to whether in respect of such death, injury, grievous or non-grievous compensation has already been paid under this section or an application for
(e)
(f)
(g) (3)
(4)
(5)
(6)
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payment of compensation is pending under this section, and such Tribunal, Court or other authority shall,(a) if compensation has already been paid under this section, direct the person liable to pay the compensation awarded by it to refund to the insurer, so much thereof as is required to be refunded in accordance with the provisions of sub-section (7); or if, an application for payment of compensation is pending under this section, forward the particulars as to the compensation awarded by it to the insurer. The payment of compensation under this section, shall be subject to the condition that, if any compensation or other amount in lieu of, or by way of satisfaction of a claim for compensation, is awarded or paid in respect of such death of, or grievous injury, or non-grievous injury, under any other provisions of this Act, or under any other law or otherwise, so much of the compensation or oher amount aforesaid, as is equal to the compensation paid under this section, shall be refunded to the insurer or the security giver, or other person or body, as the case may be. Explanation._For the purpose of this section, an application for compensation under this section shall be deemed to be pending(a) if such application has been rejected, till the date of the rejection of the application; and in any other case, till the date of payment of compensation in pursuance of the application. Inserted new
(b)
(7)
(b)
337. Compensation on structured formula basis._ (1) Notwithstanding anything contained in this Act, or in any other law for the time being in force, or instrument having the force of law, the owner of the motor vehicle, or the authorized insurer or the security giver, as the case may be, shall be liable to pay in the case of death or grievous or nongrievous injury, due to accident arising out of the use of motor vehicle on a road or in a public place, compensation, as may be prescribed by rules or regulations, on the basis of any structured formula, devised, keeping in view the annual income, age and the loss of income of the victim, which may also be revised, from time to time, considering the national cost of living, to the legal heirs or the victim, as the case may be. In any claim for compensation under sub-
(2)
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section (1), the claimant shall not be required to plead or establish, that the death or grievous or non-grievous injury, in respect of which the claim has been made was, due to any wrongful act or neglect or default, of the driver or the owner of the vehicle or vehicles concerned, or of any other person. 127. Claims Tribunals The District Judge having jurisdiction over the area shall constitute Motor Accidents Claims Tribunal (hereinafter referred to as Claims Tribunal) for that area for the purposes of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, or damages to any property of persons arising out of the use of motor vehicles: Provided that in such districts where there is no District Judge, the Government may appoint a person who is or has been a District Judge to be Claims Tribunal. 338. Claims Tribunals._ (1) The District Judge having jurisdiction over the area shall constitute Motor Accidents Claims Tribunal (hereinafter referred to as Claims Tribunal) for that area for the purposes of adjudicating upon claims for compensation in respect of accidents involving the death of, grievous, or bodily injury to, or damages to any property of persons arising out of the use of motor vehicles: Provided that, in such districts where there is no District Judge, the Government may appoint persons who is or has been a District Judge or who is qualified for appointment as a District Judge, to be Claims Tribunal. (2) Where two or more Claims Tribunals are constituted for any area, the Government, may by order, regulate the distribution of business among them. Explanation._For the removal of doubts, it is hereby declared that the expression "claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles" includes claims for compensation under section 318, 336 or 337. 128. Application for compensation (1) An application for compensation arising out of an accident of the nature specified in section 127 may be made(a) by the person who has sustained injury or whose property has been damaged; or (b) where the death has resulted from the accident, by all of or any of the legal heirs of the deceased; or (c) by any agent duly authorised by the person injured or by all or any of the legal heirs of the deceased, as the case may be: Provided that where all the legal heirs of the deceased have not joined in any such application for compensation the application shall be made on behalf of or for the benefit of all the legal heirs who have not so joined, shall be impleaded as 339. Application for compensation._ (1) An application for compensation arising out of an accident of the nature specified in sub-(1) of section 338 may be madeby the person who has sustained injury or whose property has been damaged; or where the death has resulted from the accident, by all of or any of the legal heirs of the deceases; or by any agent duly authorized by the person injured or by all or any of the legal heirs of the deceased, as the case may be: Provided that where all the legal heirs of the deceased have not joined in any such application for compensation, the application shall be deemed to have been made on behalf of or for the benefit of all the legal heirs of the deceased, and the legal heirs who have not so joined, shall Modified Modified
(a) (b)
(c)
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respondents to the application. (2) Every application under sub section (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred and shall contain such particular as may be prescribed. (3) No application for compensation under this section shall be entertained unless it is made within six months of the occurrence of the accident: Provided that the Claims Tribunal may entertain the application after expiry of the said period of six months if it is satisfied that the applicant was prevented by sufficient cause from making the application in time. be impleaded as respondents to the application. (2) Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred, or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business, and shall be in such form and contain such particulars as may be prescribed: Provided that where no claim for compensation under section 321 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant. (3) No application for compensation under this section shall be entertained unless it is made within six months of the occurrence of the accident: Provided that the Claims Tribunal may entertain the application after expiry of the said period of six months if it is satisfied that the applicant was prevented by good cause from making the application in time. (4) Any report of accidents under sub-section (5) of section 335, forwarded to the Claims Tribunal, shall be treated as an application to it, for compensation under this Act. Modified
129. Option regarding claims for compensation cases Notwithstanding anything contained in any other law for the time being in force where the death or bodily injury to any person gives rise to a claim for compensation under this Ordinance or any other law, the person entitled to compensation may claim such compensation under this Ordinance and also under any other law.
340. Option regarding claims for compensation cases._ (1) Notwithstanding anything contained in any other law for the time being in force where the death or bodily injury to any person gives rise to a claim for compensation under this Act or any other law, the person entitled to compensation may claim such compensation under this Act and also under any other law. Where a person is entitled to claim compensation under section 318 and also under section 337, he shall file the claim under either of the said sections and not under both. Where a person claims compensation under section 336, he shall not be entitled to claim compensation under any other provisions of this Act or any rules or regulations made there under. Notwithstanding anything contained in the Bangladesh Labor Act, 2006 (Act 42 of 2006) where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the said Labor Act, the person entitled to compensation may without
(2)
(3)
(4)
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prejudice to the provisions of this Chapter, claim such compensation under both the Acts. 130. Procedure to be followed by Claims Tribunal On receipt of an application for compensation made under section 128, the Claims Tribunal shall, after issuing a notice under registered post (acknowledgement due) to the owner or owners and the insurer of the motor vehicle concerned or any other party affected or connected and after giving the parties an opportunity of being heard, hold an inquiry into the claim and may make an award determining the amount of compensation which appears to be just, and specifying the person or person to whom the compensation shall be paid, and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by any other party, by all or any of them, as the case may be. 341. Procedure and award by Claims Tribunal._ (1) On receipt of an application for compensation made under section 339, the Claims Tribunal shall, after issuing a notice under registered post (acknowledgement due) to the insurer, or the owner or owners of the motor vehicle concerned, or any other party affected or connected, as the case may be, and after giving the insurer, owner(s) and the parties concerned, as the case may be, an opportunity of being heard, hold an inquiry into the claim(s) and subject to the provisions of sub-sections (6) and (7) of may make an award, section 336, determining the amount of compensation which appears to be just, and specifying the person or persons to whom the compensation shall be paid, and in making the award the Claims Tribunal shall, specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident, or by other party, by all or any of them, as the case may be. Provided that where such application makes a claim for compensation under section 318, in respect of the death or grievous injury of any person, such claim and any other claim (whether made in such application or otherwise) for compensation in respect of such death or grievous injury shall be disposed of in accordance with the provisions of this Chapter. (2) The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award. When an award is made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcing the award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct.
(3)
131. Procedure and powers of Claims Tribunal (1) In holding an inquiry under section 130, the Claims Tribunal may, subject 111 to any [ regulations] that may be made in this behalf, follow such summary procedure as it thinks fit for
342. Procedure and powers of Claims Tribunal._ (1) In holding an inquiry under section 341, the Claims Tribunal may, subject to any regulations that may be made in this behalf, follow such summary procedure as
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quick adjudication of any claim. (2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and on enforcing the attendance of witness and of compelling the discovery of and production of documents and material objects and for such other purposes as may be prescribed, and the Claims Tribunal shall be deemed to be a Civil Court for all purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (Act V of 1898). (3) Where in the course of any inquiry the Claims Tribunal is satisfied that(a) there is collusion between the person making the claim and the person against whom the claim is made; or (b) the person against whom the claim is made has failed to contest the claim; it may, for reasons to be recorded by it in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made. 112 (4) Subject to any [ regulations] that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudication upon the claim for compensation, choose one or more persons possessing special knowledge of any matter relevant to the inquiry to assist it in holding the inquiry. 132. Award of compensatory costs in certain cases (1) Any Claims Tribunal adjudicating upon any claim for compensation under this Ordinance may, in any case, where it is satisfied for reasons to be recorded by it in writing that(a) the policy of insurance is void on the ground that it was obtained by representation of fact which was false in any material particular, or (b) any party or insurer has put forward a false or vexatious claim or defence, such as Claims Tribunal may make an order for the payment by the party who is guilty of misrepresentation, by whom such claim or defence has been put it thinks fit for quick adjudication of any claim. (2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and on enforcing the attendance of witness and of compelling the discovery of and production of documents and material objects and for such other purposes as may be prescribed, and the Claims Tribunal shall be deemed to be a Civil Court for all purposes of section 195 and Chapter XXXV of the Code of Criminal Procedure, 1898 (Act V of 1998). Where in the course of any inquiry the Claims Tribunal is satisfied thatthere is collusion between the person making the claim and the person against whom the claim is made; or the person against whom the claim is made has failed to contest the claim; it may, for reasons to be recorded by it in writing, direct that the insurer who may be liable in respect of such claim, shall be impleaded as a party to the proceeding and the insurer so impleaded shall thereupon have right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made. (4) Subject to any regulations that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudication upon the claim for compensation, choose one or special more persons possessing knowledge of any matter relevant to the inquiry to assist it in holding the inquiry.
(3) (a)
(b)
343. Award of compensatory costs in certain cases._ (1) Any Claims Tribunal adjudicating upon any claim for compensation under this Act may, in any case, where it is satisfied for reasons to be recorded by it in writing thatthe policy of insurance or the security is void on the ground that it was obtained by representation of fact which was false in any material particular; or any party or insurer has put forward a false or vexatious claim or defence; the Claims Tribunal under sub-section (1) may, make an order for the payment by guilty of the party who is misrepresentation, or by whom such claim
(a)
(b)
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forward, of special costs by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defence has been forward: Provided that in case of void and defective policy, the Claims Tribunal may make an order for payment by the insurer to the party affected. (2) No person or insurer against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of such misrepresentation, claim or defence as is referred to in sub-section (1). (3) Any amount awarded by way of compensation under this section in respect of any misrepresentation, claim or defence shall be taken into accounts in any subsequent suit for damages, for compensation in respect of such misrepresentation, claim or defence. or defence has been put forward, of special costs, not exceeding the amount, as may be prescribed, by way of compensation to the insurer or, as the case may be, to the party against whom such claim or defence has been put forward: Provided that in case of void and defective policy, the Claims Tribunal may make an order for payment by the insurer to the party affected. (2) No person or insurer against whom an order has been made under this section shall, by reason thereof, be exempted from any criminal liability in respect of such misrepresentation, claim or defence as is referred to in sub-section (1). Any amount awarded by way of compensation under this section in respect of any misrepresentation, claim or defence shall be taken into accounts in any subsequent suit for damages, for compensation in respect of such misrepresentation, claim or defence. Modified
(3)
133. Appeals Any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court Division: Provided that the High Court Division may entertain the appeal after expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
344. Appeals._ (1) Subject to the provision of sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court Division: Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it fifty thousand rupees or fifty per cent, of the amount so awarded, whichever is less, in the manner directed by the High Court Division: Provided further that the High Court Division may entertain the appeal, after expiry of the said period of ninety days, if, it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2) No appeal shall lie against any award of a Claims Tribunal, if the amount in dispute in the appeal is less than fifty thousand taka.
134. Recovery of money due under award Where any money is due from any person under an award, the Claims Tribunal may, on an application made to it by the person entitled to the money, issue a certificate for the amount, which shall be executed as a decree of a Civil Court.
345. Recovery of money due under award._ Where any money is due from any person under an award, the Claims Tribunal may, on an application made to it by the person entitled to the money, issue a certificate for the amount, which shall be executed as a decree of a Civil Court.
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135. Bar on the jurisdiction of Civil Courts No Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for any area, and no Civil Court shall have power to issue injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation under this Ordinance. 136. Power to make [ regulations] 114 (1) The [ Authority may make regulations] for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality 115 of the foregoing power, such [ regulations] may provide for (a) the forms to be used for the purposes of this Chapter; (b) the making of applications for and the issue of certificates of insurance; (c) the issue of duplicates to replace certificates of insurance mutilated, defaced, lost or destroyed; (d) the custody, production, cancellation and surrender of certificates of insurance; (e) the records to be maintained by insurers of policies of insurance issued under this Chapter; (f) the identification by certificates or otherwise of persons or vehicles exempted from the provisions of this Chapter; (g) the furnishing of information respecting policies of insurance by insurers; 116 [ * * *] (i) adapting the provisions of this Chapter to vehicles brought into Bangladesh by persons making only a temporary stay therein by applying those provisions with prescribed modifications; (j) the form of application for claims for compensation and the particulars it may contain, the fees, if any, to be paid in respect of such application; (k) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter; (l) the powers vested in a Civil Court which may be exercised by a Claims Tribunal; m) the form and manner in which, and the fees, if any, on payment of which an appeal may be preferred against an award of a
113
346. Bar on the jurisdiction of Civil Courts._ Where any Claims Tribunal has been constituted for any area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for any area, and no Civil Court shall have power to issue injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation under this Act. 347. Power to make regulations._ (1) The Authority may make regulations for the purpose of carrying into effect the provisions of this Chapter. Without prejudice to the generally of the foregoing power, such regulations may provide forthe forms to be used for the purposes of this Chapter; the making of applications for and the issue of certificates of insurance and certificates of security and any other document which may be prescribed; the keeping of records of documents and providing of particulars of them or the giving of information with respect to them to the Authority, registering authority, police, insured and such others; the issue of copies of such certificates or documents to replace certificates or documents mutilated, defaced, lost or destroyed; the custody, production, cancellation and surrender of any such certificates or documents; the records to be maintained by insurers of policies of insurance issued or security given under this Chapter; the identification by certificates or otherwise of person or vehicles exempted from the provisions of this Chapter; the furnishing of information, returns respecting, authorized insurers and policies of insurance or security by authorized insurers; adapting the provisions of this Chapter to vehicles brought into Bangladesh by person making only a temporary stay therein by applying those provisions with prescribed modifications and adaptations; the form of application for claims for compensation and the particulars it may contain, and the fees, if any, to be paid in
Modified
Modified
(2)
(a) (b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
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Claims Tribunal; and (n) any other matter which is to be or may be, prescribed. respect of such applications; (k) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter; the powers vested in a Civil Court which may be exercised by a Claims Tribunal; the form and manner in which, and the fees, if any, on payment of which an appeal may be preferred against an award of a Claims Tribunal; and any other matter which is to be or may be, prescribed.
(l) (m)
(n)
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Contents
CHAPTER XX : PLANNING AND CO-ORDINATION ................................................................ 399 348. 349. Establishment of a planning and regulatory institution._ ........................................ 399 Power to make rules._..................................................................................................... 403
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -XX
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER XI MISCELLANEOUS Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER XX : PLANNING AND COORDINATION 348. Establishment of a planning and regulatory institution._ (1) In order to ensure effective planning, coordination, implementation, regulation and systematic monitoring of road transport facilities and services as well as to provide advice, guidelines and technical support to the Authority and all other agencies concerned in the matter of road transports and traffic, road transport facilities and services, integrated public transport system including rapid transit system, there shall be established by the Government, an independent capable body in the name of Institute of Road Transports, in brief IRT, with such number of executives, professionals, researchers, who have had wide experience of, and shown capability in, road transports and industrial, commercial, road traffic, financial or legal matters, administration, applied science, or the organisation of workers, and other staff, as it may consider necessary, for efficient discharge of the functions and duties assigned to the IRT. Without prejudice to the powers and functions conferred under the Act or the rules or regulations made there under, the IRT shall exercise the powers and discharge the functions and perform the duties as specified hereunder or as may be prescribedto coordinate the activities undertaken by all concerned agencies, for securing a safe, efficient, improved and modern road transport facilities and services including bus rapid transit (BRT), both in the public and private sectors, in the cities and elsewhere to adequately serve passenger and freight demands; to advise and guide the Authority and other agencies responsible, to resolve unendurable road traffic congestion in the cities and elsewhere; to coordinate development strategy, interagency co-operation and structural development plans relating to road transportation and traffic, in the cities and 20-399 Remarks Proposed a new law to replace the MVO 1983 Modified Inserted new
(2)
(a)
(b)
(c)
elsewhere; (d) to ensure that land development plans in the cities and elsewhere, incorporate public transport transit facilities and integration between different modes of public transport and services; to advise and give guidelines in order to regulate the constructions of high rise and commercial buildings, market places, refueling stations and service centres and the management of traffic at these places with traffic circulation plans; to advise with due regard to the efficiency, economy and safety of operation, the road transports need, passenger and freight, public and private, of the cities, districts and elsewhere; to advise preparation of schemes for the improvement of road transportation and traffic system in the cities and elsewhere; to advise design, erection and maintenance of road traffic signs-signals and any other traffic control devices; to advise improved registration and licensing procedures and systems for road transports and drivers, workers and operators of such vehicles; to give guidelines in the formulation of franchise, BRT policies and rules and implementation of such policies and rules; to advise selection and development of franchised routes and bus rapid transit system and facilities; to advise effective planning, implementation and regulation of franchise, bus services including BRT and monitoring of such services under franchise and for such other related functions; to design and give guidelines for implementation of bus route networks in the cities and elsewhere that effectively meets the demand of bus users; to advise plan and design of comprehensive route network of passengers and freights, for hire or reward, on any road or area, in cities and elsewhere; to advise standards, construction and safety aspects and procedures for type approval of motorized and non-motorized vehicles; to advise facilities for inspection and testing of both motorized and nonmotorized vehicles, standards and procedures for such inspection annd test; to advise rules and procedures for 20-400
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
conversion, retrofitment, certification and testing centres of gas (Natural Gas (NG), Compressed Natural Gas (CNG), Liquid Natural Gas (LNG), Liquified Patroleum Gas (LPG) or hydrogen gas operated vehicles and pollution checking centres for different types of vehicles; (r) to advise load limits for different types of motor vehicles, provide guidelines, requirements and procedures for the issue of vehicle mass and dimension permits; to advise and give guidelines on research and demonstration projects in respect of road transports system and services including BRT and traffic system and associated matters; to provide specifications of buses,safety standards, type of comfort and amenities, size of fleet, investment business plan for bus services including franchise and BRT services for cities and elsewhere; to advise formulation of policies on transit and transport, implementation of transit, transport and traffic related projects; to advise management of spaces along roads and parking in consideration of the area and structural plan of the cities and elsewhere; to advise formulation of policies on security and facilities of pedestrians and non-motorized traffic on the roads, in the cities and elsewhere, and to ensure coordination and implementation of the policies; to advise Rules to be observed by all road users, whether drivers, pedestrians, or passengers or otherwise, to ensure safe and equitable use of highways, parking places, halting places and the places for loading and unloading of passengers and goods to the benefit of everyone; to advise and to give guidelines for fixing maximum-minimum speed for vehicles, speed restrictions, speed detection and measuring devices and enforcement strategy and method of implementation; to give guidelines for creating more favorable market condition for high capacity bus operation and for incentives to new investors in the bus industry;
(s)
(t)
(u)
(v)
(w)
(x)
(y)
(z)
(aa) to give guidelines to prevent aggressive, unsafe and uneconomic competition in the public transport service sector, (bb) to give guidelines on the bidders operational and financial capability to provide safe, reliable and comfortable services;
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(cc) to give guidelines for evaluation of tender for a franchise, taking into account the of investment being made, level specification of buses, fare scale proposed to be charged, time required for making the service operational, age of the buses, depot, parking and workshop facilities, ticketing system, maintenance and servicing program and bus scrapping and purchase program; (dd) to give guidelines to replace the present thousands of fragmented ownership and operators in the public transport service sector by introducing small number of large operators (companies); (ee) to advise formulation of policies on the control and regulation of public transports and tansit system and implementation of such policies; (ff) to advise and give guidelines for an integrated public transport system with other modes of transport and surrounding developments, for reliable, continued and convenient travel within the public transport system and enhanced passenger services;
(gg) to advise and give guidelines for networkwide efficient and co-ordinated movements of passengers on rapid transit systems for sustainability, adequacy, optimisation of capacity across the network, safety and security of life and property; (hh) to advise, having regard to the safe mobility, convenient, comfortable and reliable services at affordable cost to users, and at the same time, the frequency of operation, financial standing of the franchisee or others, his experience and ability to maintain and operate an adequate, satisfactory, safe and efficient public vehicle fleet, under most cost effective operating arrangements, and the full recovery of costs and a reasonable return on management and assets invested, the general level and structure of the fares and freights to be charged for public passenger and freight transport services by the franchisee or others; (ii) to advise and give guidelines with terms and conditions, to exempt from taxes or to make grants or subsidy to the operators of public passenger transport services in the cities and elsewhere; to advise levy of taxes, fees and charges on road transports and transit;
(jj)
(kk) to advise formation of company or borrowing or sale of shares by the 20-402
Authority or any other agency for the implementation of any projects or to make grants or subsidy to any public passenger transport service operator; (ll) to advise and provide guidelines to grant travel concession permit to senior citizens (persons who have attained pensionable age), blind persons or persons suffering from any disability or injury (impairs ability to walk or work);
(mm) to advise maximum number of vehicles of different types and categories for licensing purposes in different cities, districts and other areas; (nn) to advise prevention of environment pollution by road transports, traffic and transit system; (oo) to advise the Authority and all other agencies concerned and provide guidelines, plans and schemes for the improvement of road safety; (pp) to exercise or discharge such other power and functions as may be conferred or assigned by the Government or by the Authority or as may be prescribed; and (qq) to advise and give guidelines in order to regulate the constructions of high rise and commercial buildings, market places, refueling stations and service centres and the management of traffic at these places. (3) Any proposal, scheme or project relating to road transports, traffic and transit, or road transport facilities or services including any bus or BRT sevice, by the Authority or any other agency, whether in the public or private sector, shall be approved or implemented, or any agreement relating to any of these matters shall be signed, unless advised or agreed by the IRT. Inserted new
349. Power to make rules._ (1) The Government may make such rules as it may consider expedient for prescribing anything which may be prescribed under this Chapter, and otherwise for the purpose of carrying into effect or to supplement the provisions of this Chapter. Without prejudice to the generality of the foregoing power, rules under this Chapter may be made with respect to all or any of the following matters, namelythe manner of appointment, conduct and discipline and the terms and conditions of service of the officers and employees of the IRT; for the purposes of efficient discharge of functions and duties by IRT, and any
(2)
(a)
(b)
20-403
officer or staff or person under employment; (c) its
the payment of gratuities, pensions and other benefits to officers and employees of the IRT; the fees to be charged in respect of anything done or any services rendered by the IRT or by the officers and employees of the IRT under or by virtue of this Act or this Chapter; the fees in respect of the supply of information maintained by the IRT in relation to its functions; fees in respect of surveys or searches and/or the sale or copying of any maps, plans or other documents made or maintained by the IRT; the exemption, with or without conditions, of any organization, agency, persons, or classes of persons, or body od persons, or vehicles or classes of vehicles, or any scheme or project from the necessity of complying with any of the requirements of this Chapter; any other matter which is to be or may be prescribed.
(d)
(e)
(f)
(g)
(h)
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Contents
CHAPTER XXI : OFFENCE AND PENALTY PROCEDURES ..................................................... 405 350. 351. 352. 353. 354. 355. 356. 357. 358. 359. 360. 361. 362. 363. 364. 365. 366. 367. Liability of offence under the Act._ ............................................................................... 405 Prosecution officer._ ........................................................................................................ 406 Presumptions in respect of a Public service vehicle._ .............................................. 407 Provisions for punishment of offences._ ..................................................................... 407 Provisions as to evidence._ ............................................................................................ 408 Evidence of previous conviction._ ................................................................................. 412 Special procedure for trial of offence._ ....................................................................... 420 Power to order appearance in court._ ......................................................................... 421 Power of arrest without warrant._ ................................................................................ 422 Power to charge certain offenders on the spot._ ...................................................... 424 Summary disposal of cases._ ........................................................................................ 428 Cognizance of offence._ .................................................................................................. 428 Service of notices and summonses._ ........................................................................... 428 Restriction on conviction._ ............................................................................................. 430 Courts to send intimations about conviction._........................................................... 431 Jurisdiction of Courts._ .................................................................................................... 431 Compounding of Offence._ ............................................................................................. 432 Power to make regulations._ ......................................................................................... 433
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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -XXI
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER X OFFENCES, PENALTIES AND PROCEDURE 147. Punishment for abetment of certain offences Whoever abets the commission of an offence under section 143, or 145, shall be punishable with the punishment provided for the offence. Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER XXI : OFFENCE AND PENALTY PROCEDURES 350. Liability of offence under the Act._ (1) It is an offence for any person, who without lawful excuse, proof of which shall lie on himrefuses or neglects to do anything, he is required to do, by or under this Act; or fails to comply with any orders or instructions issued, or the requirements of any notice served on him under this Act, or any rules or regulations made there under; or Contravenes, neglects, or violates or fails to comply any of the provisions of this Act or any rules or regulations made there under. Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act, declared in this Act or in the rules and regulations made, or any orders or instructions issued there under, to be an offence, whether individually or in connection with one or more other persons, or as a principal, agent or accessory, shall be guilty of such offence; and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of this Act or of the rules and regulations made there under is likewise guilty of such offence. If any one, committing an offence under this Act, is a company or a corporation, or a Government Department, the officials of the organization including the top person who is privy to the offence, shall be deemed to be guilty of the offence, and shall also be liable to the punishment, provided for the offence, unless he proves that the offence was committed without his consent or connivance, and that he had exercised all due diligence to prevent the commission of the offence, as he ought to have exercised, having regard to the nature of his functions, in that capacity, and to all the circumstances of the case. Remarks Proposed a new law to replace the MVO 1983
(a) (b)
(c)
(2)
(3)
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(4) It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicle upon a highway or on a road or in any public place or in any manner contrary to this Act. Except, where otherwise required by this Act, any act or omission, by whoever was the driver of a motor vehicle, at the material time, shall for the purpose of any prosecution or proceedings under this Act, be deemed to be the act or omission of the registered owner, unless he satisfies the court, that he took all reasonable steps and precautions, to prevent such act or omission: Provided that this sub-section shall not apply to an act or omission of a person in driving a motor vehicle in contravention of sections 253 to 259. (6) Proceedings for a penalty under this Act may be brought at any time, within a period of twelve months from the date on which the offence was committed. Whoever abets the commission of an offence against this Act shall be punishable with the punishment provided for the offence. Inserted new
(5)
(7)
351. Prosecution officer._ (l) Proceedings for an offence against this Act or for an offence against any rules or regulations or order made by an appropriate authority under this Act, shall be instituted or conductedby or on behalf of the Public Prosecutor; or by any police officer not below the rank of Sub-Inspector or Sergeant; or by any road transport officer authorized by the Authority; or by any officer of the Authority who is authorised to do so either generally or in any particular case by the Authority; or by any officer of an appropriate authority; or any other prescribed authority or officer. Any money that is recovered by way of fine for committing an offence under this Act shall be paid into the Revenue Fund established under section 19 or into the fund prescribed, and any part or whole of the fund may be utilized for the promotion of road safety or for such other purposes as may be prescribed.
(a) (b) (c) (d)
(e) (f) (2)
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352. Presumptions in respect of a Public service vehicle._ In any proceedings for an offence, in respect of a transport/ public service vehicle, in so far as it may be necessary to establish the offence charged, it shall be presumed until the contrary is proved(a) (b) that any conveyance of persons or goods in such a vehicle was for hire or reward; that the passengers carried in a motor vehicle were being carried in consideration of separate payments made by them; that a vehicle is not a vehicle in relation to which any Authorization Certificate under Chapter V has been granted; that any person is not the holder of a license granted under the provisions of Chapter III or IV in respect of a motor vehicle; that any person is the owner of a motor vehicle; and that any person is the holder of a permit or a license or franchise granted under Chapter VII, VIII or IX. Modified Inserted new
(c)
(d)
(e) (f)
137. General provision punishment of offence
for
353. Provisions for punishment of offences._ (1) Any person, who contravenes any of the provisions of this Act or any rules or regulations made there under, or any orders or instructions or notice issued under the authority of the Act or any rules or regulations made there under, shall be guilty of an offence. (2) Whoever, as driver or conductor or owner or employer, or otherwise than as such a person, contravenes of this Act, or of any rules or regulations made there under, or any orders or instructions or notice issued there under, and thereby commits, or aids or abets the commission of an offence under this Act, or any rules or regulations made there under, or any orders or instructions or notice issued there under, may be charged with an appropriate offence, specified in the Schedule of this Act or any offence as prescribed by the Government or by the Authority and, if found guilty, shall be punished with the penalties as provided against the offence in the said Schedule or as prescribed: Provided that the Government may, by order published in the official Gazette, add to, amend or vary the Schedule. (3) One unit of penalty shall be equivalent to two hundred taka: Provided that the Government may, if
Whoever contravenes any provision 117 of this Ordinance or of any [ rules or regulations] made thereunder shall, if no other penalty is provided for the offence, be punishable with fine which 118 may extend to [ two hundred] Taka, or, if having been previously convicted of any offence under this Ordinance he is again convicted of an offence under this Ordinance, with fine which 119 may extend to [ four hundred] Taka.
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deems fit, by notification published in the official Gazette, re-fix it to a higher amount: Provided further that, if it considers necessary, the Government or the Authority may prescribe penalty not exceeding fifteen penalty units in respect of any offence for which no penalty has been specified in this Act. (4) Any order or notification made, or any penalty prescribed under sub-section (2) or (3), shall be placed before the Parliament for approval, as soon as possible, when it is in session; and the order or the notification or any part of it, not approved by the Parliament, shall not be valid without prejudice to the validity of anything previously done there under or to the making of new order or notification. A driver, who is found guilty, for committing any of the offence, specified in the Schedule, shall, in addition to the penalty provided for the offence, in the said Schedule, be awarded with the demerit points specified against the offence. The Authority, shall keep in the prescribed manner, a Demerit Register, and shall record against the holder of a driving license, any demerit points that are incurred by him, and the circumstances in which demerit points are incurred, and the number of points incurred, and shall serve notice, in the prescribed form, in the prescribed manner, to the holder thereof, who incurs twelve or more demerit points, in any three year period, and the driving license of such a person, shall remain suspended for such period not less than six months and not exceeding two years, from the date specified in the notice served; however, if the Authority considers it necessary in the interest of public service, under a very special circumstances such driver may be allowed to continue driving as a probationer driver for such period as the Authority may think fit. Inserted new
(5)
(6)
354. Provisions as to evidence._ (1) A registration certificate shall be prima facie evidence of the registration of the motor vehicle referred to therein, and of the particulars appearing in the register relating to such motor vehicle and the registered owner thereof. A copy of any entry in any register required to be kept under this Act or under any rules or regulations made there under,
(2)
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purporting to be signed by or on behalf of the person who, under this Act or under any rules or regulations made there under, is required to keep such register, and certified by or on behalf of such person to be a true copy thereof, shall be evidence of the matters stated in that entry without proof of the signature or authority of the person signing the said entry or the said certificate. (3) When in any proceedings for an offence against this Act, it is necessary to prove thata motor vehicle was, or was not, registered in the name of any person; any person was, or was not, the registered owner of a motor vehicle; or any person was, or was not, the holder of a driving license; or any person was, or was not, the holder of an Authorization certificate, or any person was, or was not, the holder of a permit; or any person was, or was not, the holder of a paublic transport service operators license or franchise; or any person was, or was not, the holder of such other document or certificate granted under this Act or under any rules and regulations made there under; a certificate purporting to be signed by or on behalf of the person who, under this Act or under any rules or regulations made there under, granted such document or certificate, and certified by or on behalf of such person to be a true copy thereof, shall be evidence of the matters stated in that document without proof of the signature or authority of the person signing the said document or the said certificate; or a certificate purporting to be signed by a road transport officer not below the rank of an Assistant Director, and certifying the matters aforesaid shall be admissible as evidence, and shall constitute prima facie proof of the facts certified in such certificate, without proof of the signature of the person who granted it, to such certificate. (4) When in any proceedings for an offence against this Act it is necessary to prove thata motor vehicle was, or was not, an authorised vehicle; or any person is, or is not a road transport officer; or 21-409
(a) (b) (c) (d) (e) (f)
(g)
(a) (b)
(c) (d) any person is, or is not an authorized officer; or any person is, or is not a competent authority; a certificate purporting to be signed by the respective Head of office, resposible for the matter, and certifying as to the matters aforesaid, shall be admissible as evidence, and shall constitute prima facie proof of the facts certified in such certificate, without proof of the signature of the head of office, to such certificate. (5) When in any proceedings for an offence against this Act, any question arises as to the damage or extent of damage caused to a motor vehicle as a result of an accident or whether a motor vehicle does, or does not, comply with any provision of this Act relating to the construction, equipment or conditions of use or road worthiness of such motor vehicle, the certificate of a authorized road transport officer of or above the rank of an Inspector of Motor Vehicles or other authorized officer, that he has examined the motor vehicle and the result of such examination shall be admissible in evidence, and shall be sufficient prima facie evidence of any fact or opinion stated therein relating to the construction, equipment or conditions of use or roadworthiness of such motor vehicle, and the officer may not be called for cross-examination on the certificate unless contrary evidence is given which appears to the court to be credible, or unless for any reason the court considers cross-examination to be necessary or desirable in the interest of justice: Provided that in any case in which the prosecution intends to give in evidence of any such certificate there shall be delivered to the defendant a copy thereof not less than ten clear days before the commencement of the trial. (6) When in any proceedings it is necessary to prove the weight unladen or laden of any vehicle, or the weight of any load carried on any vehicle, or the weight carried on any axle of the vehicle, a certificate purporting to be signed byany police officer not below the rank of Sub-inspector of police or police sergeant authorised in writing in this behalf by the respective Deputy Commissioner of Police or by the Superintendant of police; or any road transport officer authorised in writing in this behalf by the respective 21-410
(a)
(b)
Head of office; or (c) any officer of the Highway Authority, authorised in writing in this behalf by the respective Head of office; to operate the weigh-bridge or weighing machine on which the said vehicle or load was weighed, and certifying(i) that such weigh-bridge or weighing machine had been examined within the previous six months and found to be accurate; and the weight of such vehicle or load, shall be accepted by any court as prima facie proof of the facts certified in such certificate. (7) When in any proceedings before any court, it is necessary to prove that any police officer, any road transport officer or any public servant has sent or served, or has received or has not received, any badge, document, license, notice, plate or other thing, a certificate purporting to be signed by or on behalf of such police officer, road transport officer or public servant and certifying the sending, service, reception or non- reception of such badge, document, license, notice, plate or other thing, shall be admissible as evidence, and shall constitute prima facie proof of the facts certified in such certificate, without proof of the signature to such certificate. In any proceedings in any court, particulars of a conviction endorsed on a driving license granted under this Act, may be produced as prima facie evidence of the conviction. Where in any proceedings for an offence against this Act, it is necessary to prove that a helmet is or is not a protective helmet, or a seat-belt is or is not a safety seat-belt, prescribed under the rules or regulations made under this Act, a certificate purporting to be signed by the Director of the Road Transport Department, responsible for the matter or any officer of the Standards Institute of Bangladesh responsible for the matter, shall be admissible as evidence, and shall constitute prima facie proof of any fact or opinion stated therein, without proof of the signature of the said Director or officer to such certificate, and neither the Director nor any officer as aforesaid, shall be called for cross-examination on the certificate unless for any reason the court considers the cross-examination to be necessary or desirable in the interest of 21-411
(ii)
(8)
(9)
justice. (10) Where in any proceedings for an offence against this Act, it is necessary to prove that a component part is or is not a component part of the standard, quality or condition prescribed under the rules or regulations made under this Act, a certificate purporting to be signed by the Director of the Road Transport Department, responsible for the matter or any officer of the Standards Institute of Bangladesh responsible for the matter, shall be admissible as evidence, and shall constitute prima facie proof of any fact or opinion stated therein, without proof of the signature of the said Director or officer to such certificate, and neither the Director nor any officer as aforesaid, shall be called for cross-examination on the certificate unless for any reason the court considers the cross-examination to be necessary or desirable in the interest of justice. (11) When in any proceedings it is necessary to prove the speed of any vehicle, a certificate purporting to be signed by any authorized road transport officer who is an electrical, or a mechanical, or an automobile engineer and certifying that any equipment used for determining the speed of vehicles had been examined within the previous six months and found to be accurate shall be accepted by any court as prima facie proof of the facts certified in such certificate and such road transport officer shall not be called for crossexamination on the certificate unless for any reason the court considers the crossexamination to be necessary or desirable in the interest of justice. 355. Evidence of previous conviction._ (1) For the purpose of sentencing under this Act, when it is necessary to prove in any court that the offence for which a person is being convicted is a second or subsequent offence, a certificate purporting to be a record of his previous conviction, signed by any road transport officer of or above the rank of an Assitant Director authorized in writing in this behalf by the respective Head of Office; or any police officer of or above the rank of Assistant Commissioner of Police or equivalnt, authorized in writing in this behalf by the respective Deputy Commissioner of Police or the Superintedant of Police; 21-412 Inserted new
(a)
(b)
having custody of the records in which such conviction is kept, shall be admissible as evidence and shall constitute a prima facie proof of any fact stated therein. (2) The certificate under sub-section (1) shall only be admissible, if it is a record in respect of the same offence, and the conviction is obtained within five years from the date of the present conviction. Section 48, Ch 3
138. Driving without license Whoever drives a motor vehicle or public service vehicle or whoever causes or allows a motor vehicle or public service vehicle to be driven in contravention of the provisions of sub section (1) of section 3 shall be punishable with imprisonment which may extend to four months, or with fine which may extend to five hundred Taka, or with both.] 139. Fitting and using of prohibited horns or other sound producing device Whoever uses or being the owner or person in charge of motor vehicle fits, causes or allows fitting of any horns or any sound producing devices prohibited by any competent authority having jurisdiction over the area or prohibited under the provision of this 121 [ rules or Ordinance or any regulations] made thereunder or uses horn or any sound producing device where its use is prohibited shall be punishable with fine which may 122 extend to [ one hundred] Taka. 140. Disobedience of orders, obstruction and refusal of information (1) Whoever wilfully disobeys and 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 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 punishable with imprisonment for a 123 [ one term which may extend to month] or with fine which may extend 124 [ five hundred] Taka, or with to
To be deleted
Section 175 Ch 10
Section 252 Ch 13
21-413
both. (2) Whoever, otherwise than with lawful authority or reasonable excuse, drives or causes to be driven a motor vehicle in opposite direction on one way road or contrary to any notice shall be punishable with fine which 125 may extend to [ two hundred] Taka. 141. Offences relating to license (1) Whoever, being disqualified under this Ordinance for holding or obtaining a driving license, drives a motor vehicle in a public place or applies for or obtains a driving license or, not being entitled to have a driving license issued to him free of endorsement, applies for or obtains a driving license without disclosing the endorsements made on a driving license previously held by him or, being disqualified under this Ordinance for holding or obtaining a driving license uses in Bangladesh a driving license such as is referred to in sub section (2) of section 10, shall be punishable with imprisonment for a term which may 126 [ three months], or with extend to 127 [ five fine which may extend to hundred] Taka, or with both, and any driving license so obtained by him shall be of no effect. (2) Whoever, being disqualified under this Ordinance, for holding or obtaining a conductor's license, acts as a conductor of a stage carriage or a contract carriage in a public place or applies for or obtains a conductor's license, or not being entitled to have a conductor's license issued to him free of endorsement, applies for or obtains a conductor's license without disclosing the endorsement made on a conductor's license previously held by him, shall be punishable with imprisonment for a term which may 128 extend to [ one month] or with fine 129 which may extend to [ two hundred] Taka or with both, and any conductor's license so obtained by him shall be of no effect. (3) Whoever while driving a motor vehicle in a public place fails to produce his valid driving license whenever required to do so by any authority acting under this Ordinance 130 or any [ rules or regulations] made thereunder shall be punished with fine of fifty Taka. 142. Driving at excessive speed 131 [ (1) Whoever drives any motor Section 55 ch 3
Section 191 Ch 12 21-414
vehicle or a tractor or a locomotive in contravention of section 85 shall be punishable for a first offence with imprisonment for a term which may extend to one month or with fine which may extend to three hundred Taka or with both and for any subsequent offence with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both and his driving license shall be suspended for a period not exceeding one month. (2) Whoever causes any person who is employed by him or is subject to his control in driving to drive a motor vehicle in contravention of section 85 shall be punishable for a first offence with imprisonment which may extend to one month, or with fine which may extend to three hundred Taka, or with both and for any subsequent offence with imprisonment which may extend to three months, or with fine which may extend to five hundred Taka, or with both.] (3) and (4) [Omitted by section 20 of the Motor Vehicles (Amendment) Act, 1990 (Act No. XIX of 1990).] (5) No person shall be convicted of an 132 [ suboffence punishable under 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. (6) 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 that journey or part of a journey to be completed in the specified time without infringing the provisions of section 85, be prima facie evidence that the person who published the time table or gave the direction has committed an offence punishable 133 under [ sub-sections (2)]. 143. Driving recklessly or dangerously Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the Section 253 Ch 13
21-415
case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable on a first conviction for the offence with imprisonment for a term which 134 may extend to [ six months], or with 135 [ five fine which may extend to hundred] Taka, and his driving license shall be suspended for a specified period, and for a subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term 136 which may extend to [ six months], 137 or with fine which may extend to [ one thousand] Taka, or with both, and 138 [ his driving license shall be suspended for a period not exceeding one month]. 144. Driving while under the influence of drink or drug Whoever while driving or attempting to drive a motor vehicle is under the influence of drink or drug to such extent as to be incapable of exercising proper control over the vehicle, shall be punishable for a first offence with imprisonment which may extend to three months, or with fine which may extend to one thousand Taka, or with both, and for a subsequent offence with imprisonment which may extend to two years, or with fine which may extend to one thousand Taka, or with both and his driving license shall be suspended for a specified period.] 145. Driving when mentally or physically unfit to drive 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 140 punishable [ for a first offence with fine which may extend to five hundred Taka and his driving license shall be suspended for a specified period and for a subsequent offence with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka or, with both]. 146. Punishment for relating to accidents offence Section 258 Ch 13
Section Ch13
25
Section Ch15
278
21-416
Whoever fails to comply with the provisions of clause (c) of sub section (1) of section 102 or, of section 104 shall be punishable with imprisonment 141 [ for a term which may extend to three months], or with fine which may 142 [ five hundred] Taka, or extend to with both or, if having been previously convicted of an offence under this section, with imprisonment for a term 143 which may extend to [ six months], 144 [ or with fine which may extend to one thousand] Taka, or with both. 147. Punishment for abetment of certain offences Whoever abets the commission of an offence under section 143, or 145, shall be punishable with the punishment provided for the offence. 148. Racing or a trial of speed Whoever without the written consent of the Government permits or take part in a race or trial of speed between motor vehicles in any place shall be punishable with imprisonment 145 for a term which may extend to [ one month], or with fine which may 146 [ five hundred] Taka, or extend to with both, and his driving license shall be suspended for a period which may 147 extend to [ one month]. 149. Using vehicle in unsafe condition 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 punishable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred and fifty Taka, or with both, or, if as a result of such defect an accident is caused, causing bodily injury or damage to property, with imprisonment which may extend to three months, or with fine which may extend to one thousand Taka, or with both.] 150. Using of motor vehicles emitting smokes (1) Whoever drives or causes or allows or lets out a motor vehicle for use in any public place, the smoke of Section 350 Ch 21
Section 254 Ch 13
Section 176 Ch 10
Section 177 Ch 10
21-417
which would constitute a health hazard, shall be punishable with fine 149 which may extend to [ two hundred] Taka. (2) Any police officer not below the rank of Sub Inspector of Police in uniform authorised in this behalf by 150 [ Authority or any Inspector of the Motor Vehicles or other persons authorised in this behalf by the Authority] may seize and detain such vehicle for such time as may be necessary to ascertain if the smokes constitute a health hazard. (3) No person shall be convicted of an offence punishable under sub-section (1) solely on the evidence of a witness unless that opinion is based on a test by the competent person. 151. Sale of vehicle in or alteration of vehicle to a condition contravening this Ordinance 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 punishable with imprisonment which may extend to two years, or with fine which may extend to five thousand Taka or with both: 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. 152. Using of motor vehicle without registration or certificate of fitness or permit (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used or let out a motor vehicle for use in contravention of the provisions of section 32 or without the certificate of fitness under section 47 or the permit required by sub section (1) of section 51 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used or to the maximum of Section 174 Ch 10
Section 246 Ch 13
21-418
passengers and maximum weight of luggage that may be carried on the 151 [ shall be punishable for a vehicle, first offence with imprisonment for a term which may extend to three months, or with fine which may extend to two thousand Taka, or with both and for any subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand Taka, 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 to the Regional Transport Committee within seven days. 153. Agents and canvassers without proper authority Whoever engages himself as an agent or canvasser in contravention of 152 the provisions of section 79 or any [ regulations] made thereunder, shall be punishable for first offence with fine which may extend to one thousand Taka and for any second or subsequent offence with imprisonment which may extend to 153 154 [ six months], [ or with fine which may extend to two thousand Taka] or with both. 154. Driving vehicles exceeding permissible weight Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 86 or of the conditions prescribed under that section or in contravention of any prohibition or restriction imposed under section 86 or section 88 shall be punishable for a first offence with fine which may extend to one thousand Taka and for any subsequent offence with imprisonment for a term which may extend to six months, or, with fine which may extend to two thousand Taka, or with both.] 155. Driving uninsured vehicle Whoever drives a motor vehicle or causes or allows a motor vehicle to be Section 138 Ch 7
Section 193 Ch 12
Transferred to Chapter 19 section 312
21-419
driven in contravention of the provisions of section 109 shall be 156 punishable with [ fine which may extend to two thousand Taka.] 156. Taking vehicle without authority Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which 157 [ three months] or may extend to 158 with fine which may extend to [ two thousand] Taka, or with both. 157. Obstruction in public street or public place Whoever causes obstruction in a public street or public place by keeping a motor vehicle for repair or keeping or storing spare parts of motor vehicles or any articles for sale or keeps any article for any other purposes causing obstruction to flow of traffic shall be punishable with a 159 [ five fine which may extend to hundred] Taka and such vehicles or spare parts or articles shall be liable to confiscation. 158. Unauthorised interference with vehicle Whoever otherwise than with lawful authority or reasonable excuse enters or mounts any stationary motor vehicle or tampers with the brake or any part of the mechanism of any part of the body, or the speed governor or the speed governor seal, or the taxi meter (fare meter), or the taxi meter seal of a motor vehicle shall be punishable with imprisonment which 160 [ three months], or may extend to 161 with fine which may extend to [ one thousand] Taka, or with both. 159. Special procedure for trial of offences (1) Notwithstanding anything contained in the Code of Criminal 162 Procedure, 1898 (Act V of 1898), [ a police officer not below the rank of Sub-Inspector or Sergeant] or any Inspector of Motor Vehicles authorised in this behalf or other person authorised in this behalf by the 163 [ Authority] shall frame a charge of the offences punishable under sections 137, 139, 140, 142, 146, 149, 150, 151, 152, 153, 154, 155, 156, 157 and 158 one copy of which shall be delivered to the accused 356. Special procedure for trial of offence._ (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), a police officer not below the rank of Sub-Inspector or Sergeant, or any Inspector of Motor Vehicles authorised in this behalf, or any road transport officer or other officer or person authorised in this behalf, by the Government or by the Authority, shall frame a charge of the offence committed under this Act or the rules or regulations made thereunder, excepting a cognizable offence, one copy of which shall be delivered to the accused person who shall acknowledge receipt 21-420 Section 295 Ch 17
Section 179 ch 10
Section 298 Ch 17
Modified
person who shall acknowledge receipt thereof under his signature or thumbimpression and another copy to be forwarded to the Superintendent of Police or the Deputy Commissioner of Police (Traffic) in the Metropolitan Area or such authority as is notified by 164 the [ Authority] in this behalf having jurisdiction in the area in which the offence is committed. (2) The authorised police officer or other authority shall impose a fine as provided for, in the section, in the charge and if the fine so specified is paid at the specified place on or before the specified date either in cash or by money-order, no further proceedings shall be taken against the offender in respect of that offence. (3) If the fine is not paid in the manner specified in the charge, the Superintendent of Police or the Deputy Commissioner of Police (Traffic) in the Metropolitan Area having jurisdiction in the area in which the offence was committed, or any officer authorised by him in this behalf, on receipt of a report from the authorised police officer or other authority may lay a complaint against the offender before a court of competent jurisdiction. (4) Where a person, on his failure to pay the fine has been prosecuted under sub section (3), the provision of clause (b) of sub section (1) of section 165 shall not apply to him. (5) Any person who refuses or avoids to accept a copy of the charge made over to him under this section or to acknowledge receipt thereof, may be arrested without warrant by the officer acting under this section and shall, on conviction before a Magistrate, be punished in addition to any penalty that may be incurred by him in respect of the offence specified therein with fine which may extend to two hundred and fifty Taka. thereof under his signature or thumbimpression and another copy to be forwarded to the Superintendent of Police or the Deputy Commissioner of Police (Traffic) in the Metropolitan Area or such other officer or the authority or other person as is notified by the Government or by the Authority in this behalf, having jurisdiction in the area, in which the offence is committed. (2) The authorised police officer or other officer or authority shall impose a fine equivalent to the penalty units provided for the offence, in the charge and if the fine so specified is paid at the specified office on or before the specified date either in cash or by some other manner prescribed, no further proceedings shall be taken against the offender in respect of that offence. If the fine is not paid in the manner specified in the charge, the authorised police officer or other officer or authority may, lay a complaint against the offender before a court of competent jurisdiction. Any person who refuses or avoids to accept a copy of the charge made over to him under this section or to acknowledge receipt thereof, may be arrested without warrant by the officer acting under this section and shall, on conviction before a court, be punished in addition to any penalty that may be incurred by him in respect of the offence specified therein with fine equivalent to the maximum fine provided for the offence.
(3)
(4)
357. Power to order appearance in court._ (1) Where a police officer, or a road transport officer, or other authorized officer or person, has reasonable grounds to believe that any person has committed an offence against this Act, he may, in lieu of applying to the court for a summons, forthwith serve upon that person, a notice in the prescribed form, ordering that person to appear before the nearest court of competent jurisdiction or any authorized
Inserted new
21-421
officer having jurisdiction to try the offence, at a time and date to be stated in such notice. (2) Any person, who is served with a notice as provided by sub-section (1), fails to appear in person or by counsel, then, unless it appears that it was not reasonably possible for that person so to appear, the court or the authorized officer may, if satisfied that the notice was served, issue a warrant for the arrest of that person unless in the case of a compoundable offence, that person has within the period specified in the notice, been permitted to compound the offence. Modified
160. Power of arrest without warrant (1) A police officer in uniform may arrest without warrant any person who commits in his view an offence punishable under section 32 or section 51 or section 143 or section 144 or section 145 or section 146 or section 147 or section 148 or section 149 or section 154 or section 156. (2) A police officer in uniform may arrest without warrant(a) any person who being required under the provisions of this Ordinance to give his name and address refuses to do so, or gives a name or address which the police officer has reason to believe to be false, or (b) any person concerned in an offence under this Ordinance or reasonably suspected to have been so concerned, if the police officer has reason to believe that he will abscond or otherwise avoid the service of a summons. (3) A police officer arresting without warrant the driver of a motor vehicle shall, if the circumstances so require, take or cause to be taken any steps he may consider proper for the safe custody of the vehicle or to take it to the nearest Police station. (4) A police officer acting under this section shall, as soon as possible, intimate to the owner the place where the vehicle has been removed or where the driver has been taken and in any case within twenty four hours of the occurrence.
358. Power of arrest without warrant._ (l) Without prejudice to the powers of arrest conferred on a police officer under any other law for the time being in force, a police officer in uniform may arrest without warrant any person who drives a motor vehicle in contravention of sub-sections (1) or (2) of section 48 or in contravention of section 100 or commits in his view an offence under sections 253, 254, 255, 256, 257, 258, 259, 295, 298, 305, 306, or 308 or abets any offence under the above mentioned sections or who uses a vehicle in the commission of a cognizable offence. A police officer in uniform may arrest without warrantany person who being required under the provisions of this Act to give his name and address refuses to do so, or gives a name or address which the police officer has reason to believe to be false, or any person, who obstructs or attempts to obstruct any police officer or any road transport officer or any Inspector of Motor Vehicles or other authorized officer or person in the exercise of his powers and discharge of his duties under the Act or the rules or regulations made there under; or any person concerned in an offence under this Act or reasonably suspected to have been so concerned, if the police officer has reason to believe that he will abscond or otherwise avoid the service of a summons. A police officer arresting without warrant the driver of a motor vehicle shall, if the circumstances so require, take or cause to be taken any steps he may consider proper for the safe custody of the vehicle or to take it to the nearest Police station. A police officer acting under this section
(2) (a)
(b)
(c)
(3)
(4)
21-422
shall, as soon as possible, intimate to the owner the place where the vehicle has been removed or where the driver has been taken and in any case within twentyfour hours of the occurrence. 161. Power of police officer to impound document 165 (1) Any police officer [ not below the rank of Sub-Inspector or Sergeant] or any Inspector of Motor Vehicles authorised in this behalf or other person authorised in this behalf 166 [ Authority] may, if he has by the reason to believe that any identification mark carried on a motor vehicle or any license, permit, certificate of registration, certificate of fitness, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the 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. 167 (2) Any police officer [ not below the rank of Sub-Inspector or Sergeant] or any Inspector of Motor Vehicles authorised in this behalf or other person authorised in this behalf by the 168 [ Authority] may, if he has reason to believe that the driver or the conductor, if any, 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 license held by such driver or conductor and forward it to the Court taking cognizance of the offence and the said Court shall, on the first appearance of such driver or conductor before it, return the license to him in exchange for the temporary acknowledgement given under sub section (3). (3) A police officer or any Inspector of Motor Vehicles or other person seizing a license under sub section (2) shall give to the person surrendering the license a temporary acknowledgement therefore and such acknowledgement shall authorise the holder to drive or to act as conductor until the license has been returned to him or until such date as may be specified by the police officer or by the Inspector of Motor Vehicles or by other person in the acknowledgement, whichever is earlier or the Court has Section 264 Ch 13
21-423
otherwise ordered. 162. Power to detain vehicles used without certificate of registration or certificate of fitness or permit Any police officer or any Inspector of Motor Vehicles authorised in this behalf or other person authorised in 169 this behalf by the [ Authority] may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of sub section (1) of section 32 or without the certificate of fitness required by sub section (1) of section 47 or without the permit required by sub section (1) of section 51 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle: Provided that, where any such officer or person has reason to believe that a vehicle has been or is being used without the certificate of fitness required by sub section (1) of section 47 or without the permit required by sub section (1) of section 51, he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle, and shall issue an acknowledgement in respect thereof. 163. Power to charge certain offenders on the spot (1) Notwithstanding anything to the contrary contained in this Ordinance or any other law for the time being in force, a police officer in uniform, not below the rank of a sub-Inspector or Sergeant, specially empowered in this behalf by the competent authority or any Inspector of Motor Vehicles or other persons authorised in this behalf 170 by the [ Authority], may, in any area 171 [ Authority] in to be notified by the this behalf, charge on the spot any person who, in his presence or view, commits any of the offences set forth in the Twelfth Schedule with the Commission of that offence. Explanation. For the purpose of the sub section, competent authority shall be such authority as may be 172 [ Authority]. notified by the (2) An officer acting under sub section (1) shall draw up the charge in the form prescribed, specifying the nature 359. Power to charge certain offenders on the spot._ (1) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, a police officer in uniform, not below the rank of a SubInspector or Sergeant, specially empowered in this behalf by the competent authority or any Inspector of Motor Vehicles or any road transport officer or any other officer or persons authorized in this behalf by the Government or by the Authority, may in the respective jurisdiction, or in any area to be notified by the Government or by the Authority in this behalf, charge on the spot any person who, in his presence or view, has commited or is guilty of any offence specified in the schedule or prescribed under this section or under section 353, with the commission of that offence unless the offence is an offence punishable with imprisonment and/or penalty greater than fifteen penalty units, and may serve a 21-424 Section 265 Ch 13
Modified
of the offence, the fine as mentioned against such offence in the Twelfth Schedule payable in respect thereof and the accused person shall pay the fine on the spot by means of stamps to the officer who made the charge an and shall receive acknowledgement therefore. (3) If the accused person has refused to receive the copy of the charge or if the fine is not paid in the manner specified in sub section (2), the officer acting under sub section (1) shall arrange to send the vehicle which has been used in the commission of the offence to the officer in charge of the nearest police-station who shall keep the vehicle in his custody and shall release it as soon as the fine is paid and shall also send an intimation to the officer who forwarded the vehicle. (4) The accused person may, prefer an appeal to the court which is competent to hear appeals against the orders or sentences of Magistrates of the third class and the decision of the appellate authority in this respect shall be final. prescribed notice alongwith the charge on such person, offering such person the opportunity of the discharge of any liability to the conviction of that offence by the payment of a penalty fixed or prescribed for that offence under this section. Explanation- For the purpose of the subsection, "competent authority" shall be the Authority or such other authority as may be notified by the Government or by the Authority. (2) A notice under sub-section (1) may be addressed to the owner or driver of the motor vehicle, if available, without stating his name or address and may be served personally or by affixing it to the motor vehicle. A notice affixed to a motor vehicle under sub-section (2) shall not be removed or interfered with except by or under the authority of the owner or driver liable for the offence in question; and any person, who contravenes this sub-section, shall be guilty of an offence. An officer, or other person acting under sub-section (1), shall draw up the charge in the form prescribed, specifying the nature of the offence, the penalty units as prescribed against such offence, and the amount payable in respect thereof, and the accused person shall pay the fine in the manner prescribed, to the officer who made the charge, or at such time and at such office as may be specified in the notice, and shall receive an acknowledgement therefor. If, the accused person refuses or avoids to accept the charge made over to him under this section, or ignores it or if the penalty fixed is not paid within the time and in the manner specified in the notice served under sub-section (1), the officer acting under sub-section (1) shall, arrange to send the vehicle which has been used in the commission of the offence, to the officer-in-charge of the nearest policestation or police out post, who shall keep the vehicle in his custody, and shall release it as soon as the fine and any cost incurred in carrying out the provisions of this section is paid, and shall also send an intimation to the officer who forwarded the vehicle. Where the amount of any fixed penalty for an alleged offence is paid pursuant to this section, no person shall be liable for any further proceedings for the alleged offence. If the fine fixed is not paid in the manner 21-425
(3)
(4)
(5)
(6)
(7)
specified in the charge, the Superintendent of Police in the district or the Deputy Commissioner of Police (Traffic) in the Metropolitan Area, having jurisdiction in the area in which the offence was committed, or any officer authorised by him in this behalf, or any officer authorized by the Authority, on receipt of a report from the authorised police officer or other officer or authority acting under subsection (1), may lay a complaint against the offender, before a court of competent jurisdiction; and on conviction by the court, such accused person shall be liable to pay, in addition to the fixed penalty specified for the offence committed, a fine equal to the amount of fixed penalty awarded. (8) The accused person may, prefer an appeal to the court which is competent to hear appeals against the orders or sentences of magistrates of the second class and the decision of the appellate authority in this respect shall be final and binding upon the parties involved. Any offences or any penalty prescribed under sub-section (1), shall be placed before the Parliament for approval, as soon as possible, when it is in session; and the offences or any penalty prescribed or any part of it, not approved by the Parliament, shall not be valid without prejudice to the validity of anything previously done there under or to the making of new order or notification.
(9)
(10) The Government or the Authority may make rules or regulations(a) (b) to prescribe the offences to which this section shall apply; to prescribe the amount of penalty payable under this section for any prescribed offence; to prescribe different amounts of penalties for different prescribed offences or for the same offence having regard to the circumstances thereof; and to make provision as to any matter incidental or expedient to the operation of this section.
(c)
(d)
(11) This section is supplemental to and not in derogation of any other provisions of this Act. 164. Deprivation of driving license (1) Notwithstanding anything to the contrary contained in this Ordinance or any other law for the time being in force, any police officer of or above the rank of Superintendent of Police Section 81 Ch 3
21-426
or Deputy Commissioner [ or an officer of the Authority not below the rank of Assistant Director having jurisdiction over the area] specially 174 empowered in this behalf by the [ Authority], or any other person 175 [ empowered in this behalf by the Authority], may deprive any person from holding the driving license for a period which may extend to three months, who, in his presence or view, commits any or the misdemeanours in traffic as mentioned hereunder(a) driving against red light; or(b) overtaking just before or on the pedestrian crossing or where overtaking is prohibited; or (c) driving on to a main road without stopping and exceeding the speed limit indicated on the road; or (d) not giving way to other vehicle intentionally; or (e) driving in opposite direction on one way road; or (f) any other matter as may be prescribed. (2) Any officer acting under sub section (1) shall seize any driving license held by such driver and shall give to the person surrendering the driving license an acknowledgement therefor, specifying the period of deprivation and the nature of offence thereof and the name of the licensing authority to whom report shall be made on the expiry of the said period for getting back the driving license. (3) The authority making the order under sub section (1) shall endorse the period of deprivation and reasons thereof in the driving license and shall forward it to the licensing authority having jurisdiction over the area or the licensing authority who issued it or last renewed it. (4) The licensing authority, on receipt of the driving license, shall enter the endorsement in the record and keep the license until the period of deprivation expires and thereafter shall return the license to the holder in exchange of the acknowledgement given under sub section (2). (5) If, at the time of committing the offence, the driving license is not in the possession of the person committing the offence, the authority acting under sub-section (1) may take or cause to be taken any steps he may consider proper for the disposal of the case. 21-427
173
165. Summary disposal of cases (1) A Court taking cognizance of an offence under this Ordinance shall, unless the offence is an offence specified in Part A of the Fifth Schedule, state upon the summons to be served on the accused person that he(a) may appear by pleader and not in person, or (b) may by a specified date prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the Court such sum not exceeding two hundred and fifty Taka as the Court may specify. (2) Where the offence dealt with in accordance with sub section (1) is an offence specified in Part B of the Fifth Schedule, the accused person shall, if he pleads guilty to the charge, forward his license to the Court with the letter containing his plea in order that the conviction may be endorsed on the license. (3) Where an accused person pleads guilty and remits the sum specified and has complied with the provisions of sub section (2), no further proceedings in respect of the offence shall be taken against him, nor shall he be liable to be disqualified for holding or obtaining a license by reason of his having pleaded guilty. 166. Cognizance of offences Every Court of competent jurisdiction or any other competent authority unless otherwise provided, shall take cognizance of any offence committed under this Ordinance or the rules made thereunder when reported by 176 any member of the [ * * *] Authority or the Transport Committee or any Inspector of Motor Vehicles or any office of the Transport Department authorised in this behalf by the 177 Chairman of the [ * * *] Authority or by the Transport Committee or by the Government. 360. Summary disposal of cases._ (1) A court or other authority taking cognizance of an offence under this Act shall, unless the offence is an offence punishable with imprisonment and/or with penalty more than fifteen units, state upon the summons to be served on the accused person that he mayappear by pleader and not in person, or by a specified date prior to the hearing of charge, plead guilty to the charge by registered letter and remit to the court or other authority, such sum not exceeding the sum equivalent to the penalty units provided for the offence. Where an accused person pleads guilty and remits the sum specified no further proceedings in respect of the offence shall be taken against him, nor shall he be liable to be disqualified for holding or obtaining a license by reason of his having pleaded guilty. Modified
(a) (b)
(2)
361. Cognizance of offence._ (1) Every Court of competent jurisdiction or any other competent authority unless otherwise provided, shall take cognizance of any offence committed under this Act or the rules or regulations made there under when reported by any member of the Authority or by the RTA or any Inspector of Motor Vehicles or any road transport officer or any police officer, or other officer or person authorized in this behalf by the Government or by the Authority. Whoever uses or cause or permit or allow use of a motor vehicle in the commission of a cognizable offence or for any other illegal or immoral purposes shall be guilty of an offence.
Modified
(2)
362. Service of notices and summonses._ (1) All notices, orders and other documents, which any office or officer is empowered to give by this Act, or any rules or regulations made there under, may be given by any officer duly authorised by the Head of the office, or by the empowered
Inserted new
21-428
officer himself. (2) Every summons issued for an offence under this Act, and every notice, order or other document required or authorised to be given or served under this Act, may be served on any person by delivering it to the person or to some adult member of his family or an adult employee of the person at his usual or last known place of residence; by leaving it at the usual or last known place of residence or place of business of the person in a cover addressed to him; by sending it by registered post in a prepaid letter addressed to the person at his usual or last known place of residence or business or any address furnished by him; or in the case of a notice to be served on a person whose usual or last known place of residence or business cannot, with reasonable diligence, be ascertained, by publication of such notice in the official Gazette and in one or two well circulated daily news paper. Where any summons, notice, order or document is served on any person by registered post, it shall be deemed to have been served within such time as it would take to arrive in the ordinary course of transmission and in proving service of the same it shall be sufficient to prove that the envelope containing the summons, notice, order or document was properly addressed, stamped and posted by registered post. Where, a police officer or an employee of the Authority or of the Road Transport Department or of any other office, authorised in this behalf, has reasonable grounds to believe that, a person has committed an offence under this Act, or any rules or regulations made there under, he may, immediately serve upon that person a prescribed notice (prepared in duplicate), requiring that person to attend at the hour and on the date specified, and at the court or office described in the notice. A duplicate of the notice shall be preserved by the police officer or other officers acting under this section, as the case may be, and if so required by a court, produce it to the court. When an accused person, appears before a court, in pursuance of a notice under sub-section (4), the court shall take cognizance of the offence(s) alleged, and 21-429
(a)
(b)
(c)
(d)
(3)
(4)
(5)
(6)
shall proceed, as if he were produced before it, in pursuance of section . . . . of the Code of Criminal Procedure, 1898 (Act V of 1898 (7) If a person, upon whom a notice under sub-section (4) has been served, fails to appear before a court in person or by counsel in accordance to the notice, the court may, if satisfied that the notice was duly served, issue a warrant for the arrest of the person, unless in the case of an offence which may be compounded, and that person has, before that date been permitted to compound the offence When a person, arrested in pursuance of a warrant issued under sub-section (7), is produced before a court, it shallproceed, as if he were produced before it under section . . . . of the Code of Criminal Procedure, 1898 (Act V of 1898; and at the conclusion of the proceedings, call upon him to show cause why he should not be punished for failing to attend in compliance with the notice served upon him; and if no saisfactory cause is shown, may order him to pay such fine, or may commit him to prison for such a term, as the court thinks fit (9) A police officer not below the rank of a Deputy Commissioner of Police or Deputy Director of the Authority or of the Road Transport Department or of such other office, having jurisdiction over the area, specially authorised by name in this behalf, by the Government or by the Authority, by notification in the official Gazette may, at any time before the date specified in the notice issued under subsection (4), cancel the notice. Modified
(8)
(a)
(b)
167. Restriction on conviction (1) No person prosecuted for an offence, punishable under section 142 or section 143 shall be convicted unless(a) within twenty one days from the commission of the offence, a notice specifying the nature of the offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of the commission of the offence, or (b) within thirty days of the commission of the offence, a summons for the offence was served on him:
363. Restriction on conviction._ (1) If, as a result of an accident by a vehicle, bodily injury to any person or damage to any property is caused and if, the victim and/or the owner of the property, and the driver or the owner or the in charge of the vehicle(s) involved, agrees in writing to settle the matter outside the court, then no proceedings shall lie against the driver(s) or the owner(s) of the vehicle(s) involved. No person prosecuted for an offence committed under section 253 shall be convicted unlesswithin twenty-one days from the commission of the offence, a notice specifying the nature of the offence and
(2)
(a)
21-430
Provided that, nothing in this section shall apply where the Court is satisfied that(i) The failure to serve the notice or summons referred to in this subsection was due to the fact that neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time, or (ii) such failure was brought about by the conduct of the accused. (2) No Court shall, unless otherwise provided, make any award of less than twenty five per cent of the maximum fine provided for the offence punishable under this Ordinance. the time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of the commission of the offence, or (b) within thirty days of 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(i) The failure to serve the notice or summons referred to in this sub-section was due to the fact that neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time, or such failure was brought about by the conduct of the accused. Modified
(ii)
168. Courts to send intimations about conviction Every Court by which any person holding a driving license or a conductor's license or a permit is convicted of an offence under this Ordinance or an offence in the commission of which a motor vehicle was used shall send intimation to(a) the licensing authority which issued the driving license or the conductor's license; (b) the licensing authority which last renewed the driving license or the license; conductor's (c) the Transport Committee which issued the permit and the authority which countersigned it; and every such intimation shall state the name and address of the holder of the license, the license number, the date of issue and renewal of the same, the permit number, the date of issue and renewal of the permit the nature of the offence, the punishment awarded for the offence and such other particulars as may be prescribed.
364. Courts to send intimations about conviction._ Every Court by which any person holding a driving license, or a vocational license, or a permit, or any other license or certificate or document is convicted of any offence under this Act, or an offence in the commission of which a motor vehicle was used, shall send intimation to(a) (b) the licensing authority which issued the driving license or the vocational license; the licensing authority in whose record the driving license or the vocational license is at the time of committing the offence; the Authority or the RTA or the other authority which issued the permit, PTS license or franchise and the authority which countersigned it; and the registering authority in whose record the vehicle is, at the time of committing the offence; and every such intimation shall state the name and address of the holder of the license, the license number, the date of issue and renewal of the same, the permit number, the, date of issue and renewal of the permit, PTS license or franchise, the registration number of the vehicle, the nature of the offence, the punishment awarded for the offence and such other particulars as may be prescribed. 365. Jurisdiction of Courts._ Any Court, not inferior to that of a Magistrate of the second class, or any
(c)
(d)
169. Jurisdiction of Courts No Court inferior to that of a Magistrate of the second class shall
Modified
21-431
try any offence punishable under this 178 Ordinance or any [ rules or regulations] made thereunder. officer of the road transport department or of the Authority not below the rank of Assistant Director, specially empowered in this behalf by the Government, may try any offence punishable under this Act or any rules or regulations made thereunder: Provided that the Government may, if considers expedient so to do, with the consent of the Ministry of Law or the Attorney-General, constitute tribunals as may be necessary, for the purpose of trial of offences by the use of a motor vehicle causing death or bodily injury to any person. . 170. Compounding of Offences Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), an offence punishable under sections 137, 139, 140, 142, 146, 149, 151, 152, 153, 154, 155, 156 and 158, may be compounded by any Magistrate of the first or second class or any police officer of or above the rank of Deputy Superintendent of Police specially authorised in this behalf by the Government and the cases may be disposed of in the manner as may be prescribed. 366. Compounding of Offence._ (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898) an offence committed excepting a cognizable offence or an offence under sections 191, 253, 254, 255, 256, 257, 258, 259, 295, 298, 305, 306 and 308, or as prescribed, may, either before or after the institution of the prosecution, be compounded by any Magistrate of the first or second class or any police officer of or above the rank of Superintendent of Police or any officer of the road transport department or the Authority of or above the rank of Deputy Director or any Taxing Officer or any officer of the road or highway authority, of or above the rank of an Executive Engineer, or an officer of the similar status of the appropriate authority, specially authorised by name or by office in this behalf, by the Government or by the Authority, and the cases may be disposed of in the manner and on the conditions, as may be prescribed, by collecting from the person reasonably suspected of having committed the offence, a sum not less than the fine specified for the offence and the tax or fee due, if any. Where an offence has been compounded under this section, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence. Where any offence is compounded, pursuant to sub-section (1), the Magistrate or other officer acting under this section, shall send particulars of such offence, to the Authority or other prescribed authority in the prescribed manner. Transferred to Ch 2 section 22 Modified
(2)
(3)
171. Power to levy fee
21-432
172. Power to make
182 181
[ regulations]
367. Power to make regulations._ (1) The Authority may make regulations for the purposes of carrying into effect or to supplement the provisions of this Chapter. Without prejudice to the generality of the foregoing power, the regulations under this Chapter may be made with respect to all or any of the following matters namely:the forms to be used for the purposes of this Chapter; procedure for submission of prosecution, summons, evidence, compounding of offences, trial of offence, intimation of conviction, realisation of fine and maintenance and utilization of fund thereof, submission of reports and returns; and any other matter which is to be or may be prescribed.
Modified
The [ Authority may make regulations] for carrying out the purposes of this Chapter.
(2)
(a) (b)
(c)
21-433
Contents
CHAPTER XXII : MISCELLANEOUS ..................................................................................................... 434 368. 369. 370. 371. Publication of and commencement of rules or regulations._ .......................................... 434 Declaration by the applicant._ ............................................................................................... 435 Effect of laws inconsistent with the Act._ ........................................................................... 436 Repeal and savings._ ............................................................................................................... 436
22- i
Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA CHAPTER -XXII
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified upto November, 1990 CHAPTER XI MISCELLANEOUS 173. Publication of and 183 commencement of [ regulations] (1) Every power to make rules given by the this Ordinance is 184 subject to the condition of the [ rules or regulations] being made after previous publication. [ rules or regulations] (2) All 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.
186 185
Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of CHAPTER XXII : MISCELLANEOUS 368. (1) Publication of and commencement of rules or regulations._ Every power to make rules or regulations given by this Act is subject to the condition of the rules or regulations being made after previous publication. All rules or regulations made under this Act shall be published in the official Gazette, and shall unless some later date is appointed, come into force on the date of such publication. All regulations under this Act shall be made with the previous approval of the Government. In the absence of necessary rules and regulations under this Act, or till such time necessary rules and regulations under this Act are made, the purposes of this Act may be carried out, in accordance to the rules or regulations made under the said Ordinance or the said Act, unless inconsistent, or in accordance to the orders or instructions issued, either by the Government or by the Authority, as may be appropriate under the relevant provision of the Act. Any rules or regulations made under this section, if found conflicting or inconsistent with any provisions of the Act, and likewise any regulations made, if found, conflicting or inconsistent with any rules; the whole or any part of the rules or regulations as the case may be, which is conflicting or inconsistent, shall be of no effect.
Modified
(2)
(3)
(4)
[ (3) All regulations under this Ordinance shall be made with the previous approval of the 187 Government.] [
(5)
174. Officers to exercise powers of police officers The Government may, by rules,(a) authorise any officer of the Authority to exercise the powers exercisable by a police officer under this Ordinance; (b) prescribe conditions under which such powers shall be exercised; (c) prescribe the uniform to be worn by such officers while exercising such powers.] -
Transferred to Ch 2 sec 25 Section 17A
22-434
176. Effect of appeal and revision on order passed by original authority (1) Where an appeal has been preferred or an application for revision has been made against any order passed by an original authority under this Ordinance, the appeal or the application for revision shall not operate as a stay of the order passed by the original authority and such order shall remain in force pending the disposal of the appeal or the application for revision, as the case may be, unless the prescribed appellate authority or revisional authority otherwise directs. (2) Notwithstanding anything contained in sub section (1), if application made by a person for renewal of permit has been rejected by the original authority and such person has preferred an appeal or made an application for revision under this Ordinance against such rejection, the appellate authority or, as the case may be, the revisional authority may by order direct that the permit shall, notwithstanding the expiration of the term specified therein, continue to be valid until the appeal or the application for revision is disposed of. 369. (1) Declaration by the applicant._ Every application for a licence, permit, certificate, authorization, or any other document or plate, badge or mark or for any alteration, addition or renewal or duplicate of such licence, permit, certificate, authorization, or other document or plate, badge or mark made under this Act or any rules or regulations thereunder shall be verified by the oath or affirmation of the applicant, either individually or in the event of an applicant is an organisation by an officer thereof and shall be accompanied by such documents, levy or fees as may be prescribed or determined in this respect. Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of this Act or any rules or regulations there under to be sworn to or affirmed, is guilty of perjury and upon conviction shall be punishable by fine or imprisonment as other persons 22-435 Transferred to Ch 2 Section 44
(2)
committing perjury are punishable under the law for the time being in force and the documents or badge or mark so obtained shall be of no effect. 370. Effect of laws inconsistent with the Act._ Notwithstanding anything inconsistent or contrary therewith contained in any other law for the time being in force or in any rule, reulation, bye-law, instrument or contract, the provisions of this Act and the rules and regulaions made there under shall have effect and will prevail upon those provisions or laws. Repeal and savings._ The Motor Vehicles Ordinance, 1983 (Ordinance No. LV of 1983) and the Motor Vehicles Tax Act 1932 (Ben Act 1 of 1932) hereinafter referred to as the said Ordinance and the said Act are hereby repealed. Notwithstanding the repeal of the said Ordinance and the said Act any notification, rule, regulation or notice issued, or any appointment or declaration made, or any licence, permit, plate, mark, certificate, or any other document issued in respect of a motor vehicle, driver or worker, or any other person or any increase or reductionof fees or taxes, or any permission or exemption granted, or any confiscation made or any penalty or fine imposed, or any forfeiture, cancellation, or any other thing done or any other action taken under the said Ordinance or the said Act shall, so far as it is not inconsistent with the provisions of this Act be deemed to have been issued, made, granted, imposed done or taken under the corresponding provision of this Act, and shall continue in force until it expires, or is varied amended or revoked there under.
177. Repeal and savings (1) The Motor Vehicles Act, 1939 (Act IV of 1939), hereinafter referred to as the said Act, is repealed. hereby (2) Notwithstanding the repeal of the said Act, any notification, rule, regulation or notice issued, or any appointment or declaration made, or any licence, permission or exemption granted, or any confiscation made or any penalty or fine imposed, or any forfeiture, cancellation, or any other thing done or any other action taken under the said Act shall, so far as it is not inconsistent with the provisions of this Ordinance, be deemed to have been issued, made, granted, imposed, done or taken under the corresponding provision of this Ordinance. (3) If any conductor's licence to act as a conductor of a stage carriage or contract carriage (by whatever name called) has been granted by any licensing authority and is effective before the commencement of this Ordinance, it shall continue to be effective for the period for which it would have been effective had the Motor Vehicles Ordinance, 1983, not been promulgated, and every such conductor's licence shall be deemed to be conductor's licence granted under this Ordinance as if this Ordinance has been in force on the date on which that conductor's licence was granted.
371. (1)
(2)
22-436
Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA THE SCHEDULE
Existing Law and its provisions THE MOTOR VEHICLES ORDINANCE, 1983 (ORD NO LV OF 1983) Modified up to November, 1990 Proposed Law and its provisions DRAFT THE PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, Act No. of THE SCHEDULE [See section 353 sub-sections (2) and (5)] PUNISHMENTS FOR OFFENCES Offence Code General Description of Offence Section Creating the Offence (3) Punishments Remarks Remarks Proposed a new law to replace the MVO 1983
THE SCHEDULES 1 to 12
Modified
(1) Hazardous Driving 1001
(2)
(4) Imprisonment: May extend to five years; and/or Penalty: Not less than 50 units and may extend to 500 units or both; and adequate compensation to the heirs of the victim Demerit points: Eight Mandatory disqualification for at least three years which may extend to life time
Cause death of another person by the driving of a motor vehicle on a road(a) without driving license or with 48(6), 66, improper license; or 72, 246(1) 176 (b) which was defective; or 229(1) (c) while using or responding a mobile telephone; or 230(1) (d) with earplugs in both ears or while wearing a headset covering both ears; or 253(2) (e) recklessly or dangerously; or 254(2) (f) in an unauthorized racing or trial of speed. 257(1) (g) negligently or without due care or reasonable consideration; or 258(2), (h) with unlawful blood alcohol level; 70(3) or 259(1), (i) with defective eyesight or with 69(3), any other disease or disability or 70(3) in fatigue or unfit condition. Cause grievous bodily injury to another person by the driving of a motor vehicle on a road(a) without driving license or with 48(6), 66, improper license; or 72, 246(1) 176 (b) which was defective; or 229(1) (c) while using or responding a mobile telephone; or 230(1) (d) with earplugs in both ears or while wearing a headset covering both ears; or 253(2) (e) recklessly or dangerously; or 254(2) (f) in an unauthorized racing or trial of speed. 257(1) (g) negligently or without due care or reasonable consideration; or 258(2), (h) with unlawful blood alcohol level; 70(3) or 259(1), (i) with defective eyesight or with any other disease or disability or 69(3), in fatigue or unfit condition. 70(3)
1002
Imprisonment: May extend to three years; and/or Penalty: Not less than 25 units and may extend to 250 units or both; and adequate compensation to the victim Demerit points: Five Mandatory disqualification for at least one year which may extend to three years
S-437
Offence Code General Description of Offence Section Creating the Offence Punishments Remarks
1003
Cause bodily injury to another person or damage to the property of another person by the driving of a motor vehicle on a road(a) without driving license or with 48(6), 66, improper license; or 72, 246(1) 176 (b) which was defective; or 229(1) (c) while using or responding a mobile telephone; or 230(1) (d) with earplugs in both ears or while wearing a headset covering both ears; or 253(2) (e) recklessly or dangerously; or 254(2) (f) in an unauthorized racing or trial of speed. 257(1) (g) negligently or without due care or reasonable consideration; or 258(2), (h) with unlawful blood alcohol level; 70(3) or 259(1), (i) with defective eyesight or with 69(3), any other disease or disability or 70(3) in fatigue or unfit condition. Drive or allow or cause to be driven a motor vehicle or trailer or a combination thereof, which is unsafe or has any defect and which is a source of danger to any other person or vehicle. Drive recklessly or at a speed or in a manner which is dangerous. 176
Imprisonment: May extend to one year; and/or Penalty: Not less than 10 units and may extend to 100 units or both; and adequate compensation to the injured person and/or to the owner of the damaged property Demerit points: Five Mandatory disqualification for at least three month which may extend to one year
1004
Imprisonment: May extend to one year; and/or Penalty: 50 units or both Demerit points: Five
Applicable to NMV
1005
253(1)
1006
Permit or take part in unauthorized racing or trial of speed between motor vehicles in any place. Drive carelessly or inconsiderately
254(2)
1007
257
1008
1009
Drive while under the influence of any drink or drug or intoxicating substance to such an extent as to be incapable of having proper control over the vehicle. Drive or be in charge of motor vehicle with unlawful blood alcohol level.
258(1), 70(3)
Imprisonment: May extend to one year; and/or Penalty: 50 units or both Demerit points: Five Imprisonment: May extend to six months; and/or Penalty: 30 units or both Demerit points: Three Imprisonment: May extend to six months; and/or Penalty: 30 units or both Demerit points: Three Imprisonment: May extend to one year; and/or Penalty: 50 units or both Demerit points: Five Imprisonment: May extend to six months; and/or Penalty: 30 units or both. Demerit points: Three Imprisonment: May extend to one year; and/or Penalty: 50 units or both Demerit points: Five Imprisonment: May extend to six months; and/or
Applicable to NMV
Applicable to NMV
Applicable to NMV
Applicable to NMV
258(1), 70(3)
Applicable to NMV
1010
1011
Drive, a motor vehicle with defective eyesight or with any other disease or disability likely to cause driving to be a source of danger to the public. Drive when mentally or physically unfit to drive
259(1), 69(3), 70(3) 259(1), 70(3)
Applicable to NMV
Applicable to NMV S-438
Penalty: 30 units or both Demerit points: Three Speeding 1012 Exceed speed limit in a vehicle by more than 25 kilometers hour 191(1), 189(6) Penalty: 50 units, additional two units for each Km over permissible maximum speed Demerit points: Five Suspension of the driving license for specified period Penalty: 25 units, additional one unit for each Km over permissible maximum speed Demerit points: Two Penalty: 30 units Demerit points: Three
1013
Exceed speed limit in a vehicle by 25 Km/h or less
191(1), 189(6)
1014
1015
Drive at excessive speed approaching an inter-section or school or pedestrian crossing or rail-road crossing or in urban area Drive on to a main road exceeding the speed limit indicated on the road.
191(2), 188(2) 189(6) 191(2), 188(2) 189(6) 191, 189(6)
Penalty:30 units Demerit points: Three Penalty: 25 units Demerit points: Two
Drive or cause or allow or permit a motor vehicle to be driven in contravention of any restrictions or prohibition imposed under the Act or the rules or regulation made there under in respect of speed limit. Weight and dimension 1017 Drive, permit or allow or cause a motor vehicle to be driven exceeding permissible axle weight 1018 Drive, permit or allow or cause a motor vehicle to be driven exceedingi. the permissible dimensions; or ii. the maximum of load projections prescribed. 1019 Contravene restrictions or weight limit on bridges 1020 Drive or permit to drive a motor vehicle exceeding the laden weight or permissible maximum weight by 2 tons or less. 1021 Drive or permit to drive a motor vehicle exceeding laden weight or permissible maximum weight by more than 2 tons
1016
192(6)(7) Penalty: 25 units Demerit points: Two Penalty: 25 units Demerit points: Two 192(6)(7), 193(4)(5) Penalty: 30 units Demerit points: Three 192(6)(7) Penalty: 25 units, for each ton of excess weight or fraction Demerit points: Two 192(6)(7) Penalty: 50 units, additional 10 units for each ton of excess weight or fraction over 2 tons Demerit points: Five Suspension of permit or the driving license for specified period 192, 193, Penalty: 25 units 194, 195, Demerit points: Three 198, 189, 204(2) Applicable to NMV
Drive, permit or allow or cause a motor vehicle to be driven in contravention of any restrictions or prohibitions imposed under the Act or the rules or regulation made there under regarding vehicle weight, dimensions, loading or unloading. Overtaking or passing 1023 Overtake when overtaking is
1022
Applicable to NMV
257(2)
Penalty: 30 units
Applicable S-439
prohibited or when overtaking is unsafe. 1024 Overtake or pass improperly or dangerously or crossing double lines or a centre line or separation line. 1025 Increase speed or fail to move to the left when being overtaken. 1026 Pass stationary vehicle at pedestrian crossing. Failing to stop or giveaway 1027 Fail to stop and yield before entering the main road, intersection or junction or rail-road crossing 1028 Fail to stop at a red light or at an intersection. 1029 Fail to stop or give way at a give way sign or at a stop sign 1030 Fail to stop or give way at a rail-road crossing. 1031 Fail to give way to the vehicles approaching on the roadway to be entered or crossed. 1032 Fail to yield right of way to emergency vehicle. 1033 Fail to yield the right of way to any authorized vehicle or pedestrian actually engaged in work upon a road or highway. 1034 Fail to give way to other vehicle 1035 1036 Fail to stop or give way during turns
Demerit points: Three 257(2), 189 257(2) 268(5) Penalty: 30 units Demerit points: Three Penalty: 15 units Demerit points: One Penalty: 15 units Demerit points: One Penalty: 15 units Demerit points: One Penalty: 15 units Demerit points: One Penalty: 15 units Demerit points: One Penalty: 15 units Demerit points: One Penalty: 15 units Demerit points: One
to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV
188(2)
189(6) 189(6) 189(6) 203
Penalty: 15 units Demerit points: One 223(1)(4) Penalty: 15 units Demerit points: One
214
257(2) 257(2), 205 268 268(2) 268(3)
Fail to stop or give way at a pedestrian crossing. 1037 Fail to allow a pedestrian pass the crossing unimpeded and safely 1038 Fail to stop on the appropriate line near the pedestrian crossing so marked Lateral Position 1039 Fail to keep the vehicle in the correct position while negotiating turning or round about or at intersection. 1040 Pass to the right of a right turning vehicle. 1041 Change lane without signal or in unsafe manner 1042 Fail to use a designated lane 1043 1044 1045 Unlawful, unsafe or incorrect turning (right, left, around or reversing) Fail to keep left of oncoming vehicle. Drive on or over or to the right of double lines or divided road or highway.
Penalty: 15 units Demerit point: One Penalty: 15 units Demerit point: One Penalty: 15 units Demerit points: One Penalty: 15 units Demerit point: One Penalty: 15 units Demerit points: One
Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV
202, 203, Penalty: 10 units 205 Demerit point: One Penalty: 15 units Demerit points: One 203 Penalty: 10 units Demerit point: One 203 Penalty: 10 units Demerit point: One 205 Penalty: 10 units Demerit point: One 202, 203 Penalty: 15 units Demerit points: One 202, 203, Penalty: 15 units 189 Demerit points: One 205(3)
Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV
S-440
Offence Code General Description of Offence Section Punishments Creating the Offence 202, 189 Penalty: 15 units Demerit point: One 202, 203 Penalty: 15 units Demerit point: One 202, 203 Penalty: 15 units Demerit point: One 202, 203 Penalty: 15 units Demerit point: One 206 Penalty: 15 units Demerit point: One 206 Penalty: 15 units Demerit point: One 202, 203, Penalty: 15 units 207 Demerit point: One 202, 203, Penalty: 15 units 207 Demerit point: One 207 Penalty: 15 units Demerit point: One Remarks
1046 1047 1048 1049 1050 1051 1052 1053 1054
Fail to keep left of centre Drive in improper lane of 3 or 5 lane carriageway Fail to keep as far left as practicable. Fail to stay within lane markings Drive a vehicle upon a footpah or footpath area Fail to stop at the point nearest the street to be entered Fail to keep left of safety zone. Diverge when unsafe Drives or causes or allows a motor vehicle to be driven in a no passing zone in contravention of the directions thereof Perform unsafe U turn
Applicable to NMV
Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV
Turning 1055 1056
205(1) 205(3)
Make incorrect or unsafe left or right turn Traffic Sign and Signals 1057 Fail to obey traffic control signal 1058 1059 1060 1061 Fail to obey traffic sign at an intersection. Fail to obey traffic sign not at an intersection Disobey 'Halt' 'Stop' or 'Slow' sign or marking Without lawful authority or willfully, attempt to or in fact damage, alter, twist, deface, injure, knock down, remove or in any way tamper or interfere with the effective operation of any official traffic-control device or any inscription, shield or insignia thereon, or any other part thereof. Fail to report damage caused to a traffic sign or signal, within specified period of occurrence. Display upon or in view of any highway, any unauthorised sign, signal, marking, or device which is an imitation of or resembles an official traffic-control device or which hides from view or interferes, with the effectiveness of an official trafficcontrol device Place or maintain or permit to be maintained any commercial advertising upon any official traffic control device.
Penalty: 15 units Demerit points: One Penalty: 15 units Demerit point: One Penalty: 15 units Demerit points: One Penalty: 15 units Demerit points: One Penalty: 10 units Demerit point: One Penalty: 15 units Penalty: 15 units
Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV
189(6) 188(2), 189(6) 189(6) 189(6) 187(6)
1062
188(7)
Penalty: 10 units
1063
190(1)
Penalty: 10 units
1064
190(2)
Penalty: 15 units
S-441
Offence Code General Description of Offence Section Punishments Creating the Offence 197(5) Penalty: 10 units Remarks
1065
1066
1067 1068 1069 Lighting 1070 1071 1072 1073 1074
Install or maintain in any area of a private property used by the public any sign, signal, marking or other device intended to regulate, warn or guide traffic which does not conform to the traffic sign manual and the specifications adopted under section 186. Place, maintain or display, upon or in view of any highway, any stationary sign or light which blinds, dazzles or impairs the vision of drivers upon the highway. Fail to give signal while turning or stopping or other intention Fail to cancel signal or incorrectly operate signal Fail to give an audible signal when necessary. Use high beam in the lighted city area Dazzle the driver of other vehicle Driving without lights on at night Fail to have headlights and tail lights on at night Fail to have prescribed lights other than headlights and taillights on at night Fail to dip headlights
197(6)
Penalty: 15 units
234, Penalty: 10 units 210(1) Demerit point: One 234, 210 Penalty: 10 units Demerit point: One 268(1) Penalty: 10 units
Applicable to NMV Applicable to NMV Applicable to NMV
210 210 210 210 210
Penalty: 20 units Demerit points: Two Penalty: 20 units Demerit points: Two Penalty: 20 units Demerit points: Two Penalty: 20 units Demerit point: Two Penalty: 20 units Demerit points: Two Penalty: 20 units Demerit points: Two Penalty: 25 units Demerit point: Two
Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV
1075
210
Failing to comply with Safety Procedures 1076 Carry dangerous substances in a public service vehicle 1077
1078
1079
1080 1081 1082 1083 1084
In a public service vehicle, carry Penalty: 15 units goods or luggage in a manner causing Demerit point: Two danger to the passengers. Drive or cause to be driven a motor Penalty: 15 units vehicle contrary to any notice or when prohibited by notice Drives or causes or allows a motor 189(4)(6), Penalty: 15 units vehicle to be driven in the opposite 208 Demerit point: One direction on a one way road or at a round about. Load vehicle in a manner which is 193 Penalty: 30 units unsafe or likely to cause danger Demerit points: Three Drive unlawfully in bus transit, bicycle 199 Penalty: 5 units or truck lane Reverse when unsafe 205 Penalty: 15 units Demerit point: One Follow a vehicle too closely 212(1) Penalty: 15 units endangering safety Demerit point: One Fail to keep safe distance from the 212(1) Penalty: 15 units proceeding vehicle Demerit point: One
129, 209(1), 246(1) 129, 209(1), 246(1) 189(6)
Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV S-442
Offence Code General Description of Offence Section Punishments Creating the Offence 213 Penalty : 15 units Remarks
1085
1086 1087
1088
1089
1090
1091
1092
1093 1094
1095 1096 1097
1098
1099
1100 1101
Enter or drive onto a blocked intersection, pedestrian crossing or railroad grade crossing or one that is likely to become blocked. Use or respond a mobile telephone or 229 Penalty: 30 units such other device while driving Demerit points: Three Drives a motor vehicle with earplugs 230 Penalty: 30 units in both ears or while wearing a Demerit points: Three headset covering both ears Open door or alight from vehicle in a 233 Penalty: 10 units manner that impede traffic or endanger persons Drive or cause or allow to be driven in 235(1)(3) Penalty: 30 units any public place any motor vehicle Demerit points: Three with a left-hand steering control or in contravention of any conditions to drive such vehicles Drive or cause or allow to be driven 235(2)(3) Penalty: 30 units any motor vehicle with a left-hand Demerit points: Three steering control as public service vehicle Carry or allow or permit to be carried 237(1) Penalty: 15 units any person or goods in a manner not Demerit point: One authorized. Carry passenger and/or goods in 237(1) Penalty: 10 units excess of the authorized number or Demerit point: One capacity. Drive or travel with limb protruding or 237(2) Penalty: 5 units in a manner not authorized. While travelling in a vehicle behave in 237(13) Penalty: 5 units a manner which is likely to distract the attention of the driver of the vehicle. Risk colliding with alighting, boarding 238(2) Penalty: 10 units or waiting bus passenger. Demerit point: One Board a public service vehicle in 238(3) Penalty: 5 units excess of the authorized capacity. Travel either on running board or on 238(3) Penalty: 10 units the bumper or on the top of the roof or in hanging condition or in a manner not authorized, or otherwise than within the body of the vehicle. Drive a vehicle which is so 239(1) Penalty: 30 units constructed or loaded, that obstruct Demerit points: Three the view of the driver. Drive a vehicle which is so 239(1) Penalty: 30 units constructed or loaded, that interfere Demerit points: Three with the driver's control over the driving mechanism of the vehicle Fail to have full control and 239(1) Penalty: 30 units uninterrupted view while driving Demerit point: Three Drive a vehicle while a child or any 239(2) Penalty: 30 units other person or an animal or any other Demerit points: Three thing is so positioned as to be between the body of the driver and the steering wheel or bar which impedes the driver in the exercise of proper control over the vehicle.
Applicable to NMV
Applicable to NMV Applicable to NMV
S-443
Offence Code General Description of Offence Section Punishments Creating the Offence 239(3) Penalty: 30 units Demerit points: Three Remarks
1102
1103
1104
1105 1106 1107
1108
1109
1110
1111
1112 1113 1114
1115
1116 1117 1118 1119
Carry or allow or permit any person to sit or stand or anything to be placed in a vehicle in such a position or manner which is unsafe and likely to impede the driver in his control of the vehicle or cause danger to other persons using the vehicle or the road. Sit or stand or place anything in a 239(4) Penalty: 10 units vehicle in such a manner or position which is unsafe and likely to obstruct drivers view or impede the driver in his control of the vehicle or cause danger to other persons using the vehicle or the road. Drive a vehicle without adjusting the 239(5) Penalty: 10 units drivers seat for easy access to the Demerit point: One controls and unimpeded view Drive without fixing rear view mirror 239(5) Penalty: 10 units (external or internal) Demerit point: One Drive without windshield glass wiper 239(5) Penalty: 10 units or wiper inoperative during rain Demerit point: One Cause obstruction, inconvenience or 240(1) Penalty: 30 units danger to other person or traffic or Demerit point: Three cause traffic congestion. Drive or ride motor cycle in 242(1)(2) Penalty: 10 units contravention of the Act or the rules or Demerit point: One regulation made there under. Ride motor cycle carrying a 242(1) Penalty: 10 units passenger when licensed for less than Demerit point: One one year Ride motor cycle with passenger not 242(1) Penalty: 10 units in side car or on a proper pillion seat Demerit point: One or not sitting stride. Ride motor cycle in excess of number 242(1) Penalty: 10 units of passengers permissible under the Demerit point: One Act Ride motor cycle without helmet or 242(2) Penalty: 10 units with passenger without helmet Demerit point: One Ride motor cycle wearing helmet 242(2) Penalty: 10 units which is unsafe or not approved. Demerit point: One Attachment of side car to a motor 242(4) Penalty: 15 units cycle without permission or in contravention of the Act or the rules or regulation made there under Drive without wearing seat belt or 243(2) Penalty : 10 units drive with unrestrained passenger Demerit point: One (driver) Fail to wear properly fastened and 243(2) Penalty: 5 units adjusted seat belt (passenger) Impede or obstruct other vehicle 257(2) Penalty: 10 units intentionally Contravene pedestrian crossing 268 Penalty: 15 units regulations by drivers Demerit points: One Drive on footway or reservation 268(7) Penalty: 10 units
Applicable to NMV
Applicable to NMV
Applicable to NMV
Applicable to NMV
Applicable to NMV Applicable to NMV Applicable to NMV Applicable S-444
Failing to Comply Orders and Instructions 1120 Fail to comply with the orders or
188(12)
Penalty: 15 units
1121
1122
1123
1124
1125
1126
1127
1128 1129
1130
1131
1132
direction given by a police officer or other authorized officer under subsection (11) of section 188. Willfully fail or refuse to stop the 189, 232, vehicle when so required or signaled 251(3), by any police officer in uniform or any 256, 287 other authorized officer under the Act. Elude or attempts to surpass or cross 189, 232, when so required or signaled by any 251(3), police officer in uniform or any other 256, 287 authorized officer under the Act. Fail to stop or proceed or keep to a 189, 232, particular line, the vehicle, when so 248, required or signaled by any police 252(1) officer in uniform or any other authorized officer or person under the Act. Fail to report the occurrence of 248 accident at a police station or to a police officer within the specified period. Contravene, neglect or disobey any 25, 26, order or direction given by any person 232, 252, or authority empowered under this 262, 265, Act. 266 Refuses to give access to, or 25, 26, assaults, obstructs or attempts to 252, 260, obstruct, hinders or delays, any officer 261, 262, or any person or authority in the 263, 264, discharge of his duties or any legal 265, 287 function. Remove or cause to be removed 265(6) without lawful authority any vehicle or trailer from the place of safe custody pending the order of a court or that of any authorized officer. Refused to give alcohol or drink test 67, 258(6), 70(4) Fail to comply with any requisition 189 made or direction given by any police officer in uniform or other authorised or prescribed person engaged in the regulation of traffic or in the execution of his duty under the Act or the rules or regulation made there under. Any person driving any vehicle, fail or 252(2) neglect to conform to the indication given by a traffic sign lawfully placed. Any person driving, fail or neglect to 252(1) obey, or obstruct other vehicle or person, disobeying a lawful order, when directed so to do by a police officer or other authorized person. Any person driving, fail or neglect to 252(1) stop the vehicle, or to make it proceed in or keep to a particular line of traffic, when directed so to do by a police
Demerit points: One
to NMV
Imprisonment: May extend to three months; and/or Penalty: 30 units or both Demerit points: Three Imprisonment: May extend to three months; and/or Penalty: 30 units or both Demerit points: Three Penalty: 10 units Demerit point: One
Applicable to NMV
Applicable to NMV
Applicable to NMV
Imprisonment: May extend to three months; and/or Penalty: 30 units or both Demerit points: Three Imprisonment: May extend to six months; and/or Penalty: 30 units or both Demerit points: Three Imprisonment: May extend to one year; and/or Penalty: 50 units or both Demerit points: Five
Applicable to NMV
Applicable to NMV
Applicable to NMV
Imprisonment: May extend to six months; and/or Penalty: 30 units or both Demerit points: Three Penalty: 10 units Demerit point: One Penalty: 10units
Applicable to NMV
Penalty: 10 units
Penalty: 20 units Demerit points: Two
Penalty: 10 units
Applicable to NMV
S-445
Offence Code General Description of Offence Section Creating the Offence 252(3), 266 252(3) Punishments Remarks
1133 1134
1135
1136
1137
1138
officer or other authorized person. Refuse or withhold information or give information which is false or untrue Disobey any direction lawfully given by any person or authority empowered under this Act. Fail or refuse or neglect to submit to examination, inspection or test of eye or health or driving competency test or any other test of health or vehicle, when requested, required or notified or signaled, by any authority or officer under this Act. Fail to give name and address or obey traffic instruction of police officer or other authorized officer or person Fails to comply with a lawful demand of any officer or person or authority under this Act Willfully mis-states or furnishes any false or misleading information or without lawful excuse refuses or fails to give any information required of him by any officer or person or authority under this Act.
Penalty: 15 units Penalty: 15 units
23, 25, 26, Penalty: 15 units 62(3) 67, 70, 106, 114(7), 247, 292(7)(10) 25, 26, Penalty: 10 units 189, 249, 253 25, 26, 71, Penalty: 10 units 253, 25, 26, 71, Penalty: 15 units 249
1139
1140
1141
1142 1143
1144
1145
Willfully or without lawful excuse 25, 26, 71, refuses to produce or hand over any 249 marking or plate or any book, document or copy thereof required of him by any officer or person or authority under this Act. Fail to attend, furnish evidence of 25, 26 persons identity or testimony when required of him by any officer or person or authority under this Act Contravene any restrictions or 35(4), prohibitions imposed under section 35 37(2) or 37 of the Act or the rules or regulation made there under Fail to remove notified traffic hazard 197(3) within the specified time. Drives or causes or allows a motor 200(3) vehicle to be driven in contravention of the prohibitions or restrictions imposed regarding the use of any controlled-access roadway or highway. Uses or drives or causes or allows a 201(5) motor vehicle to be driven in contravention of any restriction or prohibition imposed under section 201 regarding movement of traffic. Uses or drives or causes or allows a 211(4) motor vehicle to be driven in contravention of any restriction or prohibition imposed under section 211
Penalty: 10 units
Applicable to NMV
Penalty: 10 units
Applicable to NMV
Penalty: 10 units
Applicable to NMV
Penalty: 15 units Penalty: 10 units Applicable to NMV
Penalty: 10 units
Applicable to NMV
Penalty: 10 units
S-446
regarding movement of traffic on a mountain highway. 1146 Fail to remove an unauthorized 217(8) Penalty: 50 units structure within the time specified 1147 Fails, without reasonable cause, to 277(9) Penalty: 25 units comply with any of the requirements for the improvrment of road safety under section 277. 1148 Keeps or uses or allows for use, or 283(10) Penalty: 50 units drives any motor vehicle, without 284(5)(6) paying the tax prescribed for such vehicle, within stipulated time. Vehicle and Equipment 1149 Alteration or modification of a motor 112, 173, Imprisonment: May extend to vehicle to a condition which is unsafe, 174 one year; and/or Penalty: 50 units or both unlawful and not permissible under the Act or the rules or regulations made there under. 1150 Seizes or exercises control of a motor 295(2) Imprisonment: May extend to vehicle, unlawfully by force or threat of one year; and/or force, or drive a stolen vehicle. Penalty: 50 units or both 1151 Takes, uses or drives away a motor 295(1) Penalty: 50 units vehicle without the consent of the owner or other lawful authority. 1152 Otherwise than with lawful authority or 296(2) Penalty: 50 units with reasonable cause gets on to or moves or tampers with a vehicle. 1153 Loiters in or near a road or parking 296(3) Penalty: 10 units place for the purpose of importuning or importunes any other person in respect of the watching or cleaning of any motor vehicle during the absence of its driver. 1154 Drive or cause or permit to be driven 177(1) Penalty: 30 units or let out a motor vehicle for use Demerit points: Three which fails to comply with the emission standards or which emits smoke or visible vapors of such a quantity or extent as to be unlawful and dangerous to the public health and environment. 1155 Drive, cause or permit to be driven or 173, 176 Penalty: 15 units use a vehicle fitted with a tyre not in a roadworthy condition. 1156 Drive, cause or permit to be driven or 173, 176 Penalty: 30 units let out a motor vehicle or trailer for Demerit points: Three use which does not comply with the construction, weight, equipment, use and age requirements of the Act or the rules and regulation made there under other than painting works 1157 Drive, cause or permit to be driven or 173, 176 Penalty: 30 units let out a motor vehicle or trailer for Demerit points: Three use which is not in safe condition or environmentally suitable and in good working order or which does not comply with the requirements of
Applicable to NMV
Applicable to NMV
Applicable to NMV
S-447
1158
1159
1160
1161
1162
1163
1164
1165 1166
Chapter X and the rules and regulations made there under. With intent and without right to do so, damages a vehicle or damages or removes any of its parts or components With the intent to commit a crime, tampers with a vehicle, or any of its parts or components,. With the intent to commit a crime, sets or attempts to set a vehicle in motion, or interfere with the conduct or driving of the vehicle Without just cause or excuse or lawful authority, tamper or interfere with the brake or the fare meter or the speed control mechanism or any seal thereof or any other specified equipment or with a motor vehicle owned by any other person. Alteration or defacement of vehicle or chassis or engine identification number without the permission of the appropriate authority. Fail to notify change or alteration of vehicle particulars or description including the size of tyre Drive or cause or permit use of a vehicle with faulty exhaust system or producing undue noise or an offensive noise or a noise or smell to be a cause of annoyance to the public No silencer or inefficient silencer Affix or cause or allow fitting of any horns, or any sound producing devices on a vehicle or use any air horn or horns or bells or other similar devices not permissible or prohibited under this Act or the rules or regulations made there under or prohibited by any competent authority having jurisdiction over the area. Blow or use a horn or any sound producing device continuously or use a horn at prohibited time or place or in a manner prohibited or not permissible under this Act, or of any rules or regulations made there under or prohibited by any competent authority having jurisdiction over the area. Fail to carry Fire Extinguishers or First Aid Box on specified class of vehicles Use a vehicle in the commission of a cognizable offence.
298(1)
Imprisonment: May extend to one year; and/or Penalty: 50 units or both Imprisonment: May extend to one year; and/or Penalty: 50 units or both Imprisonment: May extend to one year; and/or Penalty: 50 units or both Penalty: 30 units
Applicable to NMV
298(2)
298(2)
298(3)
Applicable to NMV
112
Penalty: 50 units
Applicable to NMV
112(9)
Penalty: 15 units
Applicable to NMV
173
Penalty: 15 units Demerit point: One
173 175
Penalty: 10 units Demerit point: Nil Penalty: 10 units Demerit point: One
Applicable to NMV
1167
175
Penalty: 10 units. Demerit point: Nil
Applicable to NMV
1168 1169
129, 246 Penalty: 10 units Demerit point: one 361(2) Imprisonment: May extend to six months; and/or Penalty: 30 units or both S-448
Offence Code General Description of Offence Section Creating the Offence 361(2) Punishments Remarks
Use a vehicle for illegal or immoral purposes. 1171 An operator of a place of business for garaging, repairing, parking or storing vehicles for the public, fails to report unclaimed vehicle(s). 1172 Makes, or assists, abets, or solicits the making of, a false report of the theft, destruction, damage, or conversion of a vehicle. Licensing and Registration 1173 Drive, permit or allow or cause a motor vehicle to be driven in contravention of any restrictions or prohibition imposed under the Act or the rules or regulation made there under. 1174
1170
Demerit points: Three Penalty: 25 units Demerit points: Two 299(3)(4) Penalty: 25 units
300
Penalty: 25 units
Applicable to NMV
72
Penalty: 50 units
Applicable to NMV
1175 1176
1177
Obtain or apply for a driving license66(2) Penalty: 25 units i. without giving particulars of current Driving license so obtained endorsement; or shall be of no effect ii. when disqualified for holding or obtaining such a license. Alter a driving license or use an 66(3) Penalty: 15 units altered driving license Drive with a foreign license or permit 75(2) Penalty: 15 units during suspension or revocation of a driving license issued under the Act. Drive, employ, permit or allow a Imprisonment: May extend to person to drive a motor vehicleone year; and/or i. without license or unlicensed; or 48,52,72 Penalty: 50 units or both 48, 53, 52, Penalty: 25 units ii. with improper or ineffective 66 license; or 51, 52 iii. without an appoinment letter; or Penalty: 15 units 51, 52, Penalty: 25 units iv. beyond the hours of work fixed under the provisions of this Act or any rules or regulations made there under v. with unlawful blood alcohol level; 70(2),258( Penalty: 25 units 1) or 258(1) Penalty: 30 units vi. when under the influence of 69, 70, alcohol or other intoxicating substance; or vii. when under aged or over aged; or 50,52,69, Penalty: 25 units 72 viii. in contravention of specified age limit; or 50,52,69 Penalty: 25 units ix. when disqualified for holding or obtaining a driving license; or 52, 63, 66, Penalty: 15 units x. when the license has expired; or 69, xi. when the license has been Penalty: 15 units suspended or cancelled; or 63, 66, Penalty: 25 units xii. when incapable of driving safely; 69,52, or xiii. when unable to drive by reasons 70(1) Penalty: 25 units of physical or mental or other 69 disability or disease or condition;
Applicable to NMV
Applicable to NMV
Applicable to NMV
S-449
Offence Code General Description of Offence Section Creating the Offence 69 Punishments Remarks
1178
1179
1180
1181
or xiv. when driving of a motor vehicle by such person to be a source of danger to the public or to the passengers or to other vehicle or traffic; or xv. with fictitious or fraudulently altered driving license. Drive or cause or allow a motor vehicle to be driven or let out a motor vehicle or a combination thereof for use i. without authorization certificate required by section 91; or ii. with an improper authorization certificate iii. without registration required under section 100; or iv. without the registration certificate issued under section 102; or v. without displaying specified label or labels, token or card required by section 108; or vi. without fitness certificate referred to in section 117; or vii. without the tax token or card or certificate issued under section 282; or viii. without the certificate of insurance or secutity required under section 312 or 314; or ix. fixing expired, defaced, mutilated or illegible label(s); or x. fixing improper or altered or forged label(s); or xi. when such certificate, or tax token or insurance or security has expired or is invalid; or xii. when such certificate, or tax token or insurance or security has been suspended or cancelled; or xiii. when the holder of the license or certificate or permit is disqualified . Issue driving license or authorization to a person not eligible for such license or authorization. Fail to surrender or forward the certificate of registration, the number plate and any token or card or certificate or authorization or permit or franchise certificate issued to authorize the use of vehicle in a public place. Fail to surrender the driving license
Penalty: 50 units
72
Penalty: 50 units Applicable to NMV
91, 246(1) Penalty: 50 units 92(7) Penalty: 50 units
100, 119, Penalty: 50 units 246(1) 102, 119, Penalty: 15 units 246(1) 100, 108(2) 117(9), 246(1) 282 246(1), Penalty: 10 units
312, 314, Penalty: 10 units 246(1) 108(2) 108(2) 103, 246(1) 246(1) Penalty: 10 units Penalty: 50 units Penalty: 10 units
Penalty: 10 units
246(1)
Penalty: 10 units
50(4), 54(7) 102(2), 113(5), 114(7), 117(6)
Penalty: 25 units
Penalty: 10 units
59(9)
Penalty: 10 units
Applicable S-450
1182
1183
1184
1185
1186
1187
1188
when required to do so(i) on becoming unfit to drive by virtue of any disease or disability; or (ii) on attaining the highest limit of age for holding a driving license. Work as driver or act as conductor or other worker or employ as such a workeri. without vocational license; or ii. with improper or ineffective vocational license; or iii. in contravention of any condition of such license; or iv. in contravention of any restrictions or prohibitions imposed under the Act or any rules or regulations made there under; or v. when disqualified for holding or obtaining a vocational license; or vi. when such license has been suspended or cancelled; or vii. without having any appointment letter; or viii. in contravention of the restrictions on the hours of work. Fail or refuse to display or produce any license or certificate or permit or other documents or the vehicle, when required or signalled to do so by any authorized police officer or other authorized officer or authority or person. Fail or refuse to pay the fee or additional fee payable for the inspection of a vehicle under the Act or any rules or regulations made there under. Fail or refuse to surrender any license, certificate or registration or any other documents, any plate or badge or number when required to do so by any competent authority under this Act. Own or posses or keep a motor vehicle for use without having a valid Authorization Certificate. Assign or transfer or attempt to assign or transfer the Authorization Certificate without approval of the authority. Keep or use any other vehicle, or use greater number of vehicle, or use the vehicle in any other time or day or for the purpose not specified in the Authorization Certificate.
to NMV
Applicable to NMV 85, 86, 87 Penalty: 10 units 85, 86, 87 Penalty: 10 units 85, 86, 87 Penalty: 10 units 85, 86, 87 Penalty: 10 units
85, 86, 87 Penalty: 5 units 85, 86, 87 Penalty: 5 units 51, 85 51, 136 Penalty: 5 units Penalty: 5 units Applicable to NMV
245(1)(2) Penalty: 10 units
245(3)
Penalty: 10 units
Applicable to NMV
68, 61, Penalty: 15 units 71, 113(5)
Applicable to NMV
91(5)
Penalty: 50 units
92(5)
Penalty: 50 units
92(9)
Penalty: 50 units
Applicable to NMV
S-451
Offence Code General Description of Offence Section Punishments Creating the Offence 94(2) Penalty: 10 units Remarks
1189
1190
1191 1192
1193
1194 1195
1196
1197 1198 1199 1200
1201
1202
1203
1204
1205
1206
1207 1208 1209
Fail to exhibit an Authorization Certificate or its main features as required under the Act. Exhibit an unlawful Authorization 94(2) Certificate on any motor vehicle or produce any such authorization to any authority or officer for any purpose. Unlawful use of foreign vehicle 98(2) beyond prescribed period. Use a foreign vehicle in Bangladesh 98(2) without informing the authority and in contravention of the Act or the rules or regulations made there under. Fail to report the change of address 79, 86 by the driver or the conductor or other worker Driver failing to have license in his or 245(1) her possession while driving Fail to produce driving or vocational 64(4), 86 license for endorsement of punishments. Probationer or learner driver driving a 49(8) higher category or a category of motor vehicle not authorized Fail to obey license condition, learner 49(8), 53, driver and others 71 Fail to display "L" plates when 49(8) required Display "L" plates when not required 49(8) Fail to surrender the driving license 68(6) when required to do so on suspension, cancellation or disqualification Fail to notify change of address by the 109(3), owner or the permit holder 129(2), 246(1) Use of vehicle past the period ?108 permissible after expiry of label(s) or tax token Label(s) obscured, or defaced, 108 mutilated or illegible or not easily distinguishable Number plate obscured, not clearly 102(2), distinguishable, improperly covered or 119 defaced. Fail to return number plates when 102(2), required 113(5), 114(7) Permits or lends for use a registration 102(3), mark or a certificate of registration or 122 a number plate by another person or vehicle. Use an expired or invalid certificate of 103(4) registration Insurer fails to inform the registering 114(5) authority as required under the Act. Display no number plate on the 100,
Penalty: 15 units
Penalty: 5 units
Penalty: 15 units
Penalty : 10 units Penalty : 5 units Penalty : 5 units Penalty : 10 units
Applicable to NMV
Penalty : 10 units
Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV
Penalty : 10 units
Penalty : 10 units
Penalty: 10 units
Penalty: 10 units
Penalty: 10 units
Penalty: 15 units Penalty: 15 units Penalty : 15 units
Applicable to NMV
Applicable S-452
Offence Code General Description of Offence Section Punishments Creating the Offence 102(2), 119 102(2), Penalty: 10 units 119 116(7) Penalty: 10 units Remarks
vehicle 1210
to NMV Applicable to NMV Applicable to NMV Applicable to NMV
Number plate not displayed in the manner required. 1211 Fail to exhibit the particulars as required 1212 Fail to comply with transfer 110(6) Penalty : 15 units requirements by the owner. 1213 Fails to give particulars and 321(1)(5) Penalty : 25 units information required with respect to insurance policy or the security on the demand by or on behalf of the person making the claim, or wilfully makes any false or misleading statement, in reply to any such demand. 1214 Fails to surrender a certificate of 330(1)(2) Penalty : 15 units insurance or a certificate of security on cancellation, termination or suspension of such insurance or security or to make an affidavit if the said certificate has been lost or destroyed. 1215 Fail to carry or produce insurance 332, 333 Penalty : 15 units certificate when required. 1216 Fail to keep record of the drivers or 52, 86 Penalty : 15 units workers details or fail to make the said record available to any authorized officer or authority on demand. 1217 Hold a driving license not authorized 53(1) Penalty : 10 units to hold under the Act. 1218 Permit or lend for use a driving license 53(2), 71, Penalty: 10 units by another person. 1219 Hold or use a mutilated or defaced 53(3) Penalty: 10 units driving license Transport Vehicles and Routing 1220 Drive, permit or allow or cause a 122, 142 Penalty: 30 units transport vehicle to be driven or used Demerit points: Three in contravention of any restrictions or prohibition imposed under the Act or the rules or regulation made there under. 1221 Stop vehicle at a place other than the 246 Penalty : 10 units specified halting stations. 1222 Loiter for passenger or pickup 246 Penalty : 10 units passenger from a place other than the specified halting stations. 1223 Refuse or fail to complete the journey 246 Penalty : 15 units between the termini by a public service vehicle 1224 Refuse to carry bona fide passenger 246 Penalty : 15 units by a public service vehicle or a taxi cab or a baby taxi 1225 Fail to maintain a public service 246 Penalty : 10 units vehicle in a clean and sanitary condition 1226 Fail or neglect to proceed to the 246 Penalty : 15 units
Applicable to NMV
Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable S-453
1227
1228 1229
1230
1231 1232 1233
1234
1235
1236
1237
1238
1239 1240 1241
1242
destination named by the hirer by the shortest and quickest route by a taxi cab or a baby taxi Fail to exhibit fare chart or the haltage chart or the time table in the prescribed manner Fail to exhibit the permit or permission or franchise certificate as required Exhibit an unlawful permit on any motor vehicle or produce any such permit to any authority or officer for any purpose Fail to install or not use fare meter when required to do so by a taxi cab or a baby taxi Charge fare higher than the approved rate Fail to wear prescribed uniform or badges Fail to behave in a civil and orderly manner to passengers and intended passengers by the driver or conductor or passenger of a public service vehicle Behave in a manner likely to cause annoyance to any female passenger by the driver or conductor or passenger of a public service vehicle Interfere with persons boarding or alighting from the bus or boarding or preparing to board upon any other bus or vehicle Fail to issue ticket of correct denomination by the driver or conductor or in charge of a public service vehicle Cause or permit or allow use of a public service vehicle for an illegal or immoral purpose. Use an abusive language to any passenger or molest any other passenger in a public service vehicle Obstruct the conductor or the driver in the execution of his lawful duties. Interfere with the conduct or driving of the vehicle Spits or through garbage or do such other thing to render a public service vehicle dirty by other than sick passenger. Fail to vacate seats reserved for lady passengers or senior citizens or mentally retarded children or children upto tweve years of age or disabled or handicapped passengers or the space in the region of such reserved seats by any passenger
to NMV
246
Penalty : 10 units
132(2), 132(2)
Penalty : 15 units Penalty : 15 units
246
Penalty : 15 units
246 246 246, 237(3)
Penalty : 15 units Penalty : 10 units Penalty : 10units
246, 237(3)
Penalty : 15 units
Applicable to NMV
246, 237(4)
Penalty : 10 units
Applicable to NMV
246
Penalty : 10 units
361
Penalty : 25 units
246, 237(5) 246, 237(6) 246, 237(6) 246, 237(7)
Penalty : 15 units
Penalty : 10 units Penalty : 15 units Penalty : 10 units Applicable to NMV Applicable to NMV
246, 237(8)
Penalty : 10 units
S-454
Offence Code General Description of Offence Section Punishments Creating the Offence 246, Penalty : 10 units 237(9) 237(10) Penalty : 10 units Remarks
1243
1244
1245 1246 1247 1248 1249 1250 1251 1252
Boards or travels or allows traveling in a public service vehicle a person with contagious or infectious disease. Ride on any vehicle or upon any portion thereof not designed or intended for the use of passengers Alight from or board a moving vehicle Not operating taxi meter Taxi meter indicator not fitted, obscured, not operating. Touting for passengers Needlessly standing Fail to record at appropriate fare rate Fail to observe limit on hours of driving Log book offence (if prescribed) (a) fail to possess (b) fail to record details (c) fail to make record available (d) deface page (e) fraudulently use or alter Pages of log book used out Log book not signed Insecure load Faulty tyre (public service vehicle) Fail to activate hazard warning device on bus when required (if prescribed) Let bus door remain open while vehicle is in motion other than city or local service Fail to employ two-up driver, or cause or permit a motor vehicle or trailer to be driven or drawn in contravention of section 244 or any rules or regulations made there under Fail to inscribe the name of route or area or not print particulars on the vehicle required by this Act or the rules and regulation Drive, employ, permit or allow a person to drive a motor vehiclei. without an appoinment letter; or ii. beyond the hours of work fixed under the provisions of this Act or any rules or regulations made there under. Drive or cause or allow a motor vehicle to be driven or let out a motor vehicle or a combination thereof for use or operate a PTSi. without permit or franchise certificate or operators license
Applicable to NMV
238(1) 246 246 246 246 246 246 52, 246
Penalty: 10 units Penalty : 15 units Penalty : 15 units Penalty : 10 units Penalty : 10 units Penalty: 10units Penalty : 10 units Applicable to NMV Applicable to NMV
1253 1254 1255 1256 1257 1258
52, 246 52, 246 193 173 173 233
Penalty: 5 units Penalty: 5 units Penalty: 5 units Penalty: 5 units Penalty: 5 units Penalty: 5 units Penalty: 5 units Penalty: 15 units Penalty: 15 units Penalty: 15 units Penalty: 15 units
1259
244
Penalty: 15 units
1260
Applicable to NMV
1261
51, 52 51, 52, 136
1262
122, 142, Penalty: 30 units 246(1) Demerit points: Three S-455
1263
1264
1265
1266
1267
1268
1269
1270
1271
referred to in section 122 or 142; or ii. in contravention of any 122, 129, Penalty: 15 units conditions of the permit or 142, permission or franchise or 148(3), operators license; or 246(1) iii. when such certificate, permit or 103, 128, Penalty: 15 units operators license or franchise 142(6), has expired or is invalid; or 246(1) iv. when such certificate, permit or 246(1) Penalty: 15 units operators license or franchise has been suspended or cancelled. Operate any other vehicle, or greater 142(10) Penalty: 50 units number of vehicle, or use the vehicle in any other route, or area or time or day or for the purpose not authorized by the operators license or franchise. Issue a permit or operators license or 123(2), Penalty: 50 units franchise to a person not eligible for 143(2) such permit or license or franchise. Fail to exhibit an operators license or 144(2) Penalty: 10 units its main features or the franchise certificate as required under the Act. Exhibit an unlawful operators license 144(2) Penalty: 15 units or franchise certificate on any motor vehicle or produce any such license or certificate to any authority or officer for any purpose or use any fictitious license or certificate. Issue a permit or operators license or 125(5), Penalty: 50 units franchise in contravention of any 147(2) restrictions or prohibitions imposed under the Act or any rules or regulations made there under or in excess of the number fixed. Assign or transfer or attempt to assign 155(1) Penalty: 50 units or transfer an operators license or franchise without approval of the authority. Fail or refuse to surrender any permit 157(3) Penalty: 50 units or operators license or permission or franchise certificate or any other documents, or any plate or badge or marking or number when required to do so by any competent authority or under this Act or any rules or regulations made there under. Fail to affix or display any plate or 157(4) Penalty: 15 units marking including painting on any vehicle as required by the Act or by the rules or regulations made there under or affix or display any unlawful or fictitious plate or marking or painting. Demand or take or attempt to take by 158(4) Penalty: 15 units the owner, operator or the worker, any
Applicable to NMV
Applicable to NMV
Applicable to NMV
Applicable to NMV
1272
1273
1274
1275
1276
money in excess of rates of hire or fares or freights, approved or prescribed. Fail or refuse to pay by the passenger or by the hirer the approved or prescribed rate of hire or fare or freight, when lawfully demanded. The owner or the operator, the worker of whose vehicle is reasonably believed to be guilty of an offence under this Acti. fail or refuse to give name and address or any other information required in respect of his worker; or ii. give false name and address or information Undertake construction, development, improvement, maintenance, management, control and operation of terminals (interchanges) for any class of public vehicles, or stands and halting places for such vehicles, and such other specified road transport or public transport facilitiesi. without approval of the authority or without a license granted under chapter IX of the Act; or ii. in contravention of any conditions of authorization or the license granted; or iii. when such approval or authorization is withdrawn or the license has expired or is invalid; or iv. when such license has been suspended or cancelled. Assign or transfer or attempt to assign or transfer a license granted under chapter IX of the Act without approval of the authority. Carry unauthorized goods in a public service vehicle Carry fish or poultry or live stock in a public service vehicle
158(5)
Penalty: 10 units, in addition to the approved or prescribed rate of hire or fare or freight
Applicable to NMV
Applicable to NMV
160(3)
Penalty: 10 units
Penalty: 20 units
165(2)
Penalty: 50 units
167, 169 Penalty: 50 units
Penalty: 50 units
Penalty: 50 units 167 Penalty: 50 units
1277
Permits or lends for use a permit or permission, or a franchise certificate or an operators license by another person or vehicle. Towing Vehicle 1279 Draw more than authorized number of trailers. 1280 Tow a vehicle in a manner likely to cause danger or in a manner not permissible under the Act or the rules or regulations made thereunder
1278
129, 209(1), 246(1) 129, 209(1), 246(1) 102(3), 122, 246(2)
Penalty: 15 units Demerit point: Two Penalty:10 units Demerit point: One Penalty:10 units
Applicable to NMV
Applicable to NMV
?? ??
S-457
Offence Code General Description of Offence Section Punishments Creating the Offence ?? Penalty: 5 units Remarks
1281
Tow truck driver operate flashing light other than at breakdown or accident scene
Driver Training 1282 Give driving instruction on payment without holding a motor driving instructor's certificate or in breach of any conditions of such certificate. 1283 Run a driver training school without a license issued or approval given by the appropriate authority or in contravention of any conditions of such license. 1284 Run a driver training school when the license is expired or suspended or cancelled or in contravention of the Act or the rules or regulations made there under. 1285 Fail to return the driver training school license on suspension or cancellation. Failing to discharge duties 1286 Fail to ensure accidentally putting a vehicle in motion which resulted in an accident causing death of another person.
76(15)
Penalty: 25 units
Applicable to NMV
77(7)
Penalty: 50 units
Applicable to NMV
78(6)
Penalty: 50 units
Applicable to NMV
78(6)
Penalty: 10 units
Applicable to NMV
241
1287
Fail to ensure accidentally putting a vehicle in motion which resulted in an accident causing grievous bodily injury to another person.
241
1288
Fail to ensure accidentally putting a vehicle in motion which resulted in an accident causing bodily injury to another person or damage to the property of another person.
241
Imprisonment: May extend to five years; and/or Penalty: Not less than 50 units and may extend to 500 units or both; and adequate compensation to the heirs of the victim Demerit points: Eight Mandatory disqualification for at least three years which may extend to life time Imprisonment: May extend to three years; and/or Penalty: Not less than 25 units and may extend to 250 units or both; and adequate compensation to the victim Demerit points: Five Mandatory disqualification for at least one year which may extend to three years Imprisonment: May extend to one year; and/or Penalty: Not less than 10 units and may extend to 100 units or both; and adequate compensation to the injured person and/or to the owner of the damaged property Demerit points: Five Mandatory disqualification for at least one month which may extend to one year S-458
Offence Code Section Punishments Creating the Offence Fail to ensure accidentally putting a 241 Penalty: 25 units vehicle in motion Demerit points: Two Leave a vehicle unattended causing 241, Penalty : 15 units danger or inconvenience Demerit point: one After accident, fail to stop, render 278(1)(2) Imprisonment: May extend to assistance, secure medical attention six months; and/or Penalty: 30 units or both and give name and address and other Demerit points: Three particulars pertaining to the vehicle and the owner. Fail to report accident to the police 278(1)(6) Imprisonment: May extend to and produce driving license and other six months; and/or Penalty: 30 units or both documents as required. Demerit points: Three Fail to discharge duties after the 278(2)(6) Penalty: 25 units accident Demerit point: Two Without just cause or reasonable 278(3) Penalty: 25 units excuse or lawful authority interfere or remove the vehicle(s) from the scene of accident Fail to furnish the evidence of the 25 Penalty: 10 units persons identity Fail to attend, or decline to give 280, 25, Penalty: 25 units witness or produce documents or 26 vehicle for inspection, or give a false or misleading or untrue statement or information or withhold information to inquiry held by competent authority or when required by any person or authority empowered under this Act. Obstruct the officer or the team 280, 25, Penalty: 25 units holding inquiry in the performance of 26 his or its duty. Fail to give any information which is 249(2)(3), Penalty: 15 units within the power of the owner or the 25 106(6) worker to give or fail to make all reasonable diligence in order to obtain that information. Fail to forward or deliver to the 106(6) Penalty: 10 units authority or officer, the certificate of registration whenever required. Willfully furnishes any false or 249(3), 25 Penalty: 25 units misleading information Refuse to give name and address or 253(5) Penalty: 25 units give false name and address in case of reckless or dangerous or careless or inconsiderate driving Disclose information unlawfully under 33 Penalty: 25 units the Act Fail to register foreign driving license 74(5) Penalty: 15 units Contravenes or fails to comply with any condition of the authorization or any of the provisions of section 38 or rules or regulations made thereunder Fail to report by the driver, the change of his address recorded in the driving license or the traffic violations 38(7) Imprisonment: May extend to two years; and/or Penalty: 50 units or both Penalty: 10 units Applicable to NMV General Description of Offence Remarks
1289 1290 1291
1292
Applicable to NMV
1293 1294
1295 1296
Applicable to NMV
1297
1298
1299
1300 1301
1302 1303 1304
1305
79(4)
S-459
committed or convictions awarded, to the licensing or other authority as required under the Act or the rules or regulations made there under 1306 Fail to report the change of his address recorded in the driving license or the traffic violations committed or convictions awarded or suspension or cancellation of license or any disqualification, to the employer as required under the Act or the rules or regulations made there under. 1307 Fail to attend at the office of the authority or other authorized officer as required under the Act or the rules or regulations made there under. 1308 Fail to permit test of his health or impressions of his fingers to be taken as required under the Act or the rules or regulations made there under 1309 Fail to produce his driving license, appointment letter and other documents or identification card as required under the Act or the rules or regulations made there under 1310 An emergency vehicle fails to make use of an audible signal, and visual signals meeting the requirement of this Act. 1311 An emergency vehicle fails to drive with due regard for the safety of all persons or vehicles or traffic. Sale of Motor Vehicle, parts or equipment 1312 Import, sell or offer for sale or deliver a motor vehicle or traileri. without the type approval certificate; or ii. which does not comply with the requirements of Chapter X of the Act or the rules or regulation made thereunder. 1313 Import or sell or supply or offer for sale, supply or delivery or cause or permit to be sold, supplied, or offered for sale, a vehicle or component parts thereof which does not comply with the requirements of the Act or the rules and regulation made there under. 1314 Manufactured, assembled, re-built or altered or manufacture, assemble, rebuilt or alter a vehicle or component parts thereof in a manner not permissible under the Act or which does not comply with the requirements of the Act or the rules
79(4)
Penalty: 10 units
Applicable to NMV
80(2)
Penalty: 10 units
Applicable to NMV
80(2)
Penalty: 10 units
Applicable to NMV
80(2)
Penalty: 10 units
Applicable to NMV
215(3)
Penalty: 10 units
215(4)
Penalty: 10 units
173(3), 174(1)
Imprisonment: May extend to one year; and/or Penalty: 50 units or both
173, 174 Imprisonment: May extend to one year; and/or Penalty: 50 units or both
Applicable to NMV
173, 174 Imprisonment: May extend to one year; and/or Penalty: 50 units or both
Applicable to NMV
S-460
1315
1316
1317
1318
1319
1320
1321
1322
1323
and regulation made there under. Sell or offer for sale or deliver 173, 174 components or equipment or accessories which are of low quality or have been prohibited to be used in a motor vehicle under this Act, or the rules or regulations made there under, or under any other laws or by laws. Import, sell or offer for sale or have in 242(3) possession for sale any protective helmet which is not of a type prescribed or approved Import, sell or offer for sale or deliver 243(3) or fix in a motor vehicle any safety seat belts not conforming to the standards prescribed and the type approved. Sell or offer for sale or deliver a motor 93(2) vehicle or trailer, without giving the particulars and specifications, or the documents that may be necessary for the Authorization Certificate and registration of the vehicle or the trailer. Carry on, or conduct the business of a 180 manufacturer or assembler or importer of motor vehicles or dealer in motor vehicles, trailers or semitrailers, whether new or used, or in their parts or equipment without the license or registration as required under the Act or the rules or regulations made there under. Move to anyone or more of places of 180, 181 business or open any additional place of business without approval of the authority or obtaining a supplemental license or registration. Fail to maintain or allow inspection by 180, 181 the authority or authorized officers, the inventory or records or the premises of the licensee (dealers) as required under the Act or the rules or regulations made there under. Carry on or conduct or undertake the 181 business of selling used parts or used accessories for vehicles, wrecking or dismantling vehicles for resale of parts thereof, or re-building of wrecked, dismantled vehicles or salvaged vehicles or repair works of any motor vehicles without approval or license or registration. Fail to comply with license or 180, 181, registration and transfer requirements 182 by the dealer or assembler or importer or manufacturer
Applicable to NMV
Penalty: 25 units
Penalty: 25 units
Penalty: 15 units
Applicable to NMV
Penalty: 50 units
Applicable to NMV
Penalty: 50 units
Applicable to NMV
Penalty: 50 units
Applicable to NMV
Penalty: 50 units
Applicable to NMV
Penalty: 50 units
Applicable to NMV
S-461
Offence Code General Description of Offence Section Punishments Creating the Offence 182 Penalty: 50 units Remarks
Assign or transfer or attempt to assign or transfer a trade certificate without approval of the authority 1325 Use for demonstration purposes any 182 vehicle without an Authorization Certificate or a trade certificate. 1326 Keep or use any other vehicle, or 182 greater number of vehicle, or use the vehicle in any other time or day or for the purpose not specified in the trade certificate. 1327 Fail to comply with the requirements 182 or contravene the conditions of a trade certificate. 1328 Being a manufacturer, assembler or 183 dealer of motor vehicles, fails to cause a notice of the defect in any vehicle manufactured or assembled or sold by him. 1329 Manufacturer, assembler or dealer of 183 motor vehicles fails to notify or rectify any safety-related defect in any vehicle manufactured or assembled or sold by him. Forgery and Fraudulence 1330 Forges or fraudulently alters, tampers 305, 108, with, defaces, mutilates, or makes or 53, 86 uses or exhibits, or lends to or sells, or allows, or permits to be used by any other person, any license, registration or certificate, or permit, or card or token or label or other documents or badge or any identifying number or mark or any other thing that is required under this Act or the rules or regulations made there under or conceals or obliterates any endorsement thereon or knowingly has in his custody or possession any such documents, number or mark or other thing. 1331 Makes a false or incorrect statement 307(1) or declaration or withholds any material fact or information, in the course of giving evidence at any inquiry held under this Act or under any rules or regulations made there under. 1332 Obtain or attempt to obtain for him/her 71, 86, self or for others any license, 307(1) registration, permit, fitness certificate or any other document(s) or the renewal of any such document(s), or any number or mark or plate by false or incorrect statement or by misrepresentation or other dishonest means under this Act.
1324
Penalty: 50 units
Penalty: 50 units
Penalty: 50 units
Penalty: 50 units
Penalty: 100 units
Applicable to NMV
Imprisonment: May extend to three months; and/or Penalty: 50 units or both
Applicable to NMV
Imprisonment: May extend to six months; and/or Penalty: 50 units or both Any license or other documents so obtained shall be of no effect.
Applicable to NMV
S-462
Offence Code General Description of Offence Section Punishments Creating the Offence 307(2) Imprisonment: May extend to three months; and/or Penalty: 50 units or both Remarks
1333
1334
1335
1336
1337
Makes a statement or supply information which he knows to be false or produces or furnishes or sends or otherwise makes use of a document which he knows to be false, when required by any authority or officer acting under this Act or any rules or regulations made there under. Being a manufacturer or an assembler 307(3) or an importer or a dealer in motor vehicles or parts of motor vehicle or equipment gives a false warranty or guarantee to a purchaser. Falsely represents himself to be an 308 authorized officer or a competent authority under this Act or any rules or regulations made there under Uses a symbol or representation 8(2) identical with that of the Authoritys symbol Hold or use a forged or altered driving 53(3), 86 license. Hold or use a forged or altered a vocational license. Makes a false or misleading entry in any book, record, register, certificate, or other document required to be issued, kept, maintained or furnished under this Act or any rules or regulations made there under. Makes any document containing a false statement or entry, intending it for submission or submits it to any authority or in evidence at an inquiry held under this Act or any rules or regulations made there under. Issues or uses any document or certificate or test certificate or manufacturer's certificate, type approval certificate or insurance certificate, if the document or certificate so issued or used is false or fictitious. Alter, deface or mutilate or add any thing by writing or in any other way to a certificate of registration or produce any such certificate to any authority or officer for any purpose. Alter, deface, mutilate or add any thing by writing or in any other way to any Authorization Certificate or produce any such certificate to any authority or officer for any purpose. Alter, deface, mutilate or add any thing by writing or in any other way to
Applicable to NMV
Applicable to NMV
Imprisonment: May extend to one year; and/or Penalty: 50 units or both Penalty: 10 units
Applicable to NMV
1338
1339
Imprisonment: May extend to one year; and/or Penalty: 50 units or both 53(3), 86 Imprisonment: May extend to three months; and/or Penalty: 25 units or both 306(1) Imprisonment: May extend to three months; and/or Penalty: 25 units or both
Applicable to NMV
Applicable to NMV
1340
306(1)
Applicable to NMV
1341
306(1)
Applicable to NMV
1342
103(4)
Penalty: 50 units
Applicable to NMV
1343
94(2)
Penalty: 50 units
Applicable to NMV
1344
132(2)
Penalty: 50 units
1345
1346
1347
1348
1349
1350
1351
1352
1353
1354
1355
any permit or permission or franchise certificate or operators license or produce any such document to any authority or officer for any purpose. Use any fictitious permit or permission 132(2) Imprisonment: May extend to or franchise certificate or operators six months; and/or license. Penalty: 50 units or both Alter, deface, mutilate or add any 166(7) Penalty: 50 units thing by writing or in any other way to any license issued under chapter VIII or produce any such document to any authority or officer for any purpose Make false declaration in connection 71, 369, Imprisonment: May extend to with application for license, 86 six months; and/or Penalty: 50 units registration, permit, insurance or tax token/certificate or such other document or any badge, mark or such other thing Use or allow the use of any motor 284(5)(6) Imprisonment: May extend to vehicle, in respect of which the tax six months; and/or Penalty: 50 units or both due has not been paid, and the tax token or the tax receipt of the vehicle have been forged, tampered or fraudulently obtained. Gives incorrect particulars or 286(3) Penalty: 50 units information in relation to any matter, affecting the amount of tax payable for the vehicle. Submits a false or incorrect 286(3) Penalty: 50 units declaration under section 286, or otherwise without reasonable cause or excuse contravenes the said section. Not entitled to the possession of a 297(1)(2) Imprisonment: May extend to vehicle or parts thereof, receives, six months; and/or Penalty: 50 units or both possesses, conceals, sells or disposes of such vehicle or parts knowing it to be stolen, converted, or taken by fraud. Willfully and with intent to conceal or 301(1)(2) Imprisonment: May extend to misrepresent the identity of a vehicle six months; and/or Penalty: 50 units or both or component part, removes or falsifies any identification number. Buys, receives, possesses, sells, or 301(3) Imprisonment: May extend to disposes of a vehicle or component six months; and/or Penalty: 50 units or both part, knowing that an identification number has been removed or falsified and with intent to conceal or misrepresent the identity of the vehicle or component part. Removes a registration plate from a 301(4) Imprisonment: May extend to vehicle or affixes to a vehicle six months; and/or Penalty: 50 units or both registration plate not authorised by law for use on it, in either case with intent to conceal or misrepresent the identity of the vehicle or its owner. Possesses any identification number, 301(5) Imprisonment: May extend to
Applicable to NMV
Applicable to NMV
Applicable to NMV
Applicable to NMV
Applicable to NMV
Applicable to NMV
Applicable to NMV
Applicable to NMV
Applicable S-464
plate, or label which has been six months; and/or removed from the original vehicle or Penalty: 50 units or both component part, or on which the identification number has been removed or falsified. 1356 Whether present or absent, aids, 303 Imprisonment: May extend to abets, induces, procures or causes six months; and/or Penalty: 50 units or both the commission of an act unlawful. Parking Infringements 1357 Leave a motor vehicle or any other 236(6), Penalty: 30 units material in contravention of any 240(1), prohibition or restriction under the Act, 189(6) or in such a position so as to cause or 224, 225, be likely to cause danger, obstruction 226, or undue inconvenience to other traffic or users of the road 1358 Stop a vehicle by the side of another 225(1), Penalty: 15 units stationary vehicle or parking a vehicle 240(1), Demerit point: one parallel to another stationary/parked 224, vehicle causing danger or 189(6) inconvenience to other traffic or road users. 1359 Stand on 'Bus Stop' or 'Bus Stand' or 224, 226, Penalty: 10 units taxi stand by other vehicle 189(6) 1360 Stand in a prohibited area 224, 226 Penalty: 10 units 1361 1362 1363 1364 1365 1366 1367 1368 Stand contrary to notice at leading zone Stand contrary to notice No Standing or No Parking Stand contrary to notice in excess time limit Load vehicle contrary to notice Drive contrary to notice Contravene order relating to on street or off street parking place Tamper with parking meter (if any) or use false coin Presence of a vehicle in a parking area224, 189(6) 224, 189(6) 224, 189(6) 224, 189(6) 189(6) 224, 189(6) 224, 189(6) Penalty: 10 units Penalty: 10 units Penalty: 10 units Penalty: 10 units Penalty: 10 units Penalty: 10 units Penalty: 10 units
to NMV
Applicable to NMV
Applicable to NMV
Applicable to NMV
Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV Applicable to NMV
1369
a) at an expired meter, or 224, b) without payment of the appropriate 189(6) parking fee; or c) for a longer period than that fixed in relation to the vehicle and parking are concerned; or d) not within or wholly within a parking bay or e) contrary to any other requirement applicable to the parking area. Presence of a vehicle224, 225, (a) in a no standing area; or 226, (b) in a no parking areas; or 189(6) (c) not parallel to the boundary of the
Penalty: 5 units Penalty: 5 units Penalty: 5 units
Penalty: 5 units Penalty: 5 units Applicable to NMV
Penalty : 5 units Penalty : 5 units Penalty : 5 units
S-465
carriageway concerned; or (d) too far from the boundary of the carriageway concerned; or (e) causing undue obstruction; or (f) in front of a private drive; or (g) on a footway or reservation; or (h) opposite double lines; or (i) within 1 metre of a fire hydrant or plug; or (j) within 9 metres of traffic lights not at an intersection; or (k) within 15 metres of the approach side of traffic lights at an intersection 1370 Presence of a vehicle a) on a carriageway which at the time of the infringement is a clearway: or b) in such a position that it is doubleparked; or c) on or within 9 metres of a pedestrian crossing; or an intersection; or the departure side of a bus stop. 1371 Remove or attempt to remove without authority a notice or an immobilisation device fixed to a vehicle. Pedestrian Offence 1372 Fail to yield right of way to emergency vehicle
Penalty : 5 units Penalty : 5 units Penalty : 5 units Penalty : 5 units Penalty : 5 units Penalty : 5units Penalty : 5 units Penalty : 5 units
224, 225, 226, Penalty: 5 units 189(6) Penalty: 5 units Penalty: 5 units Penalty: 5 units Penalty: 5 units
250(11)
Penalty: 15 units
214, 269(10)
1373
Where a footpath is provided and its use is practicable, walk along and upon an adjacent roadway.
269(2) 269(3)
1374
1375
Fail to make use of marked pedestrian crossing(surface, tunnel or overhead), or the over bridge or the under pass where there is one, while passing across a carriageway, highway or roadway, by a pedestrian. Crossing road within 300 meters of pedestrian crossing (surface, tunnel or overhead).
269(5)
Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Penalty: 5 units and/or confinement for specified S-466
269(5)
1376
1377
A pedestrian fails to obey any directions or instructions given by a police officer or other authorized officer or person engaged in the regulation of traffic on a road or in any public place.. A pedestrian fails to obey any direction applicable to him conveyed
189(6), 269(6),
189(6), 269(6),
Offence Code General Description of Offence Section Punishments Creating the Offence 270(1) hours but not exceeding 12 hours in a day between dawn and dusk 269(8) Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 269(9) Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Remarks
by any official traffic control signals or devices 1378 A pedestrian walk or run into the path of a vehicle which is so close as to constitute an immediate hazard
1379
A pedestrian pass, through, around, over, or under any crossing gate, or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or being opened or closed. Stand in a road or highway for the purpose of soliciting a ride, employment, business or contribution from the occupant of any vehicle or watching or guarding any vehicle while parked or about to be parked on a road or highway. Walk improperly on a carriageway
1380
269(13)
1381
1382
Walk or be upon a road or a highway under the influence of alcohol or any drug.
1383
1384
Enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given. Any pedestrian, fail or neglect to conform to the indication given by traffic sign lawfully placed.
Any pedestrian, fail or neglect to obey, or obstruct other vehicle or person, disobeying a lawful order, when directed so to do by a police officer or other authorized person. 1386 Without just cause or reasonable excuse, fails to comply with the prohibitions or restrictions imposed under section 216 regarding entering or crossing any roadway in an urban area or any designated roads or highways by a pedestrian. Offences by other persons 1387 Smoking while driving a motor vehicle 1388 Smoking in a public service vehicle
1385
268, 269 Penalty: 2 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 269(14) Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 270(3) Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 252(2) Penalty: 2 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 252(1) Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 216(2) Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk
237(11) 237(11)
Penalty: 10 units Penalty: 5 units S-467
Offence Code General Description of Offence Section Punishments Creating the Offence 240(1) Penalty: 25 units Articles used for obstruct-ion shall be liable to confiscation 138(3) Remarks
1389
1390
1391
1392
1393
1394
1395 1396
1397
1398
1399
1400 1401
1402
Cause obstruction to the flow of traffic or undue inconvenience to other road users by any means Engage as a canvasser or as an agent without a license in contravention of the Act or any rules or regulations made there underi. for the sale of tickets for travel by a Penalty: 20 units public service vehicle; or ii. otherwise to solicit customers for such vehicles; or iii. for collecting, forwarding or distributing goods by a public carrier; or iv. for the transaction of any business on behalf of any other person. Display advertising materials on the 129 Penalty: 10 units vehicle without the approval of the prescribed authority under this Act or the rules or regulations Use loud speaker in the motor vehicle 237(12) Penalty: 10 units without permission or in a manner not permissible under the Act or the rules or regulation. Play radio or television or other 237(12) Penalty: 10 units cinema to graphic apparatus in a motor vehicle without permission or in a manner not permissible under the Act or the rules or regulation. Drive motor vehicle else-where than ?189 Penalty: 10 units on road without authority or permission Interfere with the conduct or driving of 298(2) Penalty: 10 units the vehicle Place or leave any dangerous or 222(1)(4) Penalty: 15 units injurious substance on the road or highway Throw or deposit garbage or any other 222(1)(4) Penalty: 5 units and/or substance upon any road or highway. confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Fails to remove any rubbish, 222(2)(4) Penalty: 15 units destructive or injurious material dropped or thrown, or deposited upon any road or highway. Leave motor vehicle unattended with 241 Penalty: 10 units keys in ignition or the engine or motor running Hold processions or drive vehicles in 231 Penalty: 10 units contravention of section 231 Hold or cause or permit to be holding 227(5) Penalty: 25 units or take part in a highway collection without any statutory sanction or any permission. Without lawful authority, place or 251(1) Penalty: 50 units cause to be placed any road hump, S-468
1403
barrier, or any rope, wire, chain, tackle or similar apparatus, across a road or any part thereof. Erect structures for advertisement or other public announcement or any structure for such other purposes without the approval of appropriate authority in relation to any road reserve. Contravenes or fails to comply with any conditions as may be imposed in a permit issued, granting a right of occupation or advertisement on a road reserve. Construct any access road (including paths, driveways or other means of access, whether public or private) to join any road without approval, or construct a drain to join a drain constructed alongside a road, or carry out any works of any description in, upon, over or under any road. Contravenes or fails to comply with any conditions as may be imposed in a permit issued under sub-section (1) of section 220. When driving or attempting to drive a motor vehicle, causes damage to a highways or highway structure or causes the motor vehicle to collide with any building or structure such as a bus shelter, gantry post, overhead bridge and pillar or such other thing. Conduct or allow an unauthorized bicycle racing or trial of speed between bicycles or in contravention of any conditions of permit for such racing in any public place. Takes or retains hold of or gets on to a motor vehicle or trailer while it is in motion on any road for the purpose of his being drawn or carried.
219(4)
Penalty: 50 units
1404
219(4)
Penalty: 25 units
1405
1406
220(7)
Penalty: 25 units
1407
1408
274(1)
Penalty: 15 units
1409
296)1)
Penalty: 10 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk
Non-motorized Vehicle Offence ( Rickshaw, Bicycle and others) 1410 Fail to yield right of way to emergency vehicle
1411
Uses or responds a mobile telephone while driving
Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 229, 271, Penalty: 5 units and/or 272 confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk S-469
214
Offence Code Section Punishments Creating the Offence Drives with ear plugs in both ears or 230, 271, Penalty: 5 units and/or while wearing a headset covering both 272 confinement for specified ears hours but not exceeding 12 hours in a day between dawn and dusk Fail to obey traffic instruction given by 189(6), Penalty: 2 units and/or a police officer or other authorized 271, 272 confinement for specified officer or person hours but not exceeding 12 hours in a day between dawn and dusk Fail to obey a traffic sign or a traffic 189(6), Penalty: 2 units and/or control signal 271, 272 confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Fail to keep left 189(1), Penalty: 2 units and/or 202, 271, confinement for specified 272 hours but not exceeding 12 hours in a day between dawn and dusk Ride over double lines or separation 189(6), Penalty: 2 units and/or lines 202,203, confinement for specified 271, 272 hours but not exceeding 12 hours in a day between dawn and dusk Fail to give way 189(6), Penalty: 2 units and/or 271, 272 confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Fail to give signal when making right 234, 271, Penalty: 2 units and/or turn or U turn 272 confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Fail to have lamps and equipment 210, 271, Penalty: 2 units and/or required 272 confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Driving or riding improperly 202, 271, Penalty: 2 units and/or 272 confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Misuse bicycle lane or rickshaw lane 203, 271, Penalty: 2 units and/or 272, 273 confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Bicycle, roller skates, sled or toy 271(6)(8) Penalty: 5 units and/or vehicle drawn by other vehicle confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Carry more than authorized number of 273(1) Penalty: 2 units and/or persons confinement for specified General Description of Offence Remarks
1412
1413
1414
1415
1416
1417
1418
1419
1420
1421
1422
1423
S-470
1424
1425
Upon roller skates, or riding in or by means of any toy vehicle, or similar device go upon any road or highway except while crossing a road or street on a pedestrian crossing or on a designated crossing. Hold on to a vehicle in order to be towed.
hours but not exceeding 12 hours in a day between dawn and dusk 271(5)(8) Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 271(6)(8) Penalty: 2 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 271(1)(8) Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 271(1)(8) Penalty: 2 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 274(1) Penalty: 3 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 252(2) Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 252(1) Penalty: 10 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk 252(1) Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk Penalty: 5 units and/or confinement for specified hours but not exceeding 12 hours in a day between dawn and dusk
1426
Ride or propel or use or let out for use a non-motorized vehicle without registration
1427
Ride or propel a non-motorized vehicle without license
1428
1429
Take part in an unauthorized bicycle racing or trial of speed between bicycles or in contravention of any conditions of permit for such racing in any public place. Any person propelling any vehicle, fail or neglect to conform to the indication given by a traffic sign lawfully placed.
Any person propelling any vehicle, fail or neglect to obey, or obstruct other vehicle or person, disobeying a lawful order, when directed so to do by a police officer or other authorized person. 1431 Any person propelling any vehicle, fail or neglect to stop the vehicle, or to make it proceed in or keep to a particular line of traffic, when directed so to do by a police officer or other authorized person. 1432 Without just cause or reasonable excuse, fails to comply with the prohibitions or restrictions imposed under section 216 regarding entering or crossing any roadway in an urban area or any designated roads or highways by an NMV. Unspecified Offence 1433 Commits an offence against this Act or any rules or regulations made there under or any order issued or given or
1430
216(2)
353(1)
Penalty: Not less than five and not more than 25 units and/or confinement for specified S-471
any prohibition or restrictions imposed under the authority of this Act or any rules or regulations made there under for which a specific penalty is not prescribed or specified by or under any other provision of this Act
hours but not exceeding 12 hours in a day between dawn and dusk.
Sections creating offences under the RTTA: 8(2), 23(3), 25(3), 26(2), 33(2), 35(4), 37(2), 38(7), 48(6), 49(8), 50(5), 51(3), 52(5), 53(4), 54(7), 59(9), 61(5), 62(3), 63(4), 64(4), 66(1)(2)(3), 67, 68(6), 69(3), 70(3), 71, 72(3), 74(5), 75(2), 76(15), 77(7), 78(6), 79(4), 80(2) 85(4), 86, 87, 91(5), 92(5)(9), 93(2), 94(2), 98(2) 100(1)(6), 102(2)(3), 103(3)(4), 106(2)(3), 108(2), 109(3), 110(6), 112(9)(12), 113(5), 114(5)(7), 116(7), 117(6)(9), 119(4), 122(2)(3), 125(5), 128(3), 129(2), 132(2), 136(6), 138(3), 142(5)(6)(10), 143(2), 144(2), 147(2), 148(3), 155(1), 157(3)(4), 158(4)(5), 160(3), 165(2), 166(7), 167, 169, 173(6), 174(3), 175, 176, 177(1), 180(7), 181(3), 182(10), 183(5)(6), 187(6), 188(2)(7)(12), 189(6)(8), 190(4), 191(6), 192(7),193(6), 194(5), 195(4), 197(3)(7), 198(3), 199(3), 200(3), 201(5), 202(5), 203(3), 204(2), 205(4), 206(3), 207(2), 208(4), 209(3), 210(3), 211(4), 212(4), 213(2), 214(3), 215(5), 216(2), 217(8), 219(4), 220(7), 221(2), 222(4), 223(4), 224(3), 225(3), 226(5), 227(5), 229(1), 230(1), 231(5), 232(4), 233(3), 234(2), 235(3), 236(6), 237(14), 238(4), 239(6), 240(1), 241(2), 242(5), 243(4), 244(5), 245(4), 247, 248(3), 249(1)(3), 250(11), 251(1)(3), 252(1)(2)(3), 253(1)(2)(4)(5), 254(2), 255(1), 256(1), 257(1)(2), 258(1)(2)(6), 259(1), 260(2), 261(3), 262(2), 263(3), 264(3), 265(3)(6), 266(3), 268(9), 269(15)(16), 270(5), 271(2)(4)(8), 272(5), 273(8), 274(5), 277(9), 278(6), 280(5), 282(3), 283(10), 284(6), 286(3), 287(13), 292(7)(10), 295(1)(2)(3), 296(1)(2)(3), 297(1)(2), 298(1)(2)(3), 299(4), 300, 301, 303, 305, 306, 307, 308, 312(2), 314, 321(5), 330(2), 332(6), 333, 353(1), 361(2), 369(2)=198
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Road and Traffic Act of Bangladesh

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Road and Traffic Act of Bangladesh

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Government of the Peoples Republic of Bangladesh Dhaka Transport Coordination Board (DTCB)

Clean Air and Sustainable Environment (CASE) Project

DRAFT FINAL REPORT

PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011

Thanking you Yours Sincerely

Abdul Alam Bhuiyan Consultant

DRAFT PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011

Total number of Sections in RTTA: 370 Total number of schedules: 01

AUTHORIZATION TO OWN MOTOR VEHICLES

ANNEXURE RESEARCH ON QUANTUM OF PUNISHMENTS FOR TRAFFIC RELATED VIOLATIONS

RESEARCH ON QUANTUM OF PUNISHMENT FOR TRAFFIC RELATED VIOLATIONS

Section 142 (2)

Causes or allows driving exceeding speed limits

Up to 10 years Up to 5 Years or up to Rm 10,000 or both

Driving uninsured Vehicle Up to Tk 2000 Tk 2000 (fixed) Up to Rs 1000

Up to 12 months or up to S$ 5000 or both Up to 12 months or S$ 20000 or both

DRAFT PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011

Inserted new Inserted new

Inserted new Inserted new Modified as underlined

Inserted new Inserted new

Inserted new Inserted new

Draft Proposed Road Transport and Traffic Act, 2011

DRAFT PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011

Remarks Proposed a new law to replace the MVO 1983

(a) (b) (c)

8. Form and contents of driving licence.-

(a) (b) (c)

(f) 72. (1) (a) (b) (c)

(4) 80. (1)

(j) (k) (l)

DRAFT PROPOSED ROAD TRANSPORT & TRAFFIC ACT, 2011

Remarks Proposed a new law to replace the MVO 1983

CHAPTER IV: LICENSING OF WORKERS

DRAFT PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011

Inserted new Inserted new

(5) 92. (1)

(2) 94. (1)

(a) (b) (c)

(f) (g) (h)

(2) 99. (1)

DRAFT PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011

(e) (f) (6)

vehicle that the in the of longer

(a) (b) (c) (d)

(g) (h) (i)

(o) (p) (q) (r)

(a) (b) (c)

DRAFT PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011

(e) (f) (g) (h)

(i) (ii) (iii)

Would be deleted, since

(b) (c) (2)

138. Agent or canvasser to obtain license._

Modified by amalgamation of sec 79 and 153 of the Ord.

(a) (b) (c)

DRAFT PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011

(n) (o) (p)

(f) (g) (h) (i)

(ii) (b) (i)

(b) (2) (a)

(e) (f) (g)

(j) (k) (l)

DRAFT PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011

Modified Inserted new