( XIX of 1965)
[8th June, 1965]
An
Ordinance
to amend and consolidate the law relating to
Motor Vehicles in the Province of West Pakistan
Preamble.— WHEREAS it is expedient to amend and consolidate the law relating
to motor vehicles in the Province of West Pakistan;
AND WHEREAS the Provincial Assembly of
West Pakistan is not in session and the Governor of West Pakistan is satisfied
that circumstances exist which render immediate legislation necessary;
Now, THEREFORE, in exercise of the
powers conferred on him by clause (1) of Article 79 of the Constitution, the
Governor of West Pakistan is pleased to make and promulgate the following
Ordinance:-
CHAPTER I
PRELIMINARY
1. Short title and extent.— (1) This
Ordinance may be called the 3 [Provincial]
Motor Vehicles Ordinance, 1965.
2. Definitions.— In this Ordinance, unless
the context otherwise requires, the following expressions shall have the
meanings hereby respectively assigned to them, that is to say–
(1)
“ambulance” means a vehicle designed for the carriage
of sick, wounded or invalid persons or animals;
(2)
“axle weight” means in relation to an axle of a vehicle
the total weight transmitted by the several wheels attached to that axle to the
surface whereon the vehicle rests;
(4)
“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 provisions of Chapter III;
(5)
“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 and from one point to another 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 may pay separate fares;
(6)
“delivery van” means any goods vehicle the registered
laden weight of which does not exceed 5,000 pounds avoirdupois;
(7)
“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;
(8)
“emergency vehicle” means a motor vehicle used solely
for police, fire-bridge or ambulance purposes or to relieve distress;
(9)
“fares” includes sums payable for a season ticket or in
respect of the hire of a contract carriage;
(10)
“goods” include 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;
(11)
“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;
(13)
“heavy transport vehicle” means a transport vehicle the
registered axle weight of which exceeds 10,600 pounds avoirdupois, or the
registered laden weight of which exceed 14,500 pounds avoirdupois;
(14)
“intersection “ shall include the area bounded by the
side lines, real or projected, of two or more public highways which meet or
cross each other;
(15)
“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;
(16)
“licence” means the document issued by competent
authority authorising the person specified therein to drive a motor vehicle or
a motor vehicle of any specified class or description;
(17)
“licensing authority” means an authority empowered to
grant licences under this Ordinance;
(18)
“light transport vehicle” means any public service
vehicle other than a motor cab, or any goods vehicle other than a heavy
transport vehicle or a delivery van;
(19)
“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;
(20)
“motor cab” means any motor vehicle constructed,
adapted or used to carry not more than ten passengers excluding the driver, for
hire or reward;
(21)
“motor car” means any motor vehicle other than a
transport vehicle, locomotive, road-roller, tractor, motor cycle or invalid
carriage;
(22)
“motor cycle” means a motor vehicle, other than an
invalid carriage, with less than four wheels, the unladen weight of which,
inclusive of any sidecar attached to the vehicle, does not exceed 900 pounds
avoirdupois;
(23)
“motor vehicle” means any mechanically propelled
vehicle adapted for use upon roads whether the powers of propulsion is
transmitted thereto from an external or internal source, and includes a chassis
to which a body has not been attached, [6] [a
tractor] and a trailer, [7] [a
combined harvester, a rig, a fork lifter, a road roller, construction and earth
moving machinery such as a wheel loader, a crane, an excavator, a grader, a
dozer and a pipe layer, a road making and a road/sewerage cleaning plant,] but
does not include a vehicle running, upon fixed rails or used solely upon the
premises of the owner;
(24)
“owner” means the person in whose name the motor
vehicle is registered and includes–
(a)
a transferee of the motor vehicle from such persons;
(b)
in relation to motor vehicle which is the subject of a
hire-purchase agreement, the person in possession of the vehicle under that
agreement; and
(c)
where the person in whose name the motor vehicle is
registered or the person in possession of the motor vehicle under a
hire-purchase agreement is–
(i)
a minor, the guardian of such minor;
(iii)
a society registered under the Societies Registration
Act, 1860[9],
or under any law relating to co-operative societies, the principal officer of
such society by whatever designation known;
(iv)
a firm, all the partners of such a firm; and
(v)
any other association of persons, all the members of
such association:
Provided that
where such company, firm, society or other association of persons has given
notice to the registering authority that has nominated a director, partner,
officebearer, member or officer, as the case may be, of the company, firm,
society or association to be the owner of the vehicle for the purposes of this
Ordinance, the person so nominated shall alone be deemed to be the owner for
the purpose of this Ordinance;
(25)
“permit” means the document issued by the Provincial
Transport Authority or a Regional Transport Authority, authorising the use of a
transport vehicle as a contract carriage or stage carriage, or authorising the
owner as a private carrier or public carrier to use such vehicle;
(26)
“prescribed” means prescribed by rules made under this
Ordinance;
(27)
“private carrier” means an owner of a transport vehicle
other than a public carrier who uses that vehicle solely for the carriage of
goods which are his property or the carriage of which is necessary for the
purposes of his business, not being a business of providing transport, or who
uses the vehicle for any of the purposes specified in sub-section (2) of
section 44;
(28)
“public carrier” means an owner of a transport vehicle
who transports or undertakes to transport goods, or any class of goods, for
another person at any time and in any public place, for hire or reward, whether
in pursuance of the terms of a contract or agreement or otherwise and includes
any person, body, association or company engaged in the business of carrying
the goods of persons associated with that person, body, association or company
for the purposes of having their goods transported;
(29)
“public highway” shall include any highway, road,
street, avenue, alley, public place, public driveway or any other public way;
(30)
“public place” means, a road, street way of 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;
(31)
“public service vehicle” means any motor vehicles used
or adapted, to be used for the carriage of passengers for hire or reward, and
includes a motor cab, contract carriage, and stage carriage;
(32)
“registered axle weight” means in respect of any
vehicle the axle weight certified and registered by the registered authority as
permissible for that vehicle;
(33)
“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;
(34)
“registering authority” means an authority empowered to
register motor vehicles under Chapter III;
(35)
“school bus” means any motor vehicle used exclusively
for the carriage of students of any educational institution recognised by
Government or the managing committee of which is a society registered under the
Societies Registration Act, 1860[11];
(36)
“semi-trailer” means any vehicle which is so designed
that when operated, the forward end of its body or chassis rests upon the body
or chassis of the towing motor vehicle;
(37)
“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 stages of the journey;
(38)
“street (roadway)” means that part of the public
highway which is intended for vehicular traffic;
(39)
“tractor” means a motor vehicle which is not itself
constructed to carry any load (other than equipment used for the purpose of
propulsion) the unladen weight of which does not exceed 16,000 pounds
avoirdupois but does not include a road-roller;
(40)
“traffic signs” includes all signals, warning sign
posts, direction posts, or other devices for the information, guidance or
direction of drivers of motor vehicles;
(41)
“trailer” means any vehicle other than a side-car drawn
or intended to be drawn by a motor vehicle;
(42)
“transport vehicle” means a public service vehicle, a
goods vehicle, a locomotive or a tractor [12] [
* * *];
(43)
“unladen weight” means the weight of a vehicle or
trailer, including all equipment ordinarily used within the vehicle or trailer
when working, but excluding the weight of the driver or attendant; and where
alternative parts or bodies are used, the unladen weight of the vehicle means
the weight of the vehicle with the heaviest such alternative part of body;
(44)
“weight” means the total weight transmitted for the
time being by the wheels of a vehicle to the surface on which the vehicle
rests.
CHAPTER II
LICENSING OF DRIVERS OF MOTOR VEHICLES
3. Prohibition on driving without licence.—
15 [(1)] No person shall
drive a motor vehicle in any public place unless he holds an effective licence
authorising him to drive the vehicle; and no person shall so drive a motor
vehicle as paid employee or shall so drive a public service vehicle unless his
licence specifically entitles him so to do:
Provided that a person receiving instructions in driving a
motor vehicle may, subject to such conditions as may be prescribed by
Government in this behalf, drive a motor vehicle in any public place.
[13][(2)
No person shall drive a motor vehicle in any public place unless he has in his
possession his own copy of the most recent version of the Pakistan Highway Code
published by the Federal Government.]
4. Age limit in connection with driving of
motor vehicles.— (1) No person shall drive in any public place–
(i)
a motor cycle or an invalid carriage, unless he has
attained the age of eighteen years;
(ii)
a motor car, otherwise than as a paid employee, unless
he has attained the age of eighteen years;
(iii)
a motor car as a paid employee or a transport vehicle,
unless he has attained the age of twenty-one years;
(iv)
a heavy transport vehicle, unless he has attained the
age of twenty-two years.
(2)(a) No person about the age of fifty
years shall drive a transport vehicle in any public place unless the licence
entitling him so to do bears an effective endorsement by the licensing
authority that such person has furnished a certificate in Form B as set forth
in the First Schedule signed by a registered medical practitioner.
(b)
The licensing authority shall not make on any licence
any such endorsement as is referred to in clause (a) unless it appears from the medical certificate furnished by the
holder of the licence that he is not suffering from any disease or disability
specified in the Second Schedule or any other disease or disability which is
likely to cause the driving by him of a transport vehicle to be a source of
danger to the public or to the passengers.
(c)
An endorsement made under the provisions of clause (a) shall be effective for a period of
twelve months from the date thereof, but the said period may from time to time,
be extended by the licensing authority by a further period of twelve months at
any one time on the production by the holder of the licence of a fresh medical
certificate as required under clause (a)
and on being satisfied therefrom that the holder of the licence is not
suffering from any disease or disability referred to in clause (b).
(3) No person
shall drive a motor vehicle in a public place with his eyes wholly or partly
covered with any cloth or other opaque substance, or in such manner as to
interfere in any manner with his vision.
5. Owners of motor vehicles not to permit
contravention of section 3 or section 4.— No owner or person in charge of a
motor vehicle shall cause or permit any person who does not satisfy the
provisions of section 3 or section 4 to drive the vehicle.
6. Restriction on use of licence by person
other than holder.— No holder of a licence shall permit it to be used by
any other person.
7. Grant of licence.— (1) Any person who
is not disqualified under section 4 for driving a motor vehicle and who is not
for the time being disqualified for holding or obtaining a licence, may apply
to the licensing authority having jurisdiction in the area in which he
ordinarily resides or carries on business or, if the application is for a
licence to drive as a paid employee, in which the employer resides or carries
on business for the issue to him of a licence.
(2) Every
application under sub-section (1) shall be in Form A 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.
(3) When
the application is for a licence to drive as a paid employee or to drive a
transport vehicle, or where in any other case the licensing authority for
reasons to be stated in writing so requires, the application shall be
accompanied by a medical certificate in Form B as set forth in the First
Schedule signed by a registered medical practitioner.
(4) Every
application for a licence to drive [14] [a
motor vehicle] shall be accompanied by three copies of a recent photograph of
the applicant attested by a magistrate or [15] [an
officer of Government not inferior in rank to an officer in Grade-17 of the
National Pay Scales.]
(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 authorised by the 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 licence:
Provided that–
(a)
a licence limited to driving an invalid carriage may be
issued to the applicant, if the licensing authority is satisfied that he is fit
to drive such a carriage;
(b)
the applicant may, except where he suffers from a
disease or disability specified in the Second Schedule, claim to be subjected
to a test of his fitness or ability to drive a motor vehicle of a particular
construction or design, and if he passes such test to the satisfaction of the
licensing authority and is not otherwise disqualified, the licensing authority
shall grant him a licence to drive such motor vehicle as the licensing
authority may specify in the licence.
(6) No
licence shall be issued to any applicant unless he passes to the satisfaction
of the licensing authority the test of competence specified in the Third
Schedule:
Provided that
where the application is for a licence to drive a motor vehicle (not being a
transport vehicle) otherwise than as a paid employee, the licensing authority
may exempt the applicant from the test specified in the Third Schedule, if–
(a) the
applicant possesses a driving certificate issued by an automobile association recognised in this behalf by Government, or
(b)
the licensing authority is satisfied that the applicant
has previously held a licence (or similar document) valid outside the Province
and has had not less than twelve months recent experience of driving a motor
vehicle of the class to which the application refers:
Provided
further that where the applicant, being a serving member of the armed forces of
Pakistan, is in possession of a valid army driving licence and has been
actually driving one or more classes of motor vehicles for not less than three
years immediately before the date of application, the licensing authority shall
subject to the prescribed conditions, exempt him from the test specified in the
Third Schedule and issue to him a driving licence for the class or classes of
motor vehicles he has been so driving.
(7) The
test of competence to drive shall be carried out in a vehicle of the class to
which the application refers, and for the purposes of Part I of the test–
(a)
a person who passes the test in driving a heavy
transport vehicle shall be deemed also to have passed the test in driving any
motor vehicle other than a motor cycle or a road-roller;
(b)
a person who passes the test in driving a light
transport vehicle shall be deemed also to have passed the test in driving a
motor car or a motor cab or a delivery van.
(8) No
licence shall be issued to any applicant to drive a heavy transport vehicle
unless he has held for a period of not less than three years immediately
preceding the making of the application an effective licence to drive a motor
vehicle other than a motor cycle, an invalid carriage or a road-roller.
(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 the prescribed fee, the
licensing authority shall grant the applicant a 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 licence:
Provided that a
licensing authority may issue a licence to drive a motor cycle or a motor car
notwithstanding that it is not the appropriate licensing authority; if the
licensing authority is satisfied that there is good reason for the applicant’s
inability to apply to appropriate licensing authority.
[16] [(10) No licence shall be issued to any applicant
unless he has in his possession his own copy of the most recent version of the
Pakistan Highway Code published by the Federal Government.]
8. Form and contents of licence.— (1)
Every licence, except a licence issued under section 15, shall be in Form C as
set forth in the First Schedule and shall have affixed thereto one of the
signatures or thumb-impression given on the application for the licence and [17] [*
* *] one of the photographs referred to in sub-section (4) of section 7.
(2) A
licence shall specify whether the holder is entitled to drive as a paid
employee and whether he is entitled to drive a public service vehicle and shall
further be expressed as entitling the holder to drive a motor vehicle of one or
more of the following classes, namely:(a)
motor cycle;
(b) motor
car;
(c) motor
cab;
(d) delivery
van;
(e) light
transport vehicle;
(f) heavy
transport vehicle;
(g) locomotive;
(h) tractor;
(i) road-roller;
(j) invalid
carriage;
(k) any
other motor vehicle of a specified description.
9. Additions to licences.— (1) Any person
holding a licence issued under this Ordinance who is not for the time being
disqualified for holding or obtaining a licence may apply in Form D as set
forth in the First Schedule to the licensing authority having jurisdiction in
the area in which he ordinarily resides or caries on business or, if the
application relates to a licence to drive as a paid employee, in which the
employer resides or carries on business, for the addition of any class of motor
vehicles to the licence as is specified in section 8.
(2) The
provisions of section 7 shall apply to an application under this section as if
the application were for the grant of a licence under that section to drive the
class of motor vehicle which the applicant desires to be added to his licence:
Provided that
the provisions of sub-sections (3) and (4) of that section shall not apply
where the applicant is the holder of a licence to drive as a paid employee or
to drive a transport vehicle.
(3) No
fee other than a fee for the test of competence to drive shall be charged for
an addition to a licence under this section.
10.
Extent of
validity of licence.— (1) Subject to any rules made by Government, a
licence issued under the foregoing sections shall be effective throughout the
Province.
(2) Subject
to any rules made by Government, a licence to drive a motor vehicle issued by a
competent authority in any part of Pakistan not included in the Province shall
be valid throughout the Province as if it were a licence issued under this
Ordinance and it shall be lawful for the holder of such a licence to drive and
be employed in driving in the Province a motor vehicle of any class or
description which he is authorised by such licence to drive:
Provided that
the holder of such a licence is not disqualified under any of the provisions of
this Ordinance for holding or obtaining a licence in the Province.
11.
Currency of
licences.— A licence issued under the foregoing sections shall, subject to
the provisions contained in this Ordinance, as holders of licences for holding
or obtaining licences, be effective without renewal for a period upto three
years in the case of a licence to drive a motor car or motor cycle otherwise
than as a paid employee, and in any other case for a period of twelve months
only from the date of issue of last renewal.
12.
Renewal of
licences.— (1) Any licensing authority may on an application made to it
renew a licence issued under the provisions of this Ordinance [18] [:]
[19] [Provided
that no licence shall be renewed unless the holder thereof has in his
possession his own copy of the most recent version of the Pakistan Highway Code
published by the Federal Government.]
(2) A
licence to drive as a paid employee shall not be renewed so as to be effective
for any period after the expiry of five years from the date of the medical
certificate furnished by the licence holder under section 7 unless he furnishes
a fresh medical certificate in Form B as set forth in the First Schedule and
signed by a registered medical practitioner in which case the period of five
years shall be computed from the date of the last of such certificates.
(3) An
application for the renewal of a licence shall be in Form E as set forth in the
First Schedule and shall contain the declaration required by the Form; provided
that if the applicant does not or is unable to subscribe to the said
declaration, the provisions of sub-section (5) of section 7 shall apply.
(4) The
fee payable for the renewal of a licence shall be as prescribed, and enhanced
fee may be prescribed where the application for renewal is made more than
thirty days from the date of expiry of the licence:
Provided that
if the application for renewal is made more than three years after the expiry
of the licence, the licensing authority may refuse to renew the licence unless
the applicant undergoes and passes to its satisfaction the test of competence
specified in the Third Schedule.
(5) When
the authority renewing the licence is not the authority which issued the
licence, it shall intimate the fact of renewal to the authority which issued
the licence.
13.
Cancellation
of licence on grounds of disease or disability.— (1) Notwithstanding
anything contained in section 11 or section 12, any licensing authority may at
any time cancel a licence or may require the holder thereof, as a condition of
continuing to hold such licence, to furnish a fresh medical certificate in Form
B as set forth in the First Schedule and signed by a registered medical
practitioner, if the licensing authority has reasonable grounds to believe that
the holder of the licence is, by virtue of any disease or disability, unfit to
drive a motor vehicle.
(2) When
the authority cancelling the licence is not the authority which issued the
licence, it shall intimate the fact of cancellation to the authority which
issued the licence.
14.
Order
refusing licences and appeal therefrom.— (1) Where the licensing authority
refuses to issue or cancels or refuses to renew any licence, it shall do so by
an order communicated to the applicant or the holder, as the case may be,
giving reasons in writing for such refusal or cancellation.
(2) Upon
the issue of any such order the person affected if he is the holder of a
licence, shall forthwith surrender his licence to the licensing authority
making the order if the licence has not already been surrendered, and the
licensing authority shall, if no appeal is preferred against its order as
provided in sub-section (3) or where any such appeal has been preferred and
been dismissed, destroy the licence or cause it to be destroyed.
(3) Any
person aggrieved by an order referred to in sub-section (1) may, within thirty
days of the service on him of the order, appeal to the prescribed authority,
who shall decide the appeal after giving the authority against whose order the
appeal has been preferred an opportunity of being heard, and that authority
shall be bound by the decision of the appellate authority.
15.
Licence to
drive motor vehicles, the property of the [20] [Federal] Government.— (1) The
authority specified in Part A of the Fourth Schedule may grant licences, valid
throughout the Province, to persons who have completed their eighteenth year to
drive motor vehicles which are the property or for the time being under the
exclusive control of the 24 [Federal]
Government.
(2) A
licence issued under this section shall specify the class or classes of vehicles
which the holder is entitled to drive and the period for which he is so
entitled.
(3) A
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 [21] [
Federal] Government.
(4) The
authority issuing any licence under this section shall at the request of
Government furnish such information respecting any person to whom a licence is
issued as Government may at any time require.
16.
Power of
licensing authority to disqualify for holding a licence.— (1) If a
licensing authority is satisfied after giving him an opportunity of being heard
that any person–
(a)
is a habitual criminal or a habitual drunkard, or
(b)
is using or has used a motor vehicle in the commission
of a cognizable offence, or
(c)
has by his previous conduct as driver of a motor
vehicle shown that his driving is likely to be attended with danger to the
public,
it may, for reasons to be recorded in writing, make an order
disqualifying that person for a specified period for holding or obtaining a
licence.
[22] [(1-A)
If a licensing authority is satisfied, after giving him an opportunity of being
heard, that in respect of a person an order under sub-section (2) of this
section, or a declaration under sub-section (1) of section 18, has been made on
more than one occasion, it may, for reasons to be recorded in writing, make an
order cancelling the licence granted to that person and disqualifying him for
holding or obtaining a licence for such period as it may deem fit.]
(2) Upon
the issue of any such order the person affected, if he is the holder of a
licence, shall forthwith surrender his licence to the licensing authority
making the order, if the licence has not already been surrendered, and the
licensing authority shall keep it until the disqualification has expired or has
been removed.
(3) Any
person aggrieved by an order made by a licensing authority under this section
may, within thirty days of the service on him 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.
17.
Power of
Regional Transport Authority to disqualify.— (1) A Regional Transport
Authority constituted under Chapter IV may, for reasons to be recorded in
writing and subject to any prescribed conditions, declare any person
disqualified for a specified period, for holding or obtaining a licence to
drive a transport vehicle in the Province.
(2) A
Regional Transport Authority making a declaration under sub-section (1) shall,
if the person so disqualified is the holder of a licence, furnish a copy of the
declaration to the licensing authority by whom the licence was granted, and if
the person so disqualified is not the holder of a licence, to the licensing
authority within whose jurisdiction he ordinarily resides.
(3) Upon
the making of a declaration under sub-section (1), the person affected, if he
is the holder of a licence shall forthwith surrender his licence to the
licensing authority by whom the licence was granted, and the licensing
authority shall keep it until the disqualification has expired or has been
removed.
(4) Any
person aggrieved by an order made under sub-section (1) may, within thirty days
of the receipt of intimation of such order, appeal against the order to the
prescribed authority.
18.
Power of
Court to order disqualification.— (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 licence
or for holding a licence to drive a particular class or description of
vehicles:
Provided that the Court shall not order the disqualification
of an offender convicted for the first or second time of an offence punishable
under section 98.
(2) The
Court shall order the disqualification of an offender convicted of an offence
punishable under section 99 or section 100 and such disqualification shall be
for a period of not less than six months.
(3) The
Court shall order the disqualification of an offender convicted of an offence
against the provisions of clause (c)
of sub-section (1) of section 92 or of section 94 and such disqualification
shall be for a period of not less than one month.
(4) The
Court shall unless for special reasons to be recorded in writing, if thinks fit
to order otherwise, order the disqualification of an offender–
(a) who
having been convicted of an offence punishable under section 101 is again
convicted of an offence punishable under that section;
(b) who
is convicted of an offence punishable under section 103; (c)
who is convicted of an offence punishable under section 106:
Provided that
the period of disqualification shall not exceed, in the cases referred to in
clauses (a) and (b), two years, and, in the case referred to in clause (c) , one year.
(5) A
Court ordering the disqualification of an offender convicted of an offence
punishable under section 101 may also direct that the offender shall, whether
he has previously passed the test of competency to drive, specified in the
Third Schedule or not, remain disqualified until he has, subsequent to the
making of the order of disqualification passed that test to the satisfaction of
the licensing authority.
(6) The
Court to which an appeal lies from any conviction of an offence of the nature
specified in sub-section (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.
19.
Effect of
disqualification order.— (1) A person in respect of whom any disqualification
order is made under this Chapter shall be debarred to the extent and for the
period specified in such order from holding or obtaining a licence and the
licence, if any, held by such person at the date of the order shall cease to be
effective during such period.
(2) The
operation of a disqualification order made under section 18 shall not be
suspended or postponed while an appeal is pending against such order or against
the conviction as a result of which such order is made, unless the appellate Court
so directs.
(3) Any
person in respect of whom any disqualification order has been made may, at any
time after the expiry of six months from the date of the order, apply to the
Court or other authority by which the order was made, to remove the disqualification;
and the Court or authority, as the case may be, may, having regard to all the
circumstances of the case, remove or vary the order of disqualification:
Provided that
where an application has been made under this section a second application
thereunder shall not be 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 licence, if any, held by the person disqualified,
particulars of the order of disqualification and of any conviction for an
offence in respect of which an order of disqualification is made; and
particulars of any removal or variation of an order of disqualification made
under sub-section (3) of section 19 shall be similarly so endorsed.
(2) Any
person accused of an offence specified in the Fifth Schedule or any other
offence involving the driving of a motor vehicle shall, when attending the
Court trying him for such offence bring with him his licence if it is in his
possession.
(3) The
Court by which any person is convicted of an offence specified in the Fifth
Schedule or any other offence involving the driving of a motor vehicle 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 licence
held by the persons convicted.
21.
Transfer of
endorsement and issue of licence free from endorsement.— (1) An endorsement
on any licence shall be transferred to any new or duplicate licence obtained by
the holder thereof until the holder becomes entitled under the provisions of
this section to have a licence issued to him free from endorsement.
(2) Where
a licence is required to be endorsed and the licence is at the time not in the possession
of the Court or authority by which the endorsement is to be made, then–
(a)
if the person in respect of whom the endorsement is to
be made is at the time the holder of a licence he shall produce the licence
before the Court or authority within such time as the Court or authority may
fix, or
(b)
if, not being then the holder of a licence, he
subsequently obtains a licence, he shall within five days after obtaining the
licence, produce it before the Court or authority for the purpose of
endorsement;
and if the licence is not produced within the time
specified, the person in respect of whom the endorsement is to be made, shall
be deemed to have committed an offence punishable under section 97 and the
licence shall on the expiry of such time be of no effect until it has been
produced for the purpose of endorsement.
(3) A
person whose licence has been endorsed shall if during the period of five years
since the last endorsement was made no further order of endorsement has been
made against him be entitled, on surrendering his licence and on payment of the
prescribed fee, to receive a copy of the licence free from all endorsements;
and if the endorsement was only in respect of exceeding a speed limit, he shall
be entitled to have a copy of the licence free from endorsement issued on the
expiration of one year from the date of the order directing the endorsement to
be made:
Provided that
in computing the said period of five years and one year respectively, the time
during which the said person was disqualified for holding or obtaining a
licence shall be excluded.
(4) When
a licence is endorsed by or an order of endorsement is made by any Court, it
shall send particulars of the endorsement or order, as the case may be, to the
licensing authority by which the licence was last renewed and to the licensing
authority which granted the licence.
(5) Where
the holder of a licence is disqualified by the order of any Court for holding
or obtaining a licence, the Court shall take possession of the licence and
forward it to the licensing authority by which it was granted or last renewed
and that authority shall keep the licence until the disqualification has
expired or has been removed and the person entitled to the licence has made a
demand in writing for its return to him:
Provided that,
if the disqualification is limited to the driving of a motor vehicle of a
particular class or description, the Court shall endorse the licence to this
effect and shall send a copy of the order of disqualification to the licensing
authority by which the licence was granted and shall return the licence to the
holder.
(6) Where
on an appeal against any conviction or order of a Court which has been endorsed
on a licence, the appellate Court varies or sets aside the conviction or order,
the appellate Court shall so inform the licensing authority by which the
licence was last renewed and the licensing authority which granted the licence,
and shall amend or cause to be amended the endorsement of such conviction or
order.
22.
Power to
make rules.— (1) Government may make rules for the purpose of carrying into
effect the provisions of this Chapter.
(2) Without
prejudice to the generality of the foregoing power, such rues may provide for
all or any of the following matters, namely:-
(a)
the appointment, jurisdiction, control and functions of
licensing authorities and other prescribed authorities;
(b)
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 two
rupees;
(c)
the issue of duplicate licences to replace licences
lost, destroyed or mutilated, the replacement of photographs which have become
obsolete and the issue of temporary licences to persons receiving instruction
in driving and the fees to be charged therefor;
(d)
the conditions subject to which a Regional Transport
Authority may disqualify a person for holding a licence to drive a transport
vehicle;
(e)
the medical examination and testing of applicants for
licences and of drivers and the fees to be charged therefor;
(f)
the fees to be paid for the grant and renewal of
licences;
(g)
the exemption of prescribed persons, or prescribed
classes of persons from payment of all or any portion of the fees payable under
this Chapter;
(h)
the granting by registered medical practitioners of the
certificates referred to in subsection (2) of section 4, sub-section (3) of
section 7 and sub-section (1) of section 13 ;
(i)
the communication of particulars of licences granted by
one licensing authority to other licensing authorities;
(j)
the control of schools or establishments for the
instruction of drivers of motor vehicles and the acceptance of driving
certificates issued by such schools or establishments as qualifying the holder
for exemption from Part I of the test specified in the Third Schedule; and
(k)
the exemption of drivers of road-rollers from all or
any of the provisions of this Chapter or of the rules made thereunder.
CHAPTER III
REGISTRATION OF MOTOR VEHICLES
23.
Motor
vehicles not to be driven without registration.— (1) 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 [23] [place]
unless the vehicle is registered in accordance with this Chapter and the
vehicle carries a registration mark displayed in the prescribed manner.
Explanation– A motor vehicle shall not
be deemed to be registered in accordance with this Chapter if the certificate
of registration has been suspended or cancelled.
(2) Nothing
in this section shall apply to a motor vehicle while being driven within the
limits of jurisdiction of a registering authority to or from the appropriate
place of registration for the purpose of being registered under section 24, 26,
40 or 41 or to a motor vehicle exempted from the provisions of this Chapter
while in the possession of a dealer in motor vehicles.
24.
Registration
where to be made.— (1) Subject to the provisions of section 26, section 40
and section 41, every owner of a motor vehicle shall cause the vehicle to be
registered by the registering authority of the [24] [district]
in which he has his residence or place of business or in which the vehicle is
normally kept.
(2) Government
may, by rule made under section 43 require that any certificate of registration
issued under the provisions of the Motor Vehicles Act, 1939, shall be presented
within a prescribed period, to a specified registering authority for entry
therein of such further particulars of the vehicle as that authority may, for
the purposes of this Ordinance, deem fit to record.
25.
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 F as set forth in the First Schedule,
shall contain the information required by that Form, and shall be accompanied
by the prescribed fee.
(2) The
registering authority shall issue to the owner of a motor vehicle registered by
it a certificate of registration in Form G as set forth in the First Schedule
and shall enter in a record to be kept by it particulars of such certificate.
[25] [(3)
The registration authority shall assign to the vehicle a distinguishing mark
(in this Ordinance referred to as the registration mark) of such description as
may be prescribed:
Provided that
any motor vehicle, whether the property of Government or not, declared by the
Federal Government to be meant for the use of the President or the Prime
Minister, or by a Provincial Government to be meant for the use of the Governor
or the Chief Minister of the Province, shall not be assigned a registration
mark, and shall instead display such other mark as may be specified by the
Federal Government or the Provincial Government, as the case may be.
(4) The
prescribed authority shall make available to the owner of the vehicle, on
payment of the prescribed [26] [price],
a set of two plates made of such material, colour and dimensions as may be
prescribed.
[27] [(5)
The Government may, by a notification, direct the owners of motor vehicles
registered in a district to obtain new registration marks within the period and
in accordance with the procedure, as may be specified.]
32 [(6) The Government
may, by a notification, direct the owners of motor vehicles registered in a
district to obtain a set of two number plates of the prescribed description
within the period and in accordance with the procedure, as may be specified.
26.
Temporary
registration.— (1) Notwithstanding anything contained in section 24, the
owner of a motor vehicle may apply in the prescribed manner to any registering
authority to have the vehicle temporarily registered and thereupon such
registering authority shall issue to the owner of the vehicle a temporary
certificate of registration and assign to the vehicle a temporary mark of
registration.
(2) A
registration made under this section shall be valid only for a period of one
month, and shall not be renewable.
27.
Production
of vehicle at the time of registration.— The registering authority may,
before proceeding to register a motor vehicle, require the person applying for
registration of the vehicle to produce the vehicle either before itself or such
authority as Government may, by order appoint for this purpose in order that
the registering authority may satisfy itself that the particulars contained in
the application are true and that the vehicle complies with the requirements of
Chapter VI and the rules made thereunder.
28.
Refusal of
registration.— (1) The registering authority may, for reasons to be
recorded in writing, refuse to register any motor vehicle, if–
(a)
the vehicle is mechanically so defective as to render
its use unsafe; or
(b)
the vehicle does not comply with the requirements of
Chapter VI, or of the rules made thereunder; or
(c)
the applicant fails to furnish particulars of any
previous registration of the vehicle; or
(d)
the applicant fails to produce before the registering
authority–
(i)
where the vehicle has been previously registered under
this Ordinance or under any other law relating to the registration of motor
vehicles in force in any place in Pakistan, a letter of authority or a
certificate of transfer from the person shown as owner in the last registration
certificate in respect of such vehicle; or
(ii)
where the vehicle has been imported from any place
outside Pakistan and has not been previously registered in any place in
Pakistan, an import licence for the vehicle.
(2) where
a registering authority refuses to register a motor vehicle, it shall furnish
to the applicant free of cost a copy of the reasons for such refusal.
[28][29] [29. Effectiveness of certificate of
registration.— (1) Subject to the other provisions of this section, a motor
vehicle registered by a competent authority in any part of Pakistan not
included in the Province under the law relating to motor vehicles in force in
such part, shall remain effective in the Province.
(2) The
registration certificate of the vehicle registered in any part of Pakistan
other than the Province shall conform to and substantially contain the same
particulars as in the Form G as set forth in the First Schedule.
(3) If
a registration certificate is issued by an authority specified in sub-section
(1) and it complies with the requirements of sub-section (2), the certificate
shall be effective throughout the Province as if it is a certificate of
registration issued under this Ordinance and the provisions of this Ordinance
shall apply to such certificate.
(4) Nothing
in this section shall apply to a motor vehicle previously registered in the
Province if the certificate of registration of the vehicle is, for the time
being, suspended or cancelled for any reason other than permanent removal of
the vehicle from the Province.]
31.
Change of
residence or place of business.— (1) If the owner of a motor vehicle ceases
to have his place of business at the address recorded in the certificate of
registration of the vehicle, he shall, within thirty days of such change of
address, intimate his new address to the registering authority by which the
certificate of registration was issued, or, if the new address is within the
jurisdiction of another registering authority, to that other registering
authority, and shall at the same time forward the certificate of registration
to the registering authority in order that the new address may be entered
therein.
(2) A
registering authority other than the original registering authority making any
such entry shall communicate the altered address to the original registering authority.
(3) Nothing
in sub-section (1) shall apply where the change of the address recorded in the
certificate of registration is due to a temporary absence not intended to
exceed six months in duration or where the motor vehicle is neither used nor
removed from the address recorded in the certificate of registration.
32.
Transfer of
ownership.— (1) Within thirty days of the transfer of ownership of any
motor vehicle registered under this Chapter, the transferee shall report the
transfer to the registering authority within whose jurisdiction he ordinarily
resides and shall forward the certificate of registration of the vehicle to
that registering authority together with the prescribed fee in order that
particulars of the transfer of ownership may be entered therein.
(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.
[31] [32-A. Cancellation of certificate of
registration of vehicles registered in the Tribal Areas of Baluchistan in
certain cases.— If the owner of a motor vehicle registered by a registering
authority having jurisdiction in the Tribal Areas of the Province of
Baluchistan ceases to reside or to have his place of business in those areas,
or sells or otherwise transfers the motor vehicle to any person who does not
reside or have his place of business in those areas, the certificate of
registration and registration mark of the vehicle shall stand cancelled as from
the day on which he ceases to reside or to have his place of business in those
areas or, as the case may be, sells or otherwise transfers the vehicle to such
person.
33.
Alteration
in motor vehicle.— (1) If a motor vehicle is so altered that the
particulars contained in the certificate of registration are no longer
accurate, the owner of the vehicle shall within fourteen days of the making of
any such alteration, report the alteration, to the registering authority within
whose jurisdiction he resides and shall forward the certificate of registration
of the vehicle to that authority together with the prescribed fee in order that
particulars of the alteration may be entered therein:
Provided that
it shall not be necessary to report any change in the unladen weight of the
motor vehicle consequent on the addition or removal of fittings or accessories,
if such change does not exceed two per cent of the weight entered in the
certificate of registration.
(2) A
registering authority other than the original registering authority making any
such entry shall communicate the details of the entry to the original
registering authority.
34.
Suspension
of registration.— (1) A registering authority or any other prescribed
authority may, after giving the owner an opportunity of making any
representation he may wish to make, for reason to be recorded in writing,
suspend the registration certificate of a motor vehicle, if– (a) the vehicle is not insured as
required by law; or
(b)
any fees or taxes payable in respect of the vehicle
under this Ordinance or the rules framed thereunder, or the West Pakistan[32] Motor Vehicles Taxation Act, 1958[33],
have remained unpaid for a period exceeding three months from the date such
fees or taxes were due; or
(c)
in the case of a public service vehicle, it is not
covered by a valid certificate of fitness; or
(d)
the authority has reason to believe that the vehicle is
in such a 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 Chapter VI or
of the rules made thereunder; or
(e)
a substantially false statement has been made in the
application for registration of the vehicle; or
(f)
the registration certificate has been deliberately
defaced or mutilated or unauthorised additions or alterations have been made
therein;
and such suspension shall remain in force till the vehicle
is duly insured as required by law, or the fees or taxes have been paid, or a
valid certificate of fitness in respect of the vehicle has been obtained, or
the defects are remedied to the satisfaction of such authority, or the false
statement in the application for registration has been replaced by a correct
statement in the prescribed manner, as the case may be.
(2) A
registering authority or any prescribed authority may, after giving the owner
an opportunity of making any representation he may wish to make and for reasons
to be recorded in writing, suspend for a period not exceeding six months, the
certificate of registration of a vehicle, if it is satisfied that–
(i)
the vehicle is used for subversive activities against
the State; or
(ii)
the vehicle is used for hire or reward without
obtaining a permit from the Provincial or a Regional Transport Authority as
required under section 44; or
(iii)
the vehicle has been found by a Court to have been used
by the owner of the vehicle or with his knowledge or connivance in the
commission of a cognizable offence punishable with imprisonment of not less
than five years.
(3) 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 therefor to the registering authority within whose jurisdiction the
vehicle is at the time of the suspension.
(4) A
registering authority or other prescribed authority suspending the registration
certificate of a motor vehicle under this section shall communicate the fact of
suspension together with the reasons therefor in writing to the owner of the
vehicle, and the owner shall thereupon 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.
(5) 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 the entry
relating to the vehicle in its records, and if it is not the original
registering authority, shall forward the certificate of registration and any
token or card surrendered under sub-section (4) to that authority which may
cancel it forthwith.
(6) The certificate
of registration and any token or card surrendered under sub-section
(4) shall be returned
to the owner when the order suspending registration is rescinded.
35.
Cancellation
of registration.— (1) If a motor vehicle has been destroyed or has been
rendered permanently incapable of use, the owner shall, 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.
(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.
(3) Any
registering authority may order the examination of another vehicle within its
jurisdiction by such authority as Government may by order appoint and, if upon
such examination and after giving the owner an opportunity to make any
representation he may wish to make it is satisfied that the vehicle is in such
a condition that its use in a public place would constitute a danger to the
public and that it is beyond reasonable repair, may, for reasons to be recorded
in writing, cancel the registration of the vehicle.
(4) If
a registering authority is satisfied that a motor vehicle has been permanently
removed out of the Province, it shall cancel the registration of the vehicle.
(5) A
registering authority or any prescribed authority cancelling the registration
of a motor vehicle under this section shall communicate the fact, together with
the reasons therefor, in writing to the owner of the vehicle and the owner of
the vehicle shall thereupon 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, intimate in writing the fact of
cancellation and the reasons therefor, and forward the certificate of
registration and any token or card surrendered to it under sub-section (6) to
the original registering authority, and that authority shall cancel the
certificate of registration and the entry relating to the motor vehicle in its
records.
(7) The
expression “original registering authority” in this section and in sections 31,
32, 33 and 34 means the registering authority in whose records the registration
of the vehicle is recorded.
36.
Appeals.—
(1) Any owner of a motor vehicle aggrieved by an order of refusal to register a
motor vehicle made under section 28 or to issue a certificate of fitness made
under sub-section (1) of section 39 or by an order of suspension or
cancellation of registration made under section 34 or 35 or by an order of
cancellation of the fitness certificate made under sub-section (3) of section
39 may, within thirty days of the date on which he has received notice of such
order, appeal against the order in the prescribed manner to the prescribed authority.
(2) The
appellate authority shall give notice of the appeal to the original authority,
and after giving opportunity to the original authority and the appellant to be
heard either personally or by pleader in the appeal, pass such orders as is
thinks fit.
37.
Special
requirement for registration of transport vehicles.— (1) A registering
authority shall refuse to register any transport vehicle, other than a motor
cab unless the application for registration is accompanied by a document in
Form H as set forth in the First Schedule signed by the maker of the vehicle or
an assembler duly authorised by the maker in this behalf stating the maximum
laden weight and maximum axle weights for which the vehicle is and the several
axles are designed.
(2) Where
a transport vehicle or chassis, as the case may be, has affixed to it a metal
plate, bearing the stamp of the maker or assembler and identified as
appertaining to the particular vehicle or chassis to which it is attached,
which contains the particulars specified in sub-section (1), that plate may at
the discretion of a registering authority be deemed to be the document referred
to in that sub-section.
38.
Special
particulars to be recorded on registration of transport vehicles.— A
registering authority, when registering a transport vehicle other than a motor
cab, 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 the tyres attached to
each wheel;
(c)
the laden weight of the vehicle and the axle weights
pertaining to the several axles thereof, determined in accordance with the Tyre
and Rim Manufactures Association load ratings for tyres as revised from time to
time and approved by the Provincial Transport Authority.
(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 said particulars
exhibited in the prescribed manner on the vehicle.
39.
Certificate
of fitness of transport vehicles.— (1) Subject to the provision of section
40, a transport vehicle shall not be deemed to be validly registered for the
purposes of section 23, unless it carries a certificate of fitness in Form I as
set forth in the First Schedule, issued by the 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; and where the prescribed authority
refuses to issue such certificate, it shall supply the owner of the vehicle
with its reasons in writing for such refusal.
(2) Subject
to the provisions of sub-section (3), a certificate of fitness shall remain
effective for three years unless a shorter period, not being in any case less
than six months, is specified in the certificate by the [34] [authority
issuing the certificate] [35] [:]
[36] [Provided
that in case of a permit issued under section 60 (1) (a), a certificate of fitness shall remain effective for a period of
six months and on the expiry of that period the permit shall be deemed to be
suspended until a new certificate of fitness has been obtained.]
(3) The
[37] [*
* *] prescribed authority may, for reasons to be recorded in writing, cancel a
certificate of fitness at any time, if satisfied that the vehicle to which it
relates no longer complies with all the requirements of this Ordinance and the
rules made thereunder; and on such cancellation, the certificate of registration
of the vehicle and any permit granted in respect of the vehicle under Chapter
IV shall be deemed to be suspended until a new certificate of fitness has been
obtained.
40.
Registration
of vehicles, the property of the [38] [Federal] Government.— (1) The
authorities specified in Part B of the Fourth Schedule may register any motor
vehicle which is the property or for the time being under the exclusive control
of the 43 [Federal] Government;
and any vehicle so registered shall not, so long as it remains the property or
under the exclusive control of the [39] [
Federal] Government, require to be registered otherwise under this Ordinance.
(2) A
transport vehicle registered under this section shall carry a certificate of
fitness in Form I 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 to it 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.
(4) If
a vehicle registered under this section ceases to be the property or under the
exclusive control of the 45 [
Federal] Government, the provision of section 24 shall thereupon apply.
(5) The
authority registering a vehicle under sub-section (1) shall furnish to
Government all such information regarding the general nature, over-all
dimensions, and axle weight of the vehicle as Government may at any time
require.
[40] [41. Special registration of vehicles.—
Notwithstanding anything contained in this Chapter and the Sixth Schedule,
Government may, by rules, prescribe a special procedure for the registration of
any class, or type or category of motor vehicles, or motor vehicles belonging
to a specified class of persons, and such rules may among other matters provide
for–
(a)
the appointment of a special registration authority for
such motor vehicles; and
(b)
special registration mark to be carried by such motor
vehicles.]
42.
Application
of Chapter III 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.
43.
Power to
make rules.— (1) Government may make rules for the purpose of carrying into
effect the provisions of this Chapter.
(2) Without
prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely:-
(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;
(c)
the issue of certificates of registration and
certificates of fitness and duplicate of such certificates to replace
certificates lost, destroyed or mutilated;
(d)
the temporary registration of motor vehicles, and the
issue of temporary certificates of registration and mark;
(e)
the manner in which registration marks and the
particulars referred to in section 38, and other prescribed particulars shall
be exhibited;
[41] [(ee) the authorising of suitable
automobile workshops to issue certificates of fitness, the licensing of such
workshops, the equipment and apparatus to be maintained by such workshops,
their inspection, the terms and conditions and the period for which, and the
authorities by whom, the licences may be granted and renewed, and the fees to
be paid for the grant and renewal of the licences;]
(f)
the fees to be charged for the issue or alteration of
certificates of registration, for certificates of fitness, for registration
marks, and for the examination or inspection of motor vehicles, and the refund
of such fees;
(g)
the exemption of prescribed persons or prescribed
classes of persons from payment of all or any portion of the fees payable under
this Chapter;
(h)
the forms, other than those set forth in the First
Schedule, to be used for the purposes of this Chapter;
(i)
the communication between registering authorities of
particulars of certificates of registration and by owners of vehicles
registered outside the Province of particulars of such vehicles and of their
registration;
(j)
the particulars to be furnished by the owner of any
motor vehicle to the registering authority, upon the transfer of possession of
the motor vehicle under the terms of a hiring agreement;
(k)
the extension of the validity of certificates of
fitness pending consideration of applications for their renewal;
(l)
the exemption from the provisions of this Chapter and
the conditions and fees for exemption, of motor vehicles in the possession of
dealers;
(m) the
exemption of road-rollers, graders and other vehicles designed and used solely
for the construction, repair and cleaning of roads from all or any of the
provisions of this Chapter and the rules made thereunder, and the conditions
governing such exemption; and the exemption of light goods vehicles from the
provisions of section 39 and the
conditions governing such exemption. CHAPTER
IV
CONTROL OF TRANSPORT VEHICLES
44.
Transport
vehicles not to be used or driven without permit.— (1) No owner of a
transport vehicle shall use or permit the use of, and no
driver of a transport vehicle shall drive or cause or permit to be driven, the
vehicle in any public place, save in accordance with the conditions of a permit
authorising the use or driving of the vehicle in such place granted or
countersigned by a Regional or Provincial Transport Authority:
Provided that a
stage carriage permit shall, subject to any conditions that may be specified in
the permit, authorise the use of the vehicle as a contract carriage:
Provided
further that a stage carriage permit may, subject to any conditions that may be
specified in the permit, authorise the use of the vehicle as a goods vehicle
either when carrying passengers or not:
Provided also
that a public carrier’s permit shall, subject to any conditions that may be
specified in the permit authorise the holder to use the vehicle for the
carriage of goods for or in connection with a trade or business carried on by
him.
(2) In
determining, for the purposes of this Chapter, whether a transport vehicle is
or is not used for the carriage of goods for 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 which are to be subjected to a process or treatment
in the course of a trade or business carried on by him; or
(c)
the carriage of goods in a transport vehicle by a
manufacture 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 purpose of transporting them to another place and there
relinquishing ownership shall be deemed to constitute a carrying of the goods for
hire or reward.
(3) Sub-section (1) shall not apply–
(a)
to any transport vehicle owned by or on behalf of the [42] [Federal]
or any Provincial Government and used for public purposes unconnected with any
commercial enterprise;
(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 cleaning, watering or conservancy purposes;
(c)
to any emergency vehicle;
(d)
to any transport vehicle used for any other public
purpose prescribed in this behalf;
(e)
to any transport vehicle used solely for conveyance of
corpses;
(f)
to any transport vehicle used for towing a disabled
vehicle or for removing goods from a disabled vehicle to a place of safety;
(g)
49[to any school
bus;
(h)
to a bus operated under the Punjab Metrobus
Authority; or
(i)
to any trailer used for any purpose, other than the
carriage of goods for hire or reward, when drawn by a motor vehicle constructed
for the carriage of not more than six passengers excluding the driver.]
(4) Subject to the provisions of sub-section
(3), sub-section (1) shall, if Government by rules made under section 69 so
prescribes, apply to any motor vehicle adapted to carry more than nine
passengers excluding the driver.
[43] [44-A. Permission
to drive transport vehicles registered in other Provinces.— A transport
vehicle registered in any other Province may be allowed to be driven within the
Province–
(a)
in case of a transport vehicle for which a permit has been issued, by general
or special resolution of the Provincial Transport Authority; and (b)
in any other case, by general or special order of the Government; subject to
such terms and conditions as may be specified by the Provincial Transport
Authority or the Government in the said resolution or order, as the case may
be.]
45.
Power of
Government to control road transport.— (1) 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–
(i) co-ordinating
road and rail transport;
(ii) preventing
the deterioration of the road system; and
(iii) preventing
uneconomic competition among transport vehicles,
and after having heard the representatives of the interests
affected and having consulted the Provincial and Regional Transport Authorities
concerned, may, for reasons to be recorded in writing, by a notification in the
official Gazette–
(i)
prohibit or restrict throughout the Province or in any
area or on any route within the Province, subject to such conditions as it may
think desirable, the conveying of long distance goods traffic generally or of
prescribed classes of goods, by private or public carriers; or
(ii)
fix maximum or minimum fares or freights for stage
carriages and public carriers to be applicable throughout the Province or
within any area or on any route within the Province.
(2) Notwithstanding
anything in sub-section (1), Government may, by notification under this
sub-section, cancel generally or in relation to a specified area any permit or
class of permits granted under this Chapter in respect of transport vehicles in
order to enable the Corporation constituted under section 70 to use its
transport vehicles on the routes thus rendered vacant:
Provided that
the provisions of section 22 of the West Pakistan[44] General Clauses Act, 1956 as to previous
publication shall apply to a notification under this sub-section, and for the
purposes of the said section, a notification under this sub-section shall be
deemed to be a rule made under an Act.
(3) Government
may direct the Provincial Transport Authority or a Regional Transport Authority
not to grant or issue any permit (if already granted but not issued) or to
restrict the grant of fresh permits to a specified number on any route or
routes or part of a route on which the Corporation is already operating motor
transport or intends to do so.
Explanation– For the purpose of this
sub-section “route” includes any combination of routes or an elongation of a
route.
[45] [45-A. Power of Government to regulate stage carriages.— (1) The
Government may, in order to regulate stage carriages on a route or in an area,
for the purposes of–
(a)
reducing traffic congestion;
(b)
providing an efficient, adequate, reliable, dignified,
safe, integrated, economical and properly coordinated road transport system;
(c)
providing adequate seating arrangements for women and
disabled; and (d) satisfying any other requirement for proper transportation
system; conduct or cause to be conducted a periodical survey in order to
determine all or any of
the following:
(i) the
need for alignment or realignment of a route or routes;
(ii) the
particular type or kind of motor vehicle (including nature, capacity, quality
and age) which can be used as a stage carriage on the route;
(iii) the
number of permits for the stage carriages required to be issued for the route;
(iv) the
measures to control and reduce environmental pollution and traffic congestion;
(v) the
need for preservation and future expansion of roads and commuter demands;
(vi) the
time period for which any of these arrangements may be adequate; and
(vii) any
other factor necessary for the development of a proper road transport system.
(2) The
Government may, subject to sub-section (1), by notification in the official
Gazette–
(a) declare
a route to be a specified route;
(b) determine
the technical specifications (including capacity, quality and age) of the stage
carriages which shall ply on the specified route;
(c) fix
the number of permits required to be issued in respect of a specified route;
and
(d) determine
qualifications and conditions for the grant of a permit for the specified route
which may be based on the following:
(i)
competence of the applicant;
(ii)
viable business plan of the applicant;
(iii)the minimum number of stage
carriages that an applicant shall have to ply or
operate on the specified route;
(iv)the
services that an applicant shall have to establish, operate and maintain on the
specified route;
(v)
the requisite arrangements for the maintenance and
operations of the stage carriages of an applicant;
(vi) the
nature, value, extent and duration of a performance guarantee which an
applicant shall be required to furnish; and
(vii)
any other reasonable qualifications and conditions as
may be prescribed in the interest of the development of the road transport
system.]
46.
Transport
authorities.— (1) Government shall by notification in the official Gazette,
constitute–
(i)
a Provincial Transport Authority to exercise and
discharge throughout the Province the powers and functions specified in
sub-section (6); and
(ii)
Regional Transport Authorities to exercise and
discharge throughout such areas (in this Chapter referred to as regions) as may
be specified in the notification, in respect of each Regional Transport
Authority, the powers and functions conferred by or under this Chapter on such
authorities:
Provided that the area specified as the region of a Regional
Transport Authority shall in no case be less than an entire district.
(2) The
Provincial Transport Authority or a Regional Transport Authority shall consist
of such [46] [persons]
as Government may think fit to appoint, but no person who has any financial
interests whether as proprietor, employee or otherwise in any transport
undertaking, shall be appointed or continue as a member of the Provincial or a
Regional Transport Authority.
Explanation– A
person shall not be deemed to have any financial interest in a transport
undertaking for the purposes of this section merely by reason of the fact that
he is a member or an employee of the Railway Board or is a person in the
service of Pakistan or serving under the Corporation.
(3) If
any person who is appointed as member of the Provincial or a Regional Transport
Authority has any such interest in a transport undertaking as is referred to in
sub-section (2), he shall forthwith give notice of the same in writing to
Government.
(4) If
any member of the Provincial or a Regional Transport Authority during his term
of office acquires any such interest in a transport undertaking as is referred
to in sub-section (2), he shall within four weeks of acquiring such interest
give notice of the same in writing to Government, and shall on the giving of
such notice cease to be such member.
(5) If
any person becomes a member or continues to remain as a member of the
Provincial or a Regional Transport Authority in contravention of the provisions
of this section he shall be deemed to have committed an offence against this
Ordinance.
(6) The
Provincial Transport Authority shall exercise and discharge the following
powers and functions, namely:-
(i)
to co-ordinate and regulate the activities and policies
of the Regional Transport Authorities;
(ii)
to perform the duties of a Regional Transport Authority–
(a) where
there is no such authority; or
(b) where
there is such authority, if it thinks fit so to do and if so required by that
authority; [47] [
or ]
55 [(
c) where the Government directs it to do so; ]
(iii) to
settle all disputes and decide all matters on which differences of opinion
arise between the Regional Transport Authorities; and
(iv) to
discharge such other functions as may be prescribed.
(7) The
Provincial Transport Authority may, subject to such conditions as may be
prescribed, issue to a Regional Transport Authority such orders and directions
of a general character in respect of road transport as it may deem necessary,
and the Regional Transport Authority shall give effect to all such orders and
directions.
(8) The
Provincial Transport Authority and any Regional Transport Authority, if
authorised in this behalf by rules made under section 69, may delegate such of
its powers and functions to such authority, or person and subject to such
restrictions, limitations and conditions as may be prescribed by the said
rules.
47.
General
provisions as to applications for permits.— (1) Every application for a
permit shall be made to the Regional Transport Authority of the region or of
one of the regions in which it is proposed to use the vehicle or vehicles and,
if the applicant resides or has his principal place of business in any one of
those regions, to the Regional Transport Authority of that region.
(2) Nothing
in sub-section (1) shall apply to road transport services operated by the
Corporation.
56 [(3) Notwithstanding
anything contained in sub-sections (1) and (2), where a notification has been
issued by the Government under section 45-A, the Provincial Transport Authority
shall invite applications for the grant of permits through advertisement in the
press indicating the route, specification of the stage carriages, the number of
permits to be issued for that route and the qualifications and conditions
determined in such notification.]
[48] [48. Application for stage carriage
permit.— (1) An application for a permit to use a motor vehicle as a stage
carriage (in this Chapter referred to as a stage carriage permit) shall contain
the following particulars, namely:-
(a)
the name and address of the applicant;
(b)
the registration number, type, model and seating
capacity of the vehicle in respect of which the application is made;
(c)
the route or routes on which [49] [
* * *] it is intended to use the vehicle; and (d) such other matters as may be prescribed.
(2) An
application for a permit shall be accompanied by an affidavit of the applicant
to the effect that he is the actual owner of the motor vehicle in respect of
which the application is made [50] [and that no Government servant has any
financial interest in such motor vehicle, either directly or indirectly.]
Explanation– For
the purposes of this Chapter, “actual owner” means a person or a body of
persons having proprietary rights in a motor vehicle, acquired by way of
purchase, gift, inheritance, or under a hire-purchase agreement, or as a result
of the settlement of a lawful claim.
[51] [(3)
No application for grant of permit shall be made unless the vehicle in respect
of which the permit is required conforms to the age prescribed for the
purpose].
[52] [(4)
An application for the grant of the permit of a specified route shall be
supported by sufficient material showing that the applicant is qualified for
the grant of the permit in terms of the qualifications determined by the
Government under section 45-A.]
[53] [49. Procedure for grant of stage carriage
permits.— (1) Where an application for a stage carriage permit conforming
to the provisions of this Ordinance has been received by the Provincial or the
Regional Transport Authority, as the case may be, it may, on the payment of the
prescribed fee, and furnishing of a bank guarantee to its satisfaction for the
payment of any compensation which the applicant may be required to pay under
the provision of this Ordinance, grant a permit to the applicant in the
prescribed form in respect of motor vehicle specified in the application:
Provided that
where any such permit granted in respect of the vehicle for which the permit is
applied for has been suspended or cancelled, the Provincial or Regional
Transport Authority–
(a)
shall not, during the period of suspension of the
previous permit, grant a permit in respect of the vehicle; and
(b)
may, in case of a previous permit, for reasons to be
recorded in writing, a copy whereof shall be granted to the applicant free of
cost, refuse to grant a permit for a period not exceeding three months
whereafter the applicant may make a fresh application for the grant of a stage
carriage permit in respect of the same vehicle.
(2) Condition
of furnishing a bank guarantee under sub-section (1) may be dispensed with if–
(a)
the applicant furnishes security, equalling the
requisite bank guarantee, issued by an insurance company duly registered with
the Securities and Exchange Commission of Pakistan; or
(b)
the applicant furnishes a valid membership certificate
issued by the West Pakistan Transporters Mutual Assistance Cooperative Society
Limited.]
[54] [50. Conditions for grant of stage carriage
permits.— 64[(1)
A Regional Transport Authority or the Provincial Transport Authority shall
insert a condition in every stage carriage permit that in case of death of or
injury to a passenger in the stage carriage arising out of the use of the stage
carriage, the permit holder shall pay, as compensation to the passenger or the
legal representatives of the passenger, the amount specified in the Thirteenth
Schedule.]
(2) A Regional
Transport Authority may attach to a stage carriage permit any prescribed
condition or any or all of the following conditions, namely:-
(i)
that the service specified in the permit shall be
commenced not later than a specified date and period;
(ii)
that a specified number of return trips of daily
service shall be maintained on the route or routes specified in the permit and
that they may be varied only in accordance with the specified conditions;
(iv)
that copies of the fare-table and time-table approved
by the Regional Transport Authority shall be exhibited on the stage carriage
and at its stands and stops on the route, and that the timetable and fare-table
so exhibited shall be observed;
(v)
that not more than a specified number of passengers and
not more than a specified amount of luggage shall be carried on any stage
carriage at any one time;
(vi) that
within municipal limits and in such other areas and places as may be
prescribed, passengers shall not be taken up or set down except at specified
places;
(vii) that
the permit holder shall maintain such accounts and records of the operation of
the services and shall submit such financial and statistical returns as may be
required by the Regional or Provincial Transport Authority, and that the
records and accounts shall be produced for inspection before the person or
persons authorised in this behalf by the Regional or Provincial Transport
Authority; and (viii) that tickets
shall be issued to passengers for the fares paid.
(3) The
Provincial Transport Authority or a Regional Transport Authority may regulate
the timings of departure of stage carriages, whether they belong to one or more
owners.]
51.
Application
for contract carriage permit.— [56] [(1)]
An 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 the
following particulars, namely:-
(b) the
area for which the permit is required;
(c) 69 [ * * * * * * * * * *
* ]
(d) any
other particulars which may be prescribed.
[59] [(2)
An application under sub-section (1) shall be accompanied by an affidavit of
the applicant to the effect that no Government servant has, either directly or
indirectly, any financial interest in the vehicle in respect of which permit is
applied for.]
52.
Procedure of
Regional Transport Authority in considering application for contract carriage
permits.— A Regional Transport Authority, shall, in deciding whether to
grant or refuse a contract carriage permit, have regard to the extent to which
additional contract carriages may be necessary or desirable in the public
interest; and shall also take into consideration any representations made by
persons already holding contract carriage permits in the region or by any
authority or police authority in the region to the effect that the number of
contract carriages for which permits have already been granted is sufficient
for or in excess of the needs of the region or any area within the region.
53.
Power to
restrict the number of contract carriages and impose conditions on contract
carriage permits.— [60] [(1)]
A Regional Transport Authority may, after consideration of the matters
specified in section 52–
(a)
fix the number of contract carriages generally or
contract carriages of any specified type for which contract carriage permits
may be granted in the region or any specified area within the region;
(b)
refuse to grant a contract carriage permit or grant a
contract carriage permit in respect of a particular contract carriage or a
particular service of contract carriages in such form as it may, subject to the
rules made under section 69, deem fit: Provided that no person shall be granted
a contract carriage permit for any area not specified in the application made
by him under section 51;
(c)
attach to the contract carriage permit any prescribed
condition or all or any one of the following conditions, namely:-
(i) that
the contract carriage or contract carriages shall be used only in a specified
area or on a specified route or routes;
(ii)
that except in accordance with specified conditions no
contract or hiring may be entered into for transporting goods or passengers in
the contract carriage or carriages outside a specified area;
(iii) that
subject to specified conditions, goods may be carried in a contract carriage to
the exclusion of or in addition to passengers;
(iv) that
in the case of motor cabs, specified fares shall be charged and a table of
fares displayed on the vehicle;
(v) that
in the case of vehicles other than motor cabs specified rates of hiring not
exceeding specified maximum shall be charged;
(vi) that
in the case of motor cabs, a specified weight of passengers, luggage shall be
carried free of charge and a specified charge shall be made for any luggage in
excess of the luggage to be carried free of charge;
(vii) that
a taxi meter shall be fitted to every motor cab;
(viii) that specified
conditions of the permit shall be liable to be varied, and that further
specified conditions may be attached to the permit by the authority at any time
on due notice being given to the permit holder;
(ix) that
the conditions of the permit shall not be departed from save with the approval
of the authority.
[61][(2)
The Regional Transport Authority or the Provincial Transport Authority shall
insert a condition in every contract carriage permit, other than a permit in
respect of a contract carriage constructed, adapted or used for carrying not
more than six passengers including the driver, that in case of death of or
injury to a passenger in the contract carriage arising out of the use of the
contract carriage, the permit holder shall pay, as compensation to the
passenger or the legal representatives of the passenger, the amount specified
in the Thirteenth Schedule.]
54.
Application
for private carriers permit.— [62] [(1)]
An application for a permit to use a transport vehicle for the carriage of
goods for or in connection with a trade or business carried on by the applicant
(in this Chapter referred to as a private carrier’s permit) shall contain the
following particulars, namely:-
(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 particulars which may be prescribed.
[63] [(2)
An application under sub-section (1) shall be accompanied by an affidavit of
the applicant to the effect that no Government servant has, either directly or
indirectly, any financial interest in the vehicle in respect of which permit is
applied for.]
55.
Procedure of
Regional Transport Authority in considering application for a private carrier’s
permit.— (1) Where an application conforming to the provisions of section
54 for a private carrier’s permit has been received by the Regional Transport
Authority, it shall, if satisfied that the vehicle or vehicles for which the
permit is required will not be used except in connection with the business of
the applicant, such business not being transport business, grant the applicant,
on the payment of the prescribed fee, a permit in the prescribed form in
respect of the vehicle or vehicles specified, in the application:
Provided that the Regional Transport Authority may, for
reasons to be recorded in writing, a copy whereof shall be granted free of cost
to the applicant, refuse to grant a permit, where– (i) the applicant is the
holder of a private carrier’s permit which has been suspended; or
(ii)
any such permit previously held by the applicant has
been cancelled; or
(iii) any
such permit previously granted in respect of the vehicle or vehicles for which
the permit is applied for has been suspended or cancelled.
(2)
A Regional Transport Authority may in granting a
private carrier’s permit impose conditions to be specified in the permit
relating to the description of goods which may be carried, or the area in which
the permit shall be valid, or the maximum laden weight and axle weight of any
vehicle used.
(3)
A Regional Transport Authority may on the application
of the holder of a private carrier’s permit granted by it and subject to such
conditions as it may attach, extend the operation of the permit to the region
or to any area within the region of another Regional Transport Authority, and
the requirements of section 65 as to counter-signature of permits shall not be
applicable to any such permit:
Provided that
nothing in this section shall authorise a Regional Transport Authority to grant
a permit effective solely within the region of another Regional Transport
Authority.
56.
Application
for public carrier’s 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 on the prescribed form and shall
contain the prescribed particulars [64][:]
[65][Provided
that the application shall be accompanied by an affidavit of the applicant to
the effect that no Government servant has any financial interest, either
directly or indirectly, in the vehicle in respect of which the application is
made.]
57.
Procedure of
Regional Transport Authority in considering application for public carrier’s
permit.— (1) Where an application for a public carrier’s permit conforming
to the provisions of section 56 has been received by a Regional Transport
Authority, it shall, on payment of the prescribed fee, grant a permit in the
prescribed form in respect of the vehicle or vehicles specified in the
application:
Provided that the
Regional Transport Authority may refuse to grant the permit where– (i) the
applicant is the holder of a public carrier’s permit which has been suspended;
or
(ii)
any such permit previously held by the applicant has
been cancelled; or
(iii) any
such permit previously granted in respect of the vehicle or vehicles for which
the permit is applied for has been suspended or cancelled.
(2)
A Regional Transport Authority may on the application
of the holder of a public carrier’s permit granted by it, and subject to such
conditions as it may attach, extend the operation of the permit to the region
or to any area within the region of another Regional Transport Authority and
the requirements of section 65 as to counter-signature of permits shall not be
applicable to any such permit:
Provided that
nothing in this section shall authorise a Regional Transport Authority to grant
a permit effective solely within the region of another transport authority.
58.
Power to
restrict the number of and attach conditions to public carrier’s permits.— The
Regional Transport Authority may attach to a public carrier’s permit all or any
of the following conditions, namely:-
(i)
that the vehicle shall be used only on specified routes
or in a specified area;
(ii)
that the laden weight and the axle weights of any
vehicles used shall not exceed a specified maximum;
(iii)
that such records as may be prescribed relating to the
plying of the vehicles shall be maintained; and
(iv)
that the vehicle used shall comply with such other
specified condition or conditions appropriate to the service which the Regional
Transport Authority thinks proper to impose in the public interest or with a
view to prevent uneconomic competition between road transport services.
59.
Procedure in
applying for and granting permits.— [66]
[(1) An application for a permit of any kind may be made at any time.]
(7)
When a Regional Transport Authority refuses an
application for a permit of any kind it shall give to the applicant in writing
its reasons for the refusal.
[72] [60. Duration and renewal of permits.—
(1) A permit other than a special permit issued under section 64 shall be
effective [73]
[* * *]–
(a)
in the case of a stage carriage permit or a contract
carriage permit, not being a permit to ply a motor-cab, for such period not
being less than one year and not more than three years as the [74]
[Provincial or] Regional Transport Authority may after considering the
condition of the [75]
[public service vehicle] for the route in question in its discretion specify in
the permit; and
(b)
in the case of any other permit, for such period not
being less than three years and not more than five years, as the Regional
Transport Authority may, in its discretion specify in the permit.]
(2) A permit
may be renewed on an application made in that behalf in the prescribed manner
and on payment of the prescribed fee for a period specified in sub-section (1) [76][:]
88[Provided that no person shall claim
renewal of a permit of a stage carriage as a matter of right and the Authority
which granted the permit may or may not renew it, for reasons to be recorded in
writing.]
61.
General
conditions attaching to all permits.— (1) Save as provided in section 62, a
permit shall not be transferable from one person to another except with the
permission of the transport authority 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 by another vehicle of the
same or substantially similar nature and capacity any vehicle covered by the
permit.
(3)
The following shall be conditions of every permit:-
(a)
that the vehicle or vehicles to which the permit
relates 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 permissible under this
Ordinance;
(c)
that any prohibition or restriction imposed and any
maximum or minimum fares or freights fixed by notification made under section
45 are observed in connection with any vehicle or vehicles to which the permit
relates;
(d)
that the vehicle or vehicles to which the permit relates
are not driven in contravention of the provision of section 76;
[77][(dd) that no Government servant shall
acquire any interest, either directly or indirectly, in the vehicle covered by
a permit except when he acquires such interest by operation of law or under the
decree, judgment or order of any court or with the permission, in writing, of
the authority by which the permit was granted;]
(e)
that the permit holder shall furnish to the Provincial
Transport Authority or a Regional Transport Authority or an officer of the
Transport Department authorized in this behalf, within such period of time as
may be fixed by that authority or the officer, such information relating to the
vehicle or vehicles covered by the permit or the permit holder’s business as a
carrier as may be required by that authority or officer;
(f)
that the provisions of any law for the time being in
force in the Province relating to insurance of motor vehicles so far as they
apply to the holder of the permit are observed; and
(g)
that the permit holder’s business premises shall be
according to a design approved by the Provincial Transport Authority and
maintained properly.
Explanation– In
this clause, business premises include bus stations, shelters, garages and
repair shops for the vehicle or vehicles to which the permit relates.
62.
Cancellation
and suspension of permit.— (1) The transport authority 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 61 or of any other condition contained in the permit; or
(b)
if the holder of the permit uses or causes or allows a
vehicle to which the permit relates to be used in any manner not authorized by
the permit; or
(c)
if the holder of the permit ceases to possess the
vehicle or vehicles covered by the permit; or
(d)
if the holder of the permit has obtained the permit by
fraud or misrepresentation; or
(e)
if the holder of a public carrier’s permit fails,
without reasonable cause, to ply the vehicle; or
(f)
if the holder of the permit uses or causes or allows
the vehicle or vehicles to be used for subversive activities against the State;
or
(g)
if the holder of the permit uses or causes or allows
the vehicle or vehicles to be used for the transport of goods the movement of
which is banned under any law for the time being in force, or for the
commission of a cognizable offence; or
(h)
if a forgery has been committed in respect of the
permit or it has in any way otherwise been tampered with [78]
[; or]
[79]
[(i) if the holder of a permit, of a route specified under section 45-A, fails
to comply with any of the qualifications or any of the terms and conditions of
the permit:]
Provided that
no permit shall be cancelled unless an opportunity has been given to the holder
of the permit to submit his explanation and of being heard.
(2)
Where a transport authority cancels or suspends a
permit, it shall record in writing its reasons for the cancellation or
suspension and shall give a copy thereof to the holder of the permit.
[80][62-A. Suspension and cancellation of
permits of the specified route and forfeiture of performance guarantee.— If
an owner, plying his stage carriages on a specified route having more than one
permits, fails to comply with or violates any of the qualifications, or any
terms and conditions of the permit, the Provincial Transport Authority may
impose all or any of the following penalties upon him:
(a) forfeiture of the whole or part of the performance
guarantee; or (b) suspend all or any of the permits; or (c) cancel all or any
of the permits:
Provided that
no such penalty shall be imposed upon the owner unless he is afforded an
opportunity to show-cause against the specific allegations and the penalty
proposed to be imposed upon him.]
63.
Transfer of
permit on death of holder.— (1) Where the holder of a permit dies, the
person succeeding to the possession of the vehicle or 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 authority which granted the permit of the
death of the holder and of his intention to use the permit:
Provided further that no permit shall be so used after the
date on which it would have ceased to be effective without renewal in the hands
of the deceased holder.
(2)
The transport authority may, on application made to it
within three months of the death of the holder of a permit, transfer the permit
to the person succeeding to the possession of the vehicles covered by the
permit.
[81] [Explanation.— For the purposes of
this section, the word “death” shall include winding up, dissolution,
insolvency or any other mode of extinction of a person or an entity.]
[82][64. Special permits.— (1) A Regional
Transport Authority may grant special permits, to be effective for one return
trip only, authorising the use of a motor vehicle for that trip as a public
service vehicle [83]
[or authorising a transport vehicle being driven empty.]
(2) A Regional
Transport Authority may, subject to such conditions as it may impose in this
behalf, delegate its powers of issuing a permit under sub-section (1) to its
Chairman, any member or any gazetted officer of Government.]
65.
[Validation of permits for use outside region
in which granted]. Deleted by the West Pakistan Motor Vehicles
(Amendment) Ordinance, 1970 (IX of 1970).
66.
Appeals.—
(1) Any person–
(a)
aggrieved by the refusal of the Provincial or a
Regional Transport Authority to grant a permit, or by any condition attached to
a permit granted to him; or
(b)
aggrieved by the cancellation 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 to the possession of
the vehicle or vehicles covered by the permit; or
(d)
aggrieved by the refusal of the Provincial or a
Regional Transport Authority to countersign a permit, or by any condition
attached to such countersignature; or
(e)
aggrieved by the refusal to renew 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 holder of a licence, who is aggrieved by the
refusal of a Regional Transport Authority to grant an authorisation to drive a
public service vehicle; [84]
[or]
97 [(h) aggrieved by a penalty of
forfeiture, suspension or cancellation imposed under section 62-A,]
may, within thirty days, and in the
prescribed manner, appeal to the prescribed authority, who
after giving such person and the original authority an
opportunity of being heard, pass such order, not inconsistent with the
provisions of this Ordinance or the rules framed thereunder, as it may deem
fit:
Provided that the appellate authority shall not increase the
number of permits granted by the Provincial Transport Authority or a Regional
Transport Authority.
(2) No
appeal shall lie against any order passed under sub-section (2) of section 45.
(3) Save
as expressly provided in this Ordinance, no Court or other authority shall have
jurisdiction–
(a)
to entertain or adjudicate upon any matter which the
Provincial or a Regional Transport Authority or the prescribed authority is
empowered by this Ordinance to dispose of or to determine; or
(b)
to question the legality of anything done under this
Ordinance by or at the instance of the Provincial or a Regional Transport
Authority or the prescribed authority.
(4) No
Court or other authority shall be competent to grant an injunction or other
order in relation to any proceedings before the Provincial or a Regional
Transport Authority or the prescribed authority under this Ordinance, or
anything done or intended to be done by or at the instance of any such
authority under this Ordinance.
[85][67. Compensation for the death of, or
injury to a passenger.— [86][(1)
In the case of death of or injury to a passenger in a stage carriage or a
contract carriage, other than a contract carriage constructed, adapted or used
to carry not more than six passengers including the driver, arising out of the
use of such carriage, the holder of the permit or, in the absence of the
permit, the owner of the carriage shall pay, as compensation to the passenger
or the legal representatives of the passenger, the amount specified in the
Thirteenth Schedule.]
(2) The
compensation payable under sub-section (1) shall be in addition to any sum
which the person entitled to receive compensation may receive or be eligible to
receive under a policy of insurance under the provisions of section 95 of the
Motor Vehicles Act, 1939 (IV of 1939).
(3) Any
contract for the conveyance of a passenger in a stage carriage or contract
carriage, other than a contract carriage constructed, adapted or used to carry
not more than six passengers including the driver, in respect of which a permit
has been issued under this Chapter, shall, so far as it purports to restrict
the liability of any person, or to absolve any person from his liability, in
respect of any claim made against that person in respect of the death of, or
injury to, the passenger who is being carried in, entering or alighting from
the vehicle or purports to impose any conditions with respect to the
enforcement of any such liability, be void.]
[87][67-A. Claims Tribunal.— (1) Government
may, by notification in the official Gazette, constitute a Claims Tribunal for
such area or areas as may be specified in the notification, for the purpose of
adjudicating upon claims for compensation under section 67.
(2) A Claims
Tribunal shall consist of one or more members as Government may deem fit to
appoint, and where it consists of two or more members, one of them shall be
appointed as the Chairman thereof.]
101[67-B. Application
for compensation.— (1) An application for compensation under section 67 may
be made–
(a)
by the person who has sustained the injury; or
(b)
where death has resulted, by the legal representatives
of the deceased passenger; or
(c)
by an agent duly authorised by the person injured or
the legal representatives of the deceased passenger, as the case may be.
(2) Every
application under sub-section (1) shall be made to the Claims Tribunal having
jurisdiction over the area in which the accident resulting in the death or
injury, as the case may be, of the passenger, and shall be in such form and
shall contain such particulars as may be prescribed.
(3) No
application for compensation under this section shall be entertained unless it
is [88]
[accompanied by such fee as may be prescribed and is] made within ninety days
of the accident:
Provided that
the Claims Tribunal may entertain an application after the expiry of the said
ninety days, if it is satisfied that the applicant was prevented by sufficient
cause from making the application in time].
[89][67-BB. Information regarding claim for
compensation.— Where the Claims Tribunal receives information from any
source that an accident giving rise to a claim for compensation under section
67 has occurred within its jurisdiction, it may, after such inquiry as it may
deem proper, inform the passenger injured in the accident or the legal
representatives of the passenger who has died as a result of the accident that
it is open to him or them to make an application for compensation under section
67-B and may give him or them, as the case may be, such other information as it
may think fit.]
[90][67-C. Award of compensation.— On
receipt of an application for compensation made under section 67-B, the Claims
Tribunal shall hold an inquiry into the claim, giving an opportunity to the
parties of being heard, and pass an order determining, in accordance with the
provisions of section 67, the amount of compensation payable, and specifying
the person or persons to whom the compensation shall be paid.]
105[67-D. Procedure and
powers of Claims Tribunal.— (1) In the holding of an inquiry under section
67-C, the Claims Tribunal shall, subject to any rules that may be made in this
behalf by Government, follow such summary procedure as it thinks fit.
(2)
The Claims Tribunal shall be deemed to be a Civil Court
for all the purposes of section 195 and Chapter XXXV of the Code of Criminal
Procedure, 1898 (Act V of 1898).
(3)
The Claims Tribunal shall have all the powers of a
Civil Court–
(a)
for the purposes of taking evidence on oath, enforcing
the attendance of witnesses and compelling the discovery and production of
documents and material objects; and
(b)
for such other purposes as may be prescribed.]
[91][67-E. Appeal.— (1) Subject to the
provisions of sub-section (2), any person aggrieved by an order of the Claims
Tribunal awarding or refusing to award compensation, may 107
[on payment of such fee as may be prescribed] within ninety days from the date
of the order, prefer an appeal to the prescribed authority [92][:]
109[Provided that the appellate authority
may entertain an appeal after the expiry of the said ninety days, if it is
satisfied that the appellant was prevented by sufficient cause from preferring
the appeal in time.]
[93](2)
An appeal shall not lie under sub-section (1) if the amount in dispute in the
appeal does not exceed rupees twenty-five thousand.]]
[94][67-F. Recovery of amount of compensation.—
(1) Where any compensation has been awarded by the Claims Tribunal or the
prescribed authority, and the same has not been paid to the person to whom it
has been awarded, within seven days of the order awarding the compensation–
(a)
if the compensation is payable by a person who has
furnished a bank guarantee under section 49, the bank giving the guarantee
shall on being required by the Tribunal deposit with the Tribunal the amount of
compensation or so much thereof as can be paid out of the amount secured under
the guarantee; provided that any amount of compensation which cannot be so
recovered shall be recoverable in the manner provided in clause (b) ;
(b)
if the compensation is payable by a person who has not
furnished a bank guarantee under section 49, the Claims Tribunal or the
prescribed authority awarding the compensation may on the application of the
person entitled to receive the compensation, issue a certificate to the
Collector, and the Collector shall thereupon proceed to recover the amount
specified in the certificate in the same manner as an arrear of land-revenue.
(2) Where any
compensation has been paid under the provisions of clause (a) of subsection (1) out of any amount secured under section 49 in
respect of a stage carriage, the permit in respect of such stage carriage shall
stand suspended until the permit holder furnishes to the Regional Transport
Authority which issued the permit, a fresh bank guarantee of the prescribed sum
under the provisions of section 49.]
[95][(3)
An order passed by a Claims Tribunal of any other Province or of the State of
Azad Jammu and Kashmir shall be enforceable in the Province in the same manner
as if it were an order of the Claims Tribunal of the Province; provided the
orders of the Claims Tribunal in the Province are also enforceable in such
other Province or the said State.]
[96][67-G. Bar of jurisdiction.— No Civil
Court shall have jurisdiction to entertain any question relating to any claim
for compensation which may be adjudicated upon by a Claims Tribunal, and no
injunction in respect of any action taken or to be taken by or before a Claims
Tribunal in respect of any claim for compensation shall be granted by a Civil
Court.]
68.
Power to
make rules as to stage carriages and contract carriages.— (1) Government
may make rules in respect of stage carriages and contract carriages–
(a)
to provide for the licensing of persons acting as
conductors of such carriages;
(b)
to regulate the conduct of persons licensed to act as
drivers of, and the conduct and duties of conductors of such vehicles, when
acting as such; and (c) to regulate
the conduct of passengers in such vehicles.
(2) Without
prejudice to the generality of the foregoing provisions, such rules may–
(a)
authorise the removal from such vehicle by
the driver or conductor, or on the request of the driver or conductor, or any
passenger, by any police officer, of any person infringing the rules;
(b)
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;
(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 persons authorised by the owner of
the vehicle production during the journey and surrender at the end of the journey
by the holder thereof any ticket issued to him;
(e)
require a passenger, if so requested by the
driver or conductor, to leave the vehicles on the completion of the journey for
which he has paid the fare;
(f)
require the surrender by the holder thereof
on the expiry of the period of journey for which it is issued, of a ticket
issued to him;
(g)
require the maintenance of complaint books
in stage carriages and prescribe the conditions under which passengers may
record any complaints in the same.
69.
Power to
make rules for the purposes of this Chapter.— (1) Government may make rules
for the purposes of carrying into effect the provisions of this Chapter.
(2) Without
prejudice to the generality of the foregoing power, rules under this section
may be made with respect to all or any of the following matters, namely:-
(i)
the period of appointment and the terms of appointment
of and the conduct of business by Regional and Provincial Transport Authorities
[97]
[the delegation of powers by them to their respective Chairmen or any member]
and the reports to be furnished by them;
(ii)
the conduct and hearing of appeals that may be
preferred under this Chapter, the fees to be paid in respect of such appeals
and the refund of such fees;
(iii)
the forms to be used for the purposes of this Chapter,
including the forms of permits;
(iv)
the issue of copies of permits in place of permits
mutilated, defaced, lost or destroyed;
(v)
the documents, plates and marks to be carried by
transport vehicles, the manner in which they are to be carried and the
languages in which any such documents are to be expressed;
(vi)
the badges and uniform to be worn by drivers and
conductors of stage carriages and contract carriages;
(vii) the
fees to be paid in respect of permits, duplicate permits, plates and badges;
(viii) the
exemption of prescribed persons or classes of persons from payment of all or
any portion of the fees payable under this Chapter;
(ix)
the custody, production and cancellation on expiration,
of permits, and the return of permits which have become void or have been
cancelled;
(x)
the conditions subject to which a permit issued in one
region shall be valid in another region;
(xi)
the authorities to whom, the time within which and the
manner in which appeals may be preferred;
(xii) the
construction and fittings of, and the equipment to be carried in by stage and
contract carriages, whether generally or in specified areas;
(xiii) the
determination of the number of passengers a stage or contract carriage is
adapted to carry and the number of passengers which may be carried;
(xiv) the
condition subject to which goods may be carried on stage and contract carriages
partly or wholly in lieu of passengers;
(xv) the
safe custody and disposal of property left in a stage or contract carriage;
(xvi) regulating
the painting or marking of transport vehicles and the display of advertising
matter thereon, and in particular prohibiting the painting or marking of
transport vehicles in such colour or manner as to induce any person to believe
that the vehicle is used for the transport of mails;
(xvii) the
conveyance in stage or contract carriages of corpses or persons suffering from
any infectious contagious disease or goods likely to cause discomfort or injury
to passengers, and the inspection and disinfection of such carriages, if used
for such purposes;
(xviii) the
provision of fitting taxi-meters of approved standard type on motor cabs, and
the examining, testing and sealing of taxi-meters;
(xix)
prohibiting the picking up or setting down of
passengers by stage or contract carriages at specified places or in specified
areas or at places other than duly notified stands or halting places, and
requiring the driver of a stage carriage to stop and remain stationary for a
reasonable time when so required by a passenger desiring to board or alight
from the vehicle at a notified halting place;
(xx) the
requirements which shall be complied with in the construction or use of any
duly notified stand or halting place, including the provision or adequate
facilities for the convenience of the users thereof, the fees, if any, which
may be charged for the use of such stands or places, the staff to be employed
thereat and the duties and conduct of such staff, and generally for maintaining
such stands and places in a serviceable and clean condition;
(xxi) the
regulation of motor cab ranks;
(xxii)
requiring the owners of transport vehicles to notify
any change of address or to report the failure of or damage to any vehicle used
for the conveyance of passengers for hire or reward;
(xxiii) authorising
specified persons to enter at all reasonable times and inspect all premises
used by permit holders for the purposes of their business;
(xxiv) requiring a
person incharge of a stage carriage to carry any person tendering the legal or
customary fare;
(xxv) the
conditions under which, the types of containers or vehicles in which and the
seasons during which animals or birds may or may not be carried;
(xxvi) the
licensing of and the regulation of the conduct of agents or canvassers who
engage in the sale of tickets for travel by public service vehicles or
otherwise solicit business for such vehicles;
(xxvii) the licensing of
and the regulation of the activities of agents in the business of collecting,
forwarding and distributing of goods carried by transport vehicles;
(xxviii) the
inspection of transport vehicles and their contents and of the permits relating
to them;
(xxix) the
carriage of persons other than the driver in goods vehicles;
(xxx) the
records to be maintained and the return to be furnished by the owners of
transport vehicles; [98]
[*]
[99][[(xxxi) the classification of routes and
imposition of restrictions regarding age of vehicles for the purpose of issuing
stage carriage permits;]
(xxxii) the
form in which application should be made for grant of permits;
(xxxiii) the amount
of security which should be made for the grant of stage carriage and contract
carriage permits; and]
[100][(xxxiv)]
any other matter which is to be or may be prescribed.
118[69A. * * * * * *
* * * * * *]
CHAPTER V
[101] [PUNJAB ROAD TRANSPORT BOARD]
Transport Board] for the purpose of operating road transport
services in the Province and the [103]
[Board] so established shall be a body corporate by the name of the [104]
[Punjab Road Transport Board], having perpetual succession and a common seal
and shall by that name sue and be sued.
[105][(2)
The Board shall consist of a Chairman and eleven members and shall be constituted
as follows:-
(i)
Minister incharge of Transport Department.Chairman.
(ii) Two
members of the Provincial Assembly of the Punjab to be appointed by Government.
(iii)
One representative or any bargaining agent of Road
Transport Board workers union or federation to be appointed by Government.
(iv)
A representative of Technical Branch of Punjab Road
Transport Board to be appointed by Government.
(v) A
representative of Traffic Branch of Punjab Road Transport Board to be appointed
by Government.
(vi)
A representative of the Pakistan Western Railway to be
appointed by Government.
(vii)
Managing Director of the Punjab Road Transport Board.
(viii)
A representative of the Finance Department, Government
of the Punjab to be appointed by Government.
(ix)
A representative of the Punjab Transport Department to
be appointed by Government.
(x) A
representative of the Punjab Board of Industrial Management to be appointed by
Government.
(xi)
A representative of the Bankers’ consortium to be
appointed by Government.]
[106][(3)
The term of office of each individual member shall be such as may be determined
by Government at the time of his appointment.]
(4) On
the expiry of the term of his office [107]
[* * *] a member shall be eligible for reappointment for another term or for
such shorter term as Government may determine.
Provided that his resignation shall not take effect until it
is accepted by Government.
(6) [109][Each]
member [110][may]
receive such salary [111][or]
allowances as may be determined by Government and shall perform such duties as
may be assigned to them under this Ordinance or the rules framed thereunder.
(i)
if he refuses or fails to discharge or becomes in the
opinion of Government incapable of discharging his responsibilities under this
Ordinance; or
(ii)
if he has been declared insolvent; or
(iii) if
he has been declared to be disqualified for employment in, or has been
dismissed from the service under the [113]
[Federal] Government or the Provincial Government or has been convicted of an
offence involving moral turpitude; or
(iv) if
he has knowingly acquired or continues to hold, without the permission in
writing of Government, directly or indirectly or through a partner, any share
or interest in any contract or employment with or by or on behalf of the [114]
[Board] or in any land or property which to his knowledge is likely to benefit
or has benefitted as a result of the operations of the 134
[Board];
[115][(v)
if he absents himself form any meeting of the Board without leave of
absence;
(vi) if he is found to be a
lunatic or is of unsound mind. ]
[116][(7-A)
A person employed for the purpose of an organization established under sub-
section (1) shall be deemed to be a public servant within
the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).]
[117][(8)
A person employed for the purpose of the [118]
[Board] shall be deemed to be a public servant within the meaning of section 21
of the Pakistan Penal Code, 1860, but shall not be deemed to be a servant of
the Government on the ground that he is employed by the 139
[Board] established by the Government.]
[119][(9)]
Government shall consult the [120]
[Board] in all matters relating to the co-ordination of road and rail transport
and in the fixation of fares and freights under Chapter IV.
142[(10)] Government may make rules not
inconsistent with the provisions of this Ordinance, prescribing the powers and
functions of the [121]
[Board].
[122][(11)
Notwithstanding anything contained in any law or any instrument having the
force of law for the time being in force, or any judgment of any court
Government shall have the Power, and shall be deemed always to have had the
power, to dissolve by notification the Board established under subsection (1)
and to lay down in the notification the manner in which all or any of the
affairs of the Board, including matters relating to the assets, liabilities,
employees and officers of the Board and all matters ensuing as a consequence of
the dissolution of the Board shall be dealt with after its dissolution.
(12) Any action
taken, notification issued or order made by Government on or after the ninth
day of May, 1985, for the dissolution of the Board established under subsection
(1) and dealing with the matters ensuing as a consequence of the dissolution
shall, notwithstanding anything contained in any law or any instrument having
the force of law for the time being in force, or any judgment of any Court, be
deemed to have been validly taken, issued or made, as the case may be.]
71.
Transport
Authorities to have no jurisdiction in respect of motor transport operated by
the [123] [Board].— (1) The 146[Board]
may operate motor transport on any route it may think fit, and where it so
operates such transport, the Provincial Transport Authority and a Regional
Transport Authority shall, notwithstanding anything in this Ordinance, have no
jurisdiction in relation to that transport.
(2) The
Provincial Transport Authority or the Regional Transport Authority shall not
grant or issue stage carriage permits on new route or routes wholly lying
within an urban area to be notified in this behalf by Government, unless an
offer has first been made to the [124]
[Board] to operate its services on such route or routes and the [125]
[Board] has declined to operate its services on such route or routes:
Provided that
if the [126]
[Board] fails to operate its services on such route or routes within three
months of the date on which the offer of the Provincial Transport Authority or
the Regional Transport Authority, as the case may be, was communicated to it,
it shall be presumed that the 150[ Board] has
declined to operate its services on such route or routes.
72.
Powers of
the [127] [Road Transport Board] to acquire property
for motor transport operated by it.— (1) [128][Board]
shall have power to acquire any property, movable or immovable, used in, or
for, or ancillary to, the operation of any motor transport conducted under this
Chapter.
(2) Such
acquisition may be made by serving a notice of acquisition on the owner of the
property, or if such owner is not readily traceable or the ownership is in
dispute, by a notice of acquisition published in the official Gazette and shall
take effect from the beginning of the day on which the notice is served or
published.
(3) For
any property so acquired there shall be paid compensation equivalent to the
market value of the property acquired to be calculated in such manner as
Government may prescribe.
(4) If
any dispute arises as to the amount of compensation payable under sub-section
(3), it shall be referred to the arbitration of a person who is or has been a
High Court Judge and his award shall be final and binding on the parties and
shall not be called in question in any Court of law nor shall anything in the
Arbitration Act, 1940153, apply to such
an arbitration.
[129] [CHAPTER V-A
URBAN TRANSPORT COMPANY
72-A. Company.— (1) The Government may, in
the notified area, establish an Urban Transport Company registered under the
Companies Ordinance 1984 (XLVII of 1984) for the provision of urban transport
and related services.
(2) A
director or an employee of the Company shall be deemed as a public servant
within the meaning of section 21 of the Pakistan Penal Code 1860 (XLV of 1860).
(3) The
Company shall advise the Government on all public policy matters of urban
transport and related services.
72-B. Powers of the Company.— (1) The Company
may, in the notified area–
(a)
plan, align, classify and re-classify a route;
(b)
specify, operate and enforce the urban transport on the
routes; and
(c)
plan, build, and maintain infrastructures for the urban
transport and related services.
(2) If
the Company undertakes to operate urban transport on a route in the notified
area that caters to the needs of passengers on the route then notwithstanding
anything contained in this Ordinance, the Provincial Transport Authority or a
Regional Transport Authority shall not:
(a)
issue route permit for such route to any public service
vehicle as the Company may notify to the Authority; or
(b)
perform any function or exercise any power in relation
to a matter specifically assigned to the Company.
72-C. Property of the Company.— (1) The
Company may acquire, hold, possess and dispose of any property, movable or
immovable, for purposes of the urban transport.
(2) The
Company shall not dispose of an immovable property without the prior approval
of the Government.
72-D. Fixation of fares.— (1) Notwithstanding anything contained in
section 45, the Company shall fix the fares to be charged by the urban
transport.
(2) The
Government may, on its own motion or on the application of any person, revise
the fare fixed by the Company by taking into consideration the operational
viability of the urban transport.
72-E. Delegation of powers.— The Government
may delegate any powers or functions of an officer, authority or body under
this Ordinance to the Company or employees of the Company to be exercised by it
or them in the notified area subject to such conditions as may be determined by
the Government.
72-F. Interpretation.— In this Chapter–
( a) “Company” means the Urban
Transport Company established under section 72-A; (b) “infrastructure” means:
(i) bus
stops;
(ii) shelters;
(iii) bus lanes and
markings;
(iv) signage;
(v) bus
terminals;
(vi) interchanges
and transfer terminals; and (vii) any other related structures.
(c) “notified
area” means an area notified by the Government for the purpose of provision of
urban transport and related services; and
(d)
“urban transport” means the public service vehicles
operating in the notified area.
72-G. Power to make rules.— The Government
may, by notification, make rules regulating the urban transport, provision of
infrastructure in the notified area, routes and other connected purposes.]
CHAPTER VI
CONSTRUCTION,
EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES
73.
General
provisions regarding construction and maintenance.— Every motor vehicle
shall be so constructed and so maintained as to be at all times under the
effective control of the person driving the vehicle.
74.
Power to
make rules.— (1) Government may make rules regulating the construction,
equipment and maintenance of motor vehicles and trailers.
(2) Without
prejudice to the generality of the foregoing power, Government may make rules
governing any of the following matters either generally in respect of motor
vehicles or trailers or motor vehicles or trailers of a particular class or in
particular circumstances, namely:-
(a)
the width, height, length and overhang of vehicles and
of the loads to be carried therein;
(b)
seating arrangements in public service vehicles and the
protection of passengers against the weather;
(c)
the size, nature and condition of tyres;
(d)
brakes and steering gear;
(e)
the use of safety glass;
(f)
signalling appliances, lamps and reflectors;
(g)
speed governors;
(h)
the emission of smoke, visible vapour, sparks, ashes,
grit or oil;
(i)
the reduction of noise emitted by or caused by
vehicles;
(j)
prohibiting or restricting the use of audible signals
at certain times or in certain places;
(k)
prohibiting the carrying of appliance likely to cause
annoyance or danger; (l) the periodical testing and inspection
of vehicles by prescribed authorities;
(m) the
particulars, other than registration marks, to be exhibited by vehicles and the
manner in which they shall be exhibited;
(n)
the use of trailers or semi-trailers with motor
vehicles; and
(o)
prohibiting or requiring the painting in particular
colours of motor vehicles of particular description or for particular purposes
or in particular areas.
CHAPTER VII
CONTROL OF TRAFFIC
75.
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 or under any other law
for the time being in force:
Provided that
such maximum speed shall in no case exceed the maximum fixed for the vehicle in
the Eighth Schedule.
(2) Government
or any authority authorized in this behalf by Government may, if satisfied that
it is necessary to restrict the speed of motor vehicles in the interest of
public safety or convenience or because of the nature of any road or bridge, by
notification in the official Gazette, fix such maximum speed limits as it
thinks fit for motor vehicles or any specified class of motor vehicles or for
motor vehicles to which a trailer is attached either generally or in a
particular area or on a particular road or roads, and where any such
restrictions are imposed, cause appropriate traffic signs to be placed or
erected under section 79 at suitable places in such area or on or near such
road or bridge, as the case may be.
(3) Nothing
in this section shall apply to any vehicle registered under section 40 while it
is being used in the execution of military manoeuvres within the area and during
the period specified in a notification under sub-section (1) of section 2 of
the Manoeuvres, Field Firing and Artillery Practice Act, 1938[130].
76.
Limit of
weight and limitation on use.— (1) Government may prescribe conditions for
the issue of permits for heavy transport vehicles by the Provincial or Regional
Transport Authorities and may prohibit or restrict the use of such vehicles in
any area or route within the Province.
(2) Except
as may be otherwise prescribed, no person shall drive or cause or allow to be
driven in any public place any motor vehicle which is not fitted with pneumatic
tyres.
(3) No
person shall drive or cause or allow to be driven in any public place any motor
vehicle or trailer–
(a)
the unladen weight of which exceeds the unladen weight
specified in the certificate of registration of the vehicle; or
(b)
the laden weight of which exceeds the registered laden
weight specified in the certificate of registration; or
(c)
any axle weight 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
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.
77.
Power to
have vehicle weighed.— Any person authorized in this behalf by Government
may, if he has reason to believe that a goods vehicle or trailer is being used
in contravention of section 76, 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 76 regarding weight, he
may, by order in writing, direct the driver to convey the vehicle or trailer to
the nearest place to be specified in the order, where facilities exist for the
storage of goods, and not to remove the vehicle or trailer form that place
until the laden weight or axle weight has been reduced or the vehicle has
otherwise been treated so that it complies with the provisions of the last
preceding section.
78.
Power to
restrict the use of vehicles.— Government or any authority authorized in
this behalf by Government, if satisfied that it is necessary in the interest of
public safety or convenience, or because of the nature of any road or bridge,
may by notification in the official Gazette, prohibit or restrict, subject to
such exceptions and conditions as may be specified in the notification, the
driving of motor vehicles or of any specified class of motor vehicles or the
use of trailers either generally in a specified area or on a specified road, or
bridge, and when any such prohibition or restriction is imposed, shall cause
appropriate traffic signs to be placed or erected under section 79 at suitable
places in such area or on or near such road or bridge, as the case may be:
Provided that
where any prohibition or restriction under this section is to remain in force
for a period of not more than one month, notification thereof shall not be
necessary.
79.
Power to
erect traffic signs.— (1) Government or any authority authorized in this
behalf by Government may cause or permit traffic signs to be placed or erected
in any public place for the purpose of regulating motor vehicle traffic.
(2) Traffic
signs erected under this Chapter for any purpose for which provision is made in
the Ninth Schedule shall be of the size, colour and type and shall have the
meanings set forth in the Ninth Schedule, but Government or any authority
empowered in this behalf by Government may make or authorise the addition to
any sign set forth in the said Schedule of transcription of the words, letters
or figures thereon in such script as Government may think fit:
Provided that
the transcription shall be of similar size and colour to the words, letters or
figures set forth in the Ninth Schedule.
(3) Except
as provided by this Chapter, no traffic sign shall, after the commencement of
this Ordinance, be placed or erected on or near any road; but all traffic signs
erected prior to the commencement of this Ordinance by any competent authority
shall for the purposes of this Ordinance be deemed to be traffic signs erected
under the provisions of this Chapter.
(4) Government
or any authority authorized under sub-section (1) may remove or cause to be
removed any sign or advertisement which, in its opinion, is so placed as to
obscure any traffic sign from view or any sign or advertisement which is, in
its opinion so similar in appearance to a traffic sign as to be misleading.
80.
Parking
places and halting stations.—
Government or any authority authorized in this behalf by Government may,
in consultation with the local authority having jurisdiction in the area
concerned, determine places 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
taking up and setting down of passengers.
81.
Main roads.—
Government or any authority authorized by it in this behalf may, by
notification in the official Gazette or by the erection at suitable places of
the appropriate traffic signs referred to in [131]
[Part III] of the Ninth Schedule, designate certain roads as main roads for the
purposes of the regulations contained in the Tenth Schedule.
82.
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 by any electrical traffic signalling
device or by any police officer engaged in the regulation of traffic in any
public place.
(2) In this
section “mandatory traffic sign” means traffic sign included in 157 [Part III] of the Ninth Schedule, of 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 purpose of regulating motor vehicle traffic under
sub-section (1) of section 79.
83.
Signals and
signalling devices.— The driver of a motor vehicle shall on the occasions
specified in the Eleventh Schedule make the signal specified therein:
Provided that
the signals 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.
84.
Vehicles
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.
85.
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.
86.
Riding on
running boards.— No person driving or in charge of a motor vehicle shall
carry any person or permit any person to be carried on the running board or
otherwise than within the body of the vehicle:
Provided that
Government may, by notification in the official Gazette, permit, in such areas
as may be specified in the notification, the Civil Armed Forces, the Frontier
Constabulary, the West Pakistan Rangers and the Armed Police to have an armed
picket on the running board of a motor vehicle or otherwise than within the
body of the vehicle.
87.
Obstruction
of driver.— No person driving a motor vehicle shall allow any person to
stand or sit or anything to be placed in such manner or position as to hamper
the driver in his control of the vehicle.
88.
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 to ensure that the vehicle cannot accidentally be put in motion in the
absence of the driver.
89.
Pillion
riding.— 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.
[132][89-A. Rider to wear helmet.— No person
shall drive, or ride the pillion seat of, a two-wheeled motor vehicle except
when he is wearing a crash helmet.
Explanation– In this section, “crash
helmet” means a helmet made of such material and meeting such other
requirements as may be prescribed.]
[133][89-B. Seatbelt.— (1) A person who is
driving a motor car, motor cab, light transport vehicle or a heavy transport
vehicle on a notified road shall fasten a seatbelt.
(2) The provision of
sub-section (1) shall not apply if–
(a)
the person who is driving has a medical exemption
certificate issued by a qualified medical practitioner;
(b)
no seatbelt is fitted in the vehicle by the
manufacturer;
(c)
the vehicle is a two or three wheel vehicle or a
delivery van, an emergency vehicle, or a goods vehicle; or
(d)
the person driving the vehicle is performing a reverse
maneuver.
(3)
The Government may exempt a class of vehicles, a
vehicle, a person or a class of persons from the application of this provision
and may charge a prescribe amount of fee for the exemption.
(4)
The Government shall notify roads for the purposes of
this section.]
90.
Duty to
produce licence and certificate of registration.— (1) The driver of a motor
vehicle in any public place, shall, on demand by any police officer in uniform
or any officer of the Transport Department not below the rank of Sub-Inspector [134]
[or a person authorized by the Government], on production if so required of his
authority, produce his licence and the certificate of registration of the
vehicle and where, the vehicle is transport vehicle, the certificate of fitness
and the permit of the vehicle referred to in section 39 and 44, respectively
for examination.
(2) The
owner of a motor vehicle, or in his absence the driver or other person in
charge of the vehicle shall, on demand by a registering authority or any person
authorized in this behalf by Government, produce the certificate of
registration of vehicle and, where the vehicle is a transport vehicle, the
certificate of fitness referred to in section 39.
(3) If
the licence or certificates, as the case may be, are not at the time in the
possession of the person to whom demand is made, it shall be a sufficient
compliance with this section if such person produces the licence or certificate
within ten days at any police station in the Province which he specifies, to
the officer or authority making the demand:
Provided that,
except to such extent and with such modifications as may be prescribed, the
provisions of this sub-section shall not apply to a driver driving as a paid
employee, or to the driver of a transport vehicle or to any person required to
produce the certificate of registration or the certificate of fitness of a
transport vehicle.
91.
Railway
crossing.— (1) The driver of a transport vehicle who desires to pass over 161 [an un-manned] railway level crossing
shall cause the vehicle to stop before the crossing and shall not attempt to
pass over the crossing unless the conductor of the vehicle, or where the
vehicle has no conductor, a person authorized in this behalf by the owner of
the vehicle in writing other than the driver of the vehicle, walks before the
vehicle until it has cleared the railway lines.
(2) The
name and particulars of the persons authorized by the owner under sub-section
(1) shall be reported by the owner to the Registration Authority.
(3) A
person shall not be deemed to have been authorized by owner of the vehicle for
the purposes of sub-section (1) unless he has in his possession at the time of
performing the act required to be done under that sub-section the written
authority of the owner in this behalf.
92.
Duty of
driver to stop in certain cases.— 162[(1) A person who
is driving a motor vehicle shall cause the vehicle to stop and remain
stationery when– (a) required or directed by a police officer in uniform;
(b)
required by a person authorized by the Government;
(c)
required by a person in charge of an animal if the
person apprehends that the animal is, or being alarmed by the vehicle, and may
become unmanageable; or
(d)
the vehicle is involved in an accident with a person or
property and the person driving shall give his name and address and the name
and address of the owner to the person affected by the accident.]
(2) The
driver of a motor vehicle shall, on demand by a person giving his own name and
address and alleging that the driver has committed an offence punishable under
section 99, give his name and address to that person.
(3) In
this section the expression “animal” means any horse, cattle, elephant, camel,
ass, mule, sheep or goat.
93.
Duty of
owner of motor vehicles to give information.— The owner of a motor vehicle
the driver of which is accused of any offence under this Ordinance shall, on
the demand of any police officer or an officer of the Transport Department 163 [or a person] authorized in this behalf
by Government, give all information regarding the name and address of and the
licence held by the driver which is in his possession or could by the exercise
of due diligence be ascertained by him.
94.
Duty of
driver in case of accident and injury to a person, animal or damage to
property.— When any accident occurs, in which a motor vehicle is involved,
the driver of the vehicle or other person in charge of the vehicle shall–
this Ordinance was laid in the
Assembly; and was enacted as Act XV of 2009.
161 Substituted
by the West Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1970 (IX of
1970), for the word “a”.
162 Substituted
by the Provincial Motor Vehicles (Amendment) Act 2009 (XV of 2009). This Act
was originally promulgated as Ordinance XVII of
2007; was given permanent life by
PCO I of 2007; however, consequent upon the judgment of the Supreme Court of
Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was
enacted as Act XV of 2009. 163 Inserted ibid.
(a)
if any person is injured as a result of such accident,
take all reasonable steps to secure medical attention for the person so
injured, and, if necessary, convey him to the nearest hospital, unless the
injured person or his guardian, in case he is a minor, desires otherwise;
(b)
if any animal is injured as a result of such accident,
take steps and endeavour to locate and report the matter to the owner or
custodian of the animal so injured and take all reasonable steps to secure
medical attention, if necessary, for the animal;
(c)
if any damage has been caused to any property as a
result of such accident, take reasonable steps to report the damage to the
party sustaining the damage; and
(d)
give on demand by a police officer or an officer of the
Transport Department [135][136]
[or a person] authorized in this behalf by Government any information required
by such officer relating to the occurrence, or, if no such officer is present,
report the circumstances of occurrence at the nearest police station as soon as
possible, and in any case within twenty-four hours of the occurrence.
[137][94-A. Duty of police officer in case of
accident giving rise to claim for compensation.— When an accident giving
rise to a claim for compensation under section 67 is reported at a police
station, the officer-in-charge of the police station shall immediately forward
a copy of the first information report or the relevant extract of the daily
diary, as the case may be, to the Claims Tribunal within whose jurisdiction the
accident has taken place.]
95.
Inspection
of vehicle involved in accident.— When any accident occurs in which a motor
vehicle is involved, any person authorized in this behalf by Government may, on
production if so required of his authority, inspect the vehicle 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 without unnecessary delay, and in
no case later than forty-eight hours of its removal.
96.
Power to
make rules.— (1) Government may make rules for the purpose of carrying into
effect the provisions of this Chapter.
(2) Without
prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely:-
(a)
the nature of the mechanical or electrical signalling
devices which may be used on motor vehicles;
(b)
the erection of electrical traffic signalling devices,
and the types of such devices that may be installed;
(c)
the removal and the safe custody of vehicles, including
their loads, which have broken down or which have been left standing or have
been abandoned on roads;
(d)
the installation and use of weighing devices;
(e)
the exemption from all or any of the provisions of this
Chapter of emergency vehicles and other special classes of vehicles, 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 specified place;
(h)
prohibiting the taking hold of or mounting of a motor
vehicle in motion;
(i)
prohibiting the use of foot paths or pavements by motor
vehicles;
(j)
generally, the prevention of danger, injury or
annoyance to the public or any person, or of danger or injury to property or of
obstruction to traffic.
CHAPTER VIII
OFFENCES, PENALTIES AND PROCEDURE
97.
Offences
relating to licences.— Whoever, being disqualified under this Ordinance for
holding or obtaining a licence, drives a motor vehicle in a public place or
applies for or obtains a licence or, not being entitled to have a licence
issued to him free of endorsement, applies for or obtains a licence without
disclosing the endorsements made on a licence previously held by him, or being
disqualified under this Ordinance for holding or obtaining a licence, uses a
licence such as is referred to in subsection (2) of section 10, shall be
punished with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to five hundred rupees, or with both,
and any licence so obtained by him shall be of no effect; and if the vehicle so
driven is a transport vehicle or, the licence so applied for, obtained or used
is a licence to drive a transport vehicle, shall be punished with imprisonment
which may extend to two years and with fine which may extend to rupees one
thousand, and any licence so obtained by him shall be of no effect.
98.
Driving at excessive
speed.— [138][139][(1)
A person who drives a motor vehicle in contravention of section 75 shall be
punished with fine which shall not be less than two hundred rupees and which
may extend to five hundred rupees, and in case of a transport vehicle, with a fine
which shall not be less than five hundred rupees and which may extend to one
thousand rupees.]
(2) Whoever
causes any person who is employed by him or is subject to his control to drive
a motor vehicle in contravention of section 75 shall be punished with fine
which may extend to two hundred rupees, and when the vehicle is a transport
vehicle, with a fine which may extend to five hundred rupees.
(3) No
person shall be convicted of an offence punishable under sub-section (1) solely
on the evidence of one witness to the effect that in the opinion of the witness
such person was driving at a speed which was unlawful, unless that opinion is
shown to be based on an estimate obtained by the use of some mechanical device.
(4) The
publication of a time table under which, or the giving of any direction that
any journey or part of a journey is to be completed within a specified time
shall, if in the opinion of the Court it is not practicable in the
circumstances of the case for the journey or part of a journey to be completed in
the specified time without infringing the provisions of section 75, be prima facie evidence that the person who
published the time table or gave the direction has committed an offence
punishable under sub-section (2).
99.
Driving
recklessly or dangerously.— (1) Whoever drives a motor vehicle at a speed
or in a manner which is dangerous to human life or property 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 punished with imprisonment of either description for a term which may extend
to six months, or with fine which may extend to five hundred rupees, and if the
vehicle be a transport vehicle, with imprisonment which may extend to one year
and with a fine which may extend to one thousand rupees.
(2) Whoever,
having been previously convicted of an offence specified in sub-section (1)
shall, within three years of such conviction, be guilty of an offence
punishable under that subsection, shall be subject for every such subsequent
offence to imprisonment of either description for a term which may extend to
two years, or with fine which may extend to one thousand rupees, or with both,
and where the vehicle is a transport vehicle, with imprisonment which may
extend to four years and with fine which may extend to one thousand rupees.
[140][99-A. One wheeling of motorcycle.— (1)
Whoever drives or rides a motorcycle in any public place, while standing or
lying thereon or on one wheel, which endangers or is likely to endanger human
life or property, shall be liable to be punished with imprisonment for a term
which may extend to six months or with fine which may extend to five thousand
rupees or with both.
(2) Whoever,
having previously been convicted of an offence specified in sub-section (1),
commits the same offence within three years of his previous conviction, shall,
for every such subsequent offence, be liable to be punished with imprisonment
for a term which may extend to two years or with fine which may extend to ten
thousand rupees or with both.
(3) Offence
under this section shall be cognizable and the police officer [141]
[or a person authorized by the Government] may seize and detain the motorcycle.
(4) The
motorcycle seized and detained under sub-section (3) by any police officer 169 [or a person authorized by the
Government], may not be released before or during the trial of the offence and
may be forfeited at the time of conviction of the accused.
(5) Offence
under this section shall be triable by a Judicial Magistrate of the first class
and the Magistrate may, if he thinks fit, try the offence, punishable under
this section, in a summary way in accordance with the provisions of Chapter
XXII of the Criminal Procedure Code, 1898 (V of 1898).
100.
Driving
while under the influence of drink or drugs.— Whoever while driving or
attempting to drive a motor vehicle is under the influence of drink or a drug
to such an extent as to be incapable of exercising proper control over the
vehicle, shall be punishable with imprisonment for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both,
and if having been previously convicted of such an offence, shall again be
guilty of an offence punishable under this section, shall be subject for every
such subsequent offence to imprisonment of either description for a term which
may extend to two years, or with fine which may extend to one thousand rupees,
or with both.
101.
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 punished with fine which may extend to two
hundred rupees, and if having been previously convicted of such an offence,
shall again be guilty of an offence punishable under this section, shall be
subject for every such subsequent offence to fine which may extend to five
hundred rupees.
[142][143][101-A. Use of mobile telephones.— (1) A person shall not drive a motor
vehicle if he is using a hand-held mobile telephone or a device which performs
an interactive communication function of transmitting and receiving data.
(2) A
person shall not be guilty of contravention of sub-section (1) if, at the time
of the alleged contravention, he is–
(a)
using the mobile telephone or the device to call the
police, fire, ambulance or other emergency service; or
(b)
acting in response to an emergency.
(3) A
person who contravenes the provision of sub-section (1), shall be punished with
fine which shall not be less than two hundred rupees and which may extend to
five hundred rupees, and in case of a transport vehicle, with a fine which
shall not be less than five hundred rupees and which may extend to one thousand
rupees.]
102.
Punishment
for abetment of certain offences.— Whoever abets the commission of an
offence under section 99, 100 or 101, shall be punishable with the punishment
provided for the offence.
103.
Racing and
trials of speed.— Whoever, without the written consent of Government,
permits or takes part in a race or trial of speed between motor vehicles in any
public place shall be punished with imprisonment for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or with both.
104.
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 punished with imprisonment for a term which may extend to one month, or with
fine which may extend to five hundred rupees, or with both, or if as a result
of such defect an accident causing bodily injury to any person or animal or
damage to property takes place, with imprisonment which may extend to six
months, or with fine which may extend to one thousand rupees, or with both.
105.
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 punished
with fine which may extend to two hundred rupees:
Provided that
no person shall be convicted under this section if he proves that he had
reasonable cause to believe that the vehicle would not be used in a public
place until it had been put into a condition in which it might lawfully be so
used.
106.
Using
vehicle without permit.— Whoever drives a motor vehicle or causes or allows
a motor vehicle to be used or lets out a motor vehicle for use in contravention
of the provisions of sub-section (1) of section 44 shall be punished with
imprisonment for a term which may extend to six months or with fine which may
extend to five hundred rupees, and if having been previously convicted of such
an offence, shall again be guilty of an offence punishable under this section,
shall be subject for every such subsequent offence to imprisonment for a term
which may extend to two years, or with fine which may extend to one thousand
rupees, or with both.
(2) Nothing
in this section shall apply to the use of a motor vehicle in an emergency for
the conveyance of persons suffering from sickness or injury or for the
transport of materials for repair or of food or materials to relieve distress
or of medical supplies for a like purpose; provided that the person using the
vehicle reports such use to the Regional Transport Authority within seven days.
107.
Driving
vehicle 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 76 or of the conditions of any permit issued thereunder,
or in contravention of any prohibition or restriction imposed under section 78
shall be punished with fine which may extend to one hundred rupees, and if
having been previously convicted of such an offence, shall again be guilty of
an offence under this section, shall be subject for every such subsequent
offence to fine which may extend to five hundred rupees.
108.
Penalty for
failing to stop in case of accident or failure to furnish information, etc.— Whoever
contravenes the provisions of clause (c)
of sub-section (1) of section 92 or any of the provisions contained in section
94 or furnishes any information required to be furnished thereunder which he
knows to be false shall be punishable with imprisonment which may extend to six
months, or with fine which may extend to one thousand rupees, or with both.
109.
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 punished with imprisonment which may extend to three months,
or with fine which may extend to five hundred rupees, or with both:
Provided that
no accused person shall be convicted under this section if the Court is
satisfied that the accused acted in the reasonable belief that he had lawful
authority or in the reasonable belief that the owner would in the circumstances
of the case have given his consent if he had been asked to do so.
110.
Unauthorized
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 a motor vehicle shall be punished
with imprisonment which may extend to one month or with fine which may extend
to two hundred rupees, or with both.
111.
Disobedience
of orders, obstruction and refusal of information.— Whoever wilfully
disobeys any direction lawfully given by any person or authority empowered
under this Ordinance to give such direction, or obstructs any person or
authority in the discharge of any functions which such person or authority is
required or empowered under this Ordinance to discharge, or, being required by
or under this Ordinance to supply any information, withholds such information
or gives information which he knows to be false or which he does not believe to
be true shall, if no other penalty is provided for the offence, be punished with
fine which may extend to two hundred rupees.
[144][111-A. Penalty of contravention of rules
relating to appliances.— Whoever carries in any motor vehicle any appliance
the carrying of which is prohibited by rules made under section 74 shall be
punished with fine which may extend to five hundred rupees and such appliance
shall be forfeited to Government.]
[145][146][112. Penalty for other offences.— A
person who contravenes any provision of this Ordinance or the rules made
thereunder shall, if no other penalty is provided for the contravention, be
punished with fine which shall not be less than two hundred rupees and which
may extend to five hundred rupees, and in case of a transport vehicle, with a
fine which shall not be less than five hundred rupees and which may extend to
one thousand rupees.]
173[112-A. Unauthorized use of emergency light or a
distinctive sign.— A person who displays a revolving or an emergency light,
fabricates or counterfeits a distinctive sign or mark on a motor vehicle in
violation of the provisions of this Ordinance, the rules or a notification
issued by the Government, shall be punished with imprisonment which may extend
to six months or with fine which may extend to one thousand rupees or with
both.]
113.
Power of
arrest without warrant.— (1) A police officer in uniform [147]
[or a person authorized by the Government] may arrest without warrant any
person who commits in his view an offence punishable under section 99 or
section 100 or section 110:
Provided that any person so arrested in connection with an
offence punishable under section 100 shall be subjected to a medical
examination by a registered medical practitioner within two hours of his
arrest, and if not so subjected within the said period of two hours shall be
released from custody.
(2) A
police officer in uniform [148]
[or a person authorized by the Government] 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
and address which the police officer 176 [or a person
authorized by the Government] 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 [149]
[or a person authorized by the Government] has reason to believe that he will
abscond or otherwise avoid the service of a summons.
(3) A
police officer [150]
[or a person authorized by the Government] arresting without warrant the driver
of a motor vehicle shall, if the circumstances so required, take or cause to be
taken any steps he may consider proper for the temporary disposal and safe
custody of the vehicle.
114.
Power of
police officer to seize documents.— (1) Any police officer authorised in
this behalf or other person authorized in this behalf by Government 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 insurance
or other document produced before him by the driver or person in charge of a motor
vehicle is a false document within the meaning of section 464 of the Pakistan
Penal Code[151],
seize the mark or document and call upon the driver or owner of the vehicle to
account for his possession of or the presence in the vehicle of such mark or
document.
(2) Any
police officer [152][153]
[or a person] authorized in this behalf by Government may, if he has reason to
believe that the driver of a motor vehicle who is charged with any offence
under this Ordinance may abscond or otherwise avoid the service of a summons,
seize any licence held by such driver, and forward it to the Court taking
cognizance of the offence, and the said Court may, on the appearance of such
driver before it and on such terms as to security as it may deem fit, return
the licence to him, and require him to surrender any temporary acknowledgment
given to him under subsection (3).
(3) A
police officer [154]
[or a person] seizing a licence under sub-section (2) shall give to the person
surrendering the licence a temporary acknowledgment thereof and such
acknowledgment shall authorise the holder to drive any motor vehicle specified
in his licence until the licence has been returned to him or up to a date which
the police officer shall specify in the temporary acknowledgment whichever is
earlier:
Provided that
where for any cause in respect of which the holder of the licence is not at
fault, he is unable to appear in the Court before the temporary acknowledgment
ceases to be effective, any magistrate or a police officer 182
[or a person] authorized by Government in this behalf may, on application made
to him, substitute a later date in the temporary acknowledgment given under
this sub-section.
115.
Power to
detain vehicle used without certificate of registration or permit.— Any
police officer authorized in this behalf or other person authorized in this
behalf by Government 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 23 or without the permit required by sub-section (1) of section 44 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.
116.
Summary
disposal of cases.— (1) A Court taking cognizance of an offence under this
Ordinance shall, unless for reasons to be recorded in writing, the Court
directs otherwise or when the offence is an offence specified in Part A of the
Fifth Schedule state upon the summons to 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 seventy-five rupees 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 licence to the Court with the letter
containing his plea in order that the conviction may be endorsed on the
licence.
(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 licence by reason of his having pleaded
guilty.
[155][116-A. Ticketing System.— [156][157][(1)
Notwithstanding anything contained in the Ordinance or any other law, if a
person commits an offence mentioned in the Twelfth Schedule, an authorized
police officer or a person authorized by the Government may, at the spot, draw
a charge against him stating the offence.]
185[(2) The police officer or the
authorized person shall draw the charge on five copies of
Form-J and shall immediately–
(a)
deliver three copies of Form-J to the accused and get
the acknowledgement;
(b)
forward the fourth copy and the seized document to the
bank branch, the post office or the traffic sector office from where the
accused may get his document after payment of the fine; and
(c)
retain the fifth copy in office for record.]
(3) A person
charged with an offence under this section shall, if he does not want to
contest the charge, pay within ten days from the date of delivery of the charge
to him under subsection (2), the penalty specified for the offence in the
Twelfth Schedule, as mentioned in the charge, through cash in the notified
branch of the bank of the town, or post office or traffic sector office as
indicated in the charge.
[158][159][(4)
Where the accused pleads guilty and pays the prescribed fine within the
specified time, no further proceedings in respect of the offence shall be taken
against him.]
(5) The bank,
post office or the traffic sector office shall retain one copy of the charge
for record, send second copy to the treasury and shall hand over the third copy
to the depositor.
187[(6) If the fine is not paid within the
specified time, the police officer or the authorized person shall file a
complaint against the accused before the court of competent jurisdiction.]
(7) If during
the trial, the offender is found guilty of the offence by the trial court, he
shall be convicted to fine double to that mentioned in the charge.]
117.
Restriction
on conviction.— No person prosecuted for an offence punishable under
section 99 [160]
[* * *] shall be convicted unless–
(a)
he was warned at the time the offence was committed
that the question of prosecuting him would be taken into consideration, or
(b)
within fourteen 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
(c)
within twenty-eight days from the commission of the
offence, a summons for the offence was served on him:
Provided that nothing in this section
shall apply where the Court is satisfied that–
(a)
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
(b)
such failure was brought about by the conduct of the
accused.
118.
Jurisdiction
of Courts.— No Court inferior to that of a magistrate of the second class
shall try any offence punishable under this Ordinance or any rules made
thereunder.
CHAPTER IX
MISCELLANEOUS
119.
Publication
of and commencement of rules.— (1) Every power to make rules given by this
Ordinance is subject to the condition of the rules being made after previous
publication.
(2) All
rules made under this Ordinance shall be published in the official Gazette, and
shall, unless some later date is appointed, come into force on the date of such
publication.
120.
Appointment
of motor vehicles officers.— (1) Government may, for the purpose of carrying
into effect the provisions of this Ordinance establish a Motor Vehicles
Department and a Transport Department and appoint as officers thereof such
persons as it thinks fit.
(2) Every
such officer shall be deemed to be a public servant within the meaning of
section 21 of the Pakistan Penal Code.
(3) Government
may make rules to regulate the discharge by officers of the Motor Vehicles
Department and the Transport Department of their functions, and in particular
and without prejudice to the generality of the foregoing power, to prescribe
the uniform to be worn by them, the authorities to which they shall be
subordinate, the duties to be performed by them, the powers to be exercised by
them, and the conditions governing the exercise of such powers.
121.
General
provisions regarding appeals to prescribed appellate authorities.— (1) An
appeal under sub-section (3) of section 14, sub-section (3) of section 16,
sub-section (4) of section 17, sub-section (1) of section 36 or section 66
shall not operate as a stay of the order or proceedings under the order
appealed from, except so far as the appellate authority may direct.
(2) In
an appeal under this Ordinance, the order appealed from shall not be altered or
reversed merely on account of any error, omission or irregularity, not materially
affecting the merits, in the procedure or order of the original authority.
122.
Repeal and
savings.— (1) The enactments specified in the [161]
[Fourteenth] Schedule are hereby repealed to the extent specified against each.
(2) Notwithstanding
the repeal of the enactments specified in the Twelfth Schedule, everything
done, action taken, obligation, liability, penalty or punishment incurred,
inquiry or proceeding commenced, officer appointed or person authorised,
jurisdiction or power conferred, licence, certificate or permit granted, rule
made and order issued under any of the provisions of the said enactments shall,
if not inconsistent with the provisions of this Ordinance, continue in force
and, so far as may be, be deemed to have been respectively done, taken,
incurred, commenced, appointed, authorised, conferred, granted, made or issued
under this Ordinance.
THE SCHEDULES
FIRST SCHEDULE
FORMS
FORM A
[ SEE SECTION 7 (2)]
FORM OF APPLICATION FOR LICENCE TO DRIVE A
MOTOR VEHICLE SECTION I
APPLICATION
I apply for a licence to enable me to drive as a paid
employee
*otherwise than as a paid employee
vehicles of the following description:-
(a)
motor cycles,
(b)
motor cars,
(c) invalid
carriages,
(d)
motor cabs,
(e)
delivery vans,
(f) light
transport vehicles *including public service vehicle, excluding
(g) heavy
transport vehicles *including public service vehicle, excluding
(h)
tractors,
(i) road-rollers,
(j) locomotives,
(k) a
vehicle of a special type (description attached) constructed or adopted to be
driven by me.
SECTION II
PARTICULARS TO BE FURNISHED BY THE
APPLICANT
1.
Full name and name of
father_________________________________
2.
Permanent
address__________________________________________
3.
Temporary
address__________________________________________
4.
Age on the date of the application______________________________
[162]
[4-A. Identity Card Number________________________________________ ]
5.
Particulars of any licence previously held by
applicant______________
6.
Particulars and date of every conviction which has been
ordered to be endorsed on any licence held by the applicant.
7.
Have you been disqualified for obtaining a licence to
drive. If so give date, testing authority and result of test.
SECTION III
DECLARATION AS TO PHYSICAL FITNESS OF
APPLICANT
The applicant is
required to answer “Yes” or “No” in the space provided opposite each question–
(a)
Do you suffer from epilepsy, or from sudden attacks of
disabling giddiness or fainting?
(b)
Are you able to distinguish with each eye at a distance
of twenty-five yards in good daylight (with glasses, if worn) a motor car
number plate containing seven letters and figures?
(c) Have
you lost either hand or foot or are you suffering from any defect in movement,
control, or muscular power of either arm or leg?
(d)
Can you readily distinguish the pigmentary colours red
and green?
(e)
Do you suffer from night blindness?
(f) Do
you suffer from a defect of hearing?
(g) Do
you suffer from any other disease or disability likely to cause your driving of
a motor vehicle to be source of danger to the public?
If so, give particulars.
I declare that to the best of my information and belief the
particulars given in Section II and the declaration made in Section III hereof
are true.
Note– An applicant
who answers “Yes” to questions (b)
and (c) in the declaration and “No”
to the other questions may claim to be subjected to a test as to his competency
to drive vehicles of a specified type or types.
___________________________ Signature or thumb-impression
of applicant
Dated 19
CERTIFICATE OF TEST OF ABILITY TO DRIVE
The applicant
has passed/failed in the test specified in the Third Schedule to the [163] [Provincial] Motor Vehicles Ordinance,
1965. The test was conducted on *________________ at on (date)
___________________________
Signature of Testing Authority
___________________________ Signature or thumb-impression
of applicant
*( Here enter
description of vehicle ).
FORM B
[SEE SECTION
4(2), SECTION 7(3) AND SECTION 15]
FORM OF MEDICAL CERTIFICATE IN RESPECT OF
AN APPLICANT
FOR A LICENCE TO DRIVE ANY TRANSPORT
VEHICLE OR TO
DRIVE ANY VEHICLE AS A PAID EMPLOYEE
( To be filled up by a registered medical practitioner )
1. What is the applicant’s apparent
age?
________________
2. Is the applicant subject to epilepsy,
vertigo or any mental ailment likely to affect his efficiency.
3.
Does
the applicant suffer from any heart or lung disorder which might interfere with
the performance of his
duties as a driver ? ________________
4. (a) Is there any defect of visions ? If so, has
it been corrected by suitable spectacles?
(b) Can the
applicant readily distinguish the pigmentary colours red and green? (c)
Does the applicant suffer from night blindness? ________________
(d) Does the applicant suffer
from a degree of deafness which would prevent his hearing the ordinary sound
signals?
5.
Has
the applicant any deformity or loss of members which would interfere with the
efficient performance of
his duties as a
|
(Space for
photograph)
|
driver?
________________
6. Does he show any evidence of being
addicted to the excessive use of alcohol, tobacco or drugs?
7. Is he generally fit as regards (a) bodily health, and (b) eyesight?_______
8. Marks of identification
________________
I certify to the
best of my knowledge and belief that the applicant ____________________________
is the person herein above described and that the attached photograph is a
reasonably correct likeness of the applicant.
Signature______________________
Name_________________________
Designation____________________
Note– Special attention should be directed
to distant vision and to the condition of the arms and hands and the joints of
both extremities.
FORM C
[SEE
SECTION 8(1)] DRIVING LICENCE
No._______________
19______________________
(Name)___________________________________________________ son/daughter
of (father’s name)__________________________________ of (permanent
address)_________________________________________
_________________________________________________________
1The words “if necessary” deleted by the Provincial
Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978).
Signature or thumb-impression
is licensed to drive, throughout the Province of [164]
[“_______________ ”]
vehicles of the following description:- name of the
Province
(a) Motor cycle.
(b) Motor car.
(c) Motor cab.
(d) Delivery van.
(e) Light transport vehicle.
(f) heavy transport vehicle.
(g) Locomotive.
(h) Tractor.
(i) Invalid carriage.
(j) Road-roller.
(k) A motor vehicle hereunder
described.
He is also authorized to drive as a
paid employee.* This licence is valid from __________________ to
______________________.
( *To be struck out if
inapplicable ).
Signature and
designation
Date___________________ 19__ of Licensing
Authority
Authorisation to drive
public service vehicle– So long as this licence is valid and is renewed from time to time, the holder
is authorized to drive a public service vehicle within the Province of 193 [“__________________”]
name of the Province
Signature and designation
Date___________________ 19__ of Prescribed
Authority This licence is hereby
Signature of renewed up
to
Licencing Authority the__________ day of___________ 19
____________________
the__________ day of___________ 19
____________________
the__________ day of___________ 19
____________________
the__________ day of___________ 19
____________________
the__________ day of___________ 19
____________________
ENDORSEMENTS
|
Date
|
Section
and rule
|
Fine
or other punishment
|
Signature of
Endorsing
Authority
|
|
|
|
|
|
FORM D
[SEE
SECTION 9]
FORM OF APPLICATION FOR THE ADDITION OF A
NEW CLASS OF VEHICLE TO A DRIVING LICENCE
I hereby apply for the addition of the
following class/classes of motor vehicles to the attached licence:-
(a) Motor
cycle.
(b) Motor
car.
(c) Motor
cab.
(d) Delivery
van.
(e) Light
transport vehicle.
(f) Heavy
transport vehicle.
(g) Locomotive.
(h) Tractor.
(i) Road-roller.
(j) Invalid
carriage.
(k) Motor
vehicle of a specified description.
*I enclose (a) a medical certificate
(b) three copies of a recent photograph.
*(Required only
where the applicant is not entitled to drive as a paid employee or a transport
vehicle and now wishes to do so).
Date________________ 19__ Signature of applicant
FORM E
[SEE
SECTION 12(2)]
FORM OF APPLICATION
FOR RENEWAL OF DRIVING LICENCE
I hereby apply
for a renewal of the licence under the [165]
[Provincial] Motor Vehicles Ordinance, 1965, which was issued to me on the ____
by _____________________ (state title of Licensing Authority).
I hereby declare
that I am not subject to any disease or disability likely to cause my driving
of a motor vehicle to be a source of danger to the public.
Date________________ 19__ Signature of applicant
FORM F
[SEE
SECTION 25(1)]
FORM OF APPLICATION
FOR THE REGISTRATION OF MOTOR VEHICLE
1.
Full name, name of father, and address of person to be
registered as registered owner
2.
Class of vehicle
________________________
3.
Type of body
________________________
4.
Maker’s name ________________________
5.
Year of manufacture
________________________
6.
Number of cylinders
________________________
7.
Horse power
________________________
8.
Maker’s classification or, if not known,
wheel-base________________
9.
Chassis number
________________________
10.
Engine number
________________________
11.
Seating capacity (including driver) ________________________
12.
Unladen weight
________________________
13.
Particular of previous registration and registered
No.(if any)_________
Additional particulars to be completed only
in the case of transport vehicles other than motor cabs
14.
Number, description and size of tyres– (a) front
axle________________________
(b) rear
axle_________________________
(c) any
other axle_____________________
15. Maximum
laden weight________________ lbs.
16. Maximum
axle weight–
(a) front
axle________________________ lbs.
(b) rear
axle_________________________ lbs.
(c) any
other axle_____________________ lbs.
The above particulars
to be filled in for a rigid frame motor vehicle of two or of three axles, for a
semi-
trailer of an articulated vehicle of three axles or to the
extent applicable, for a trailer (other than the trailer to be registered as
part of an articulated vehicle), as the case may be. Where, a second trailer or
additional trailers are to be registered with an articulated motor vehicle, the
following particulars are to be furnished for each such trailer:-
17. Type
of body__________________________________________
18. Unladen
weight________________________________________
19. Number,
description and size of tyres or the axle______________
20. Maximum
axle weight___________________________________
Date________________ 19__ Signature of applicant
Explanation– An articulated vehicle
means a tractor to which a trailer is attached in such a manner that part of
the trailer is superimposed on and part of the weight of the trailer is borne
by the tractor.
Note– The motor vehicle above described is
held by the person to be registered as the registered owner, under a
hire-purchase agreement with____________ .
__________________
Signature of owner
_______________________________
Signature of Hire-Purchase Company
FORM G
[SEE SECTIONS
25(2) AND 41(2)]
FORM OF CERTIFICATE OF REGISTRATION
Registered
Number_________________
Brief
description of vehicle________________________________
(e.g.,
Ford touring car, Chevrolet 32 seater bus, Albion lorry, trailer, etc). Name,
name of father, and address of Registered owner___________________________________________
Signature of Registering Authority
Transferred
to Signature of Registering Authority
Transferred
to Signature of Registering Authority
Detailed Description
1.
Class of
vehicle___________________________________________
2.
Maker’s
name_____________________________________________
3.
Type of
body_____________________________________________
4.
Year of manufacture_______________________________________
5.
Number of
cylinders_______________________________________
6.
Chassis
Number___________________________________________
7.
Engine
Number___________________________________________
8.
Horse power______________________________________________
9.
Maker’s classification or, if not known, wheel
base_______________
10. Seating
capacity (including driver)____________________________
11. Unladen
weight___________________________________________
Additional particulars in the case of all transport vehicles other than
motor cabs–
12. Registered
laden weight____________________________________
13. Number,
description and size of tyres__________________________
(a) front
axle_____________________________________________
(b) rear
axle______________________________________________
(c) any
other axle__________________________________________
14. Registered
axle weight–
(a) front
axle__________________________________________ lbs.
(b) rear
axle___________________________________________ lbs.
(c) any
other axle_______________________________________ lbs.
Additional particulars of alternative
or additional trailer or trailers registered with an articulated vehicle–
15. Type
of body_____________________________________________
16. Unladen
weight___________________________________________
17.
Number, description and size of tyres on the
axle_________________
18. Registered
axle weight___________ lbs.
Date________________ 19__ Signature
of
Registering Authority
Note– The motor vehicle above described is
held by the person registered as the registered owner under a hire-purchase
agreement with _______.
Date________________ 19__
Signature of
Registering Authority
FORM H
[SEE
SECTION 37]
DOCUMENT TO BE
FURNISHED BY THE MAKER OR
AUTHORISED ASSEMBLER IN THE CASE OF
TRANSPORT VEHICLES
OTHER THAN MOTOR CABS
Certified that
the vehicle Chassis No. ______________ and Engine No.________ manufactured
by____________ in the year __________ has a wheel base of _________and is
designed for maximum weights as follows when fitted with the tyre-equipment
specified below: Maximum laden
weight_________________ lbs.
Maximum weight
front axle_____________ lbs.
Maximum weight
rear axle______________ lbs.
Maximum weight
any other axle__________ lbs.
Tyres–
Front
wheels___________________________
Rear
wheels____________________________
Other
wheels___________________________
Date________________ 19__ Signature of maker
or authorised
assembler
Special certificate to be furnished by an assembler–
Certified that I
am authorised by the maker of the vehicle described above to issue this
certificate.
Signature of authorized assembler
FORM I
[SEE
SECTIONS 39(1) AND 40(2)] CERTIFICATE OF FITNESS
( APPLICABLE IN THE
CASE OF TRANSPORT VEHICLES ONLY )
Vehicle No_________________ is certified as complying with the
provisions of Chapter VI of the [166]
[Provincial] Motor Vehicles Ordinance, 1965, and the rules made thereunder. The
certificate will expire on
Date________________ 19__ Signature and Designation
of Inspecting Authority
The certificate
of fitness is hereby renewed:-
Upto _____________________
19____________________________
Signature of Inspecting Authority
Upto _____________________
19____________________________
Signature of Inspecting Authority
Upto _____________________
19____________________________
Signature of Inspecting
Authority
[167]
[PUNJAB TRAFFIC POLICE
TRAFFIC VIOLATION TICKET
Form “J”
District_______________
Ticket
No.
Book No.
Name of Traffic Sector____________ Date and time______________
Offender’s Name_____________________________________________
Address_____________________________________________________
Registration No. of Vehicle_________ Violation code_______________
Document seized______________________________________________
Signature of offender___________ Ticket Issuing Officer____________
1.
The offender
is to deposit the prescribed fine at any notified branch of the Bank of Punjab
of the town within 10 days failing which he shall be prosecuted in the court of
_________________________________________
2.
If the
offender is found guilty by the court, he shall be convicted to fine double to
that mentioned in this charge.
FOR BANK USE ONLY
Received Rs.________
(in words)___________________________
Signature
official stamp of the branch]
[168] [Form K]
[* * * * * * * * * * * * * *]
SECOND SCHEDULE
[(See
Section 7(5)]
I. Disease and disabilities absolutely
disqualifying a person for obtaining a licence to drive a motor vehicle.
1.
Epilepsy.
2.
Lunacy.
3.
Heart disease likely to produce sudden attack of
giddiness or fainting.
4.
Inability to distinguish with each eye at a distance of
twenty-five yards in good daylight (with the aid of glasses, if worn) a series
of seven letters and figures in white on a black ground of the same size and
arrangement as those of the registration mark of a motor car.
5.
A degree of deafness which prevents the applicant from
hearing, without hearing aids, the ordinary sound signals.
6.
Colour blindness or inability readily to distinguish
the pigmentary colours red and green.
7.
Night blindness.
II. Diseases and disabilities absolutely
disqualifying a person for obtaining a licence to drive a public service
vehicle.
1. Leprosy.
THIRD SCHEDULE
[SEE
SECTIONS 7(6) AND 18(5)]
TEST OF COMPETENCE TO DRIVE
PART I
The candidate
shall satisfy the person conducting the test that he is able to–
(1) start
the engine of the vehicle;
(2) move
away straight ahead or at an angle;
(3) overtake,
meet or cover the path of other vehicle and take an appropriate course;
(4) turn
right and left corners correctly;
(5) stop
the vehicle in an emergency and normally, and in the latter case bring to rest
at an appropriate part of the road;
(6) drive
the vehicle backwards and whilst so doing enter a limited opening either to the
right or left;
(7) cause
the vehicle to face in the opposite direction by means of forward and reverse
gears;
(8) give
by hand and by mechanical means (if fitted to the vehicle) or in the case of a
disabled driver for whom it is impracticable or undesirable to give signals by
hand, by mechanical means in a clear and unmistakable manner, appropriate
signals at appropriate times to indicate his intended actions;
(9) act
correctly and promptly on all signals given by traffic signs and traffic
controllers, and take appropriate action on signs given by other road users.
Note– (i) Requirements 6 and 7 are not applicable in
the case of a motor cycle or tricycle not equipped with means for reversing.
(ii)
Requirements 6, 7 and 8 are not applicable in the case of invalid
carriages.
A
candidate shall be deemed to have failed in the test,
if during a road test, he does any three or more of the following acts or any
one of such acts more than once:-
A. Starting–
(1) Fails
to look around before starting.
(2) Noisy
and uncertain gear shifting.
(3) Stays
too long in low or second gear.
(4) unnecessary
fast get away.
(5) Stalls
motor.
(6) Fails
to signal.
B
Stopping–
(1) Fails
to signal.
(2) Slows
down too suddenly.
(3) Fails
to use rear-view mirror.
C
Turning–
(1) Fails
to get into proper lane in time.
(2) Fails
to signal.
(3) Fails
to check traffic.
(4) Swings
wide to the right or cuts corners to the left.
(5)
Fails to complete turn in proper lane.
D. Backing–
(1) Fails
to look behind before and while backing.
(2) Uncertain
steering when backing.
E. Parking–
(1) Hits
with a jolt other cars in parking.
(2) Climbs
curb in parking.
(3) Parks
too far from curb.
(4) Forgets
to set emergency brake.
(5) Parks
too fast for proper control.
F.
Traffic
Signals–
(1) Fails
to notice signals.
(2) Runs
through a stop signal.
G. Signs–
(1)
Does not come to a stop on a signal or at a sign
requiring him to do so.
(2)
Does not notice caution or warning signs.
(3)
Fails to observe direction signs.
H. Passing–
(1)
Does not await clear distance ahead.
(2)
Passes a vehicle in intersection when unlawful or
dangerous to do so.
(3)
Passes vehicle on right where unlawful.
(4)
Fails to use born when necessary.
(5)
Too little speed in overtaking.
(6)
Cuts in too quickly ahead.
I.
Hills–
(1) Cannot
shift gears on an upgrade or when going down.
(2) Cannot
stop and start on hill without rolling backward.
(3) Descends
in neutral.
J.
Speed–
(1)
Drives at speeds greater than ability warrants.
(2)
Too fast over rough roads, around corners, through
blind intersections and in business districts.
(3)
Tendency to lag and catch up.
(4)
Slows down while passing through an intersection or
around a curve, rather than before reaching.
(5)
hinders traffic by driving slowly in centre of street.
K. Attention–
(1) Looks
down when shifting gears.
(2) Turns
his head when talking.
(3) Fails
to notice dangerous spots.
(4) Does
not give complete attention to all traffic intersection.
L.
Attitude
towards others–
(1)
Depends on others for safety.
(2)
Takes right of way at intersection when not entitled
thereto.
(3) Inconsiderate
to pedestrians.
(4) Fails
to anticipate what others may do.
M. Miscellaneous–
(1) Stalls
at intersections.
(2) Fails
to keep in correct lane.
(3) Follows
too closely other vehicles.
(4) uses
horn too much.
(5) Shifts
into wrong gear, such as reverse instead of second.
(6) Passes
standing street cars where unlawful.
(7) Speeds
up when being overtaken.
(8) Reacts
slowly in emergency.
(9) Careless
about using proper hand signals or does not make signals clearly.
(10) Unduly
nervous.
(11) Over-cautious.
(12) Reckless
or careless.
(13) General
inexperience.
PART II
( TEST OF TRAFFIC LAWS AND
CORRECT ROAD BEHAVIOUR OF APPLICANT)
The candidate
shall satisfy the Examiner that he is cognizant of the provisions of sections
85,86,87,88 and 89 and of the Tenth Schedule, that he knows the meaning of the
traffic signs specified in the Ninth Schedule and the general provisions of the
Highway Code.
PART III
( TEST OF PHYSICAL FITNESS )
The candidate
shall satisfy the Examiner that he is not subject to any disease or disability
likely to cause his driving of a motor vehicle to be a source of danger to the
public and particularly that–
(a)
he can read from a distance of twenty-five yards a
registration plate bearing letters and figures three inches high or decipher
other similar letters or figures of the same size from a distance of twenty-five
yards with or without spectacles;
(b)
his field of vision is not less than 130 degree;
(c)
he can readily distinguish colours, red and green;
(d)
he can hear ordinary sound signals without the help of
hearing aid;
(e)
he is not suffering from epilepsy, paralysis, serious
heart disorders or mental disorders.
FOURTH SCHEDULE
[SEE SECTIONS
15(1) AND 40(1) AND (3)]
AUTHORITIES ENTITLED
TO GRANT LICENCE TO DRIVE AND TO REGISTER MOTOR
VEHICLES,
THE PROPERTY OR FOR THE TIME BEING UNDER THE EXCLUSIVE CONTROL
OF THE [169] [FEDERAL] GOVERNMENT, AND REGISTRATION
MARK FOR SUCH VEHICLES PART A
The authorities
specified in the second column may grant licences in respect of Vehicles, the
property or for the time being under the exclusive control of the Department of
the 199 [Federal] Government specified in the
first column.
Defence
Department of the 1. District Commanders.
[170]
[Federal] Government. 2. Commanders of independent brigades.
3.
Officers commanding units having mechanically propelled
vehicles in their charge.
4.
Commanders, Pakistan Engineers.
PART B
The authorities
specified in the second column may register motor vehicles the property or for
the time being under the exclusive control of the Department of the 201 [Federal] Government specified in the first
column and may grant certificates of fitness in respect of such vehicles.
Defence Department of the The Master-General of the Ordinance 202 [Federal] Government. in Pakistan or any person
authorized by him in this behalf.
PART C
Registration mark for vehicles registered
under section 40
A broad arrow
followed by not more than six figures, or a broad arrow followed by a single
letter and not more than five figures.
FIFTH SCHEDULE
[SEE SECTIONS
20(2) AND (3) AND 116]
OFFENCES ON
CONVICTION OF WHICH AN ENDORSEMENT
SHALL BE MADE ON THE LICENCE OF THE PERSON
AFFECTED PART A
1.
Driving when disqualified (section 19).
2.
Failing to stop on the occurrence of an accident
(section 92).
3.
Obtaining or applying for a licence without giving
particulars of endorsement (section 97).
4.
Driving recklessly or dangerously (section 99).
5.
Driving while drunk or under the influence of any drug
(section 100).
6.
Abetment of an offence under section 99 or section 100.
7.
Taking part in unauthorised race or trial or speed
(section 103).
8.
Altering a licence or using an altered licence.
9.
Any offence punishable with imprisonment in the
commission of which a motor vehicle was used.
PART B
1.
Driving without a licence, or without a licence which
is effective, or without a licence applicable to the vehicle driven (section
3).
2.
Allowing a licence to be used by another person
(section 6).
3.
Driving at excessive speed (section 98).
4.
Driving when mentally or physically unfit to drive
(section 101).
5.
Abetment of an offence punishable under section 98 or
101.
6.
Refusing or failing within specified time to produce
licence (section 90).
7.
Failing to stop when required (section 92).
8.
Driving an unregistered vehicle (section 23).
9.
Driving a transport vehicle not covered by a
certificate of fitness (section 39).
10. Driving
in contravention of any rule made under section 74 (2) (g) relating to speed governors.
11. Driving
a vehicle exceeding the permissible limit of weight (section 107).
12. Failure
to comply with a requisition made under section 77.
13. Using
a vehicle in unsafe condition (section 104).
14. Driving
a transport vehicle in contravention of section 44.
SIXTH SCHEDULE
REGULATION MARKS
[Omitted by Ordinance XXXVI of 1981]
SEVENTH SCHEDULE
[See Section
41]
REGISTRATION MARKS FOR VEHICLES REGISTERED
UNDER SECTION 41 [Deleted by West
Pakistan Ordinance XXXIX of 1965] [171] [EIGHTH SCHEDULE
[See
Section 75]
LIMITS OF SPEED FOR MOTOR VEHICLES
Maximum speed in kilometers
Class of vehicles
per hour
Passengers vehicles, that is to say,
vehicles constructed solely for the carriage of
passengers and their effects.
(a) if all the wheels are fitted with pneumatic
tyres and the vehicle is not drawing a trailer–
|
(i)
if the vehicle is a motor car
|
95
|
|
(ii)
if the vehicle is a motor-cycle
|
70
|
|
(iii)
if the vehicle is a motor-cab
|
80
|
(iv) if the vehicle is a public
service vehicle, other than motor-cab, capable of 70 carrying not more than 14
passengers excluding driver.
(v) if the vehicle is a public
service vehicle capable of carrying more than 14 65 passengers excluding
driver.
(b)
if the vehicle, being motor-car or motor-cab, is drawing a two-wheeled
trailer 50 or a laden weight not exceeding 800 kilograms, and if all the wheels
of the vehicle are fitted with pneumatic tyres.
(c)
any other vehicle, including rickshaw and an invalid carriage. 30
Goods vehicles, that is to say, vehicles
constructed or adapted for use or used
for the conveyance of goods–
(a) if all the wheels are fitted
with pneumatic tyres and the vehicle is a delivery van 80 and is not drawing a
trailer.
(b) if all the wheels are fitted
with pneumatic tyres and the registered laden weight of 50 the vehicle does not
exceed 10200 kilograms and the vehicle is not drawing a trailer.
(c) in any other case 25
3. Tractors–
(a) if drawing not more than one
trailer and all the wheels of the tractor and trailer 25 are fitted with
pneumatic tyres.
(b) in any other case 10
4. Locomotives, whether drawing a trailer or
not 10]
[172] [NINTH SCHEDULE
See Section
79, 81 & 82
TRAFFIC SIGNS
|
WARNING
SIGNS
|
|
|
1.
LEFT BEND. 19. CATTLE CROSSING.
2.
RIGHT BEND. 20. WILD ANIMAL CROSSING.
3.
DOUBLE BEND TO THE RIGHT. 21. ROAD WORKS.
4.
DOUBLE BEND TO THE LEFT. 22. LIGHT SIGNALS.
5.
DANGEROUS DESCENT. 23. LOW FLYING AIRCRAFTS.
6.
STEEP ASCENT. 24. STRONG CROSS WIND.
7.
CARRIAGEWAY NARROWS. 25. TWO WAY TRAFFIC.
8.
SWING BRIDGE. 26. OTHER DANGERS.
|
32.
MINOR CROSS ROADS FROM RIGHT & LEFT
RESPECTIVELY.
33.
MINOR CROSS ROADS FROM LEFT & RIGHT
RESPECTIVELY.
34.
MINOR CROSS JOINING FROM RIGHT.
35.
MINOR CROSS JOINING FROM LEFT.
36.
MINOR ROAD ON THE RIGHT.
37.
MINOR ROAD ON THE LEFT.
38.
MAJOR CROSS ROAD.
|
9.
ROAD LEADS ON TO QUAY OR27. YIELD TO THE
TRAFFIC
RIVER BANK. APPROACHING FROM THE RIGHT 39.ON NARROW BRIDGE.
THE CROSS ROAD
10.
UN-EVEN ROAD. 40. LEVEL CROSSING [NO GATE]
28.
YIELD TO THE TRAFFIC
11.
HUMP/SPEED BREAKER. APPROACHING FROM THE RIGHT 41.ON LEVEL CROSSING (WITH GATE) ANY LEG
OF THE INTERSECTION.
12.
ROAD DIPS. 42. ADVANCE DANGER SIGN.
29.
MINOR CROSS ROAD.
13.
SLIPPERY ROAD. 43. ROUND ABOUT AHEAD.
30.
MINOR CROSS ROAD FROM LEFT.
14.
LOOSE GRAVEL. 44. U.TURN AHEAD.
31.
MINOR CROSS ROAD FROM RIGHT.
15.
FALLING ROCK.
16.
PEDESTRIAN CROSSING.
17.
CHILDREN CROSSING.
18.
CYCLISTS.
PART II
REGULATORY SIGNS
GIVE WAY
SIGN. NO ENTRY FOR
VEHICLES OVERTAKING BY GOODS EXCEEDING WIDTH
MORE THAN 8-6". VEHICLES PROHIBITED.
STOP SIGN.
NO ENTRY FOR VEHICLES MAX SPEED LIMIT 50 KM.
SLOW SIGN. EXCEEDING HEIGHT MORE
THAN 16-6".
AUDIBLE WARNING DEVICES ROAD CLOSED. NO ENTRY FOR VEHICLES
PROHIBITED. EXCEEDING 7 TON LADEN WEIGHT.
NO ENTRY FOR
MOTOR PASSING
WITHOUT STOPPING VEHICLE.
NO ENTRY FOR VEHICLES PROHIBITED.
EXCEEDING
6 TON ON ONE AXLE.
NO ENTRY. PASSING WITHOUT STOPPING
NO ENTRY FOR VEHICLES PORHIBITED.
NO ENTRY FOR
CYCLES. EXCEEDING 30 FEET IN LENGTH.
PARKING PROHIBITED.
NO ENTRY FOR
MOTOR NO LEFT TURN.
CYCLES. ONE OF ALL PROHIBITIONS
NO RIGHT TURN. IMPOSED.
NO ENTRY FOR
GOODS
VEHICLES. NO U TURN.
END OF SPEED LIMIT
IMPOSED.
NO
ENTRY FOR OVERTAKING PROHIBITED.
PEDESTRIANS.
END OF PROHIBITIONS OF
OVERTAKING.
NO ENTRY FOR
ANIMAL DRAWN VEHICLES.
NO ENTRY FOR
HAND CARTS.
NO ENTRY FOR AGRICULTURAL VEHICLES.
PART III
MANDATORY SIGNS
|
DIRECTION
FOLLOWED.
DIRECTION
FOLLOWED.
DIRECTION
FOLLOWED.
DIRECTION FOLLOWED.
DIRECTION
|
|
TO
TO
TO
TO
TO
|
|
BE DIRECTION TO BE FOLLOWED. LANE CONTROL SIGN.
DIRECTION TO BE FOLLOWED. LANE CONTROL SIGN.
BE
KEEP TO THE RIGHT.
DUAL
CARRIAGEWAY AHEAD.
BE KEEP TO THE LEFT.
DUAL
CARRIAGEWAY END.
COMPULSORY
ROUND ABOUT. COMPULSORY
CYCLE TRACK. BE
BE
|
FOLLOWED.
PART IV
INFORMATIVE SIGNS
ADVANCE
DIRECTION PARKING. CAFETERIA. SIGN.
PARKING PLACE INDICATED. PICNIC SITE.
NO THROUGH
ROAD.
PARKING PLACE INDICATED. STARTING POINTS FOR WALK.
NO THROUGH
ROAD.
PARKING PLACE INDICATED. CAMPING SITE. NO THROUGH
ROAD.
PARKING PLACE INDICATED. SAMPING SITE.
DIRECTION OF
PLACE.
PARKING PLACE INDICATED. CAMPING AND CARAWAN SITE.
DIRECTION OF
AIRFIELD.
FACILITY INDICATED. YOUTH HOSTEL. BEGINING OF
BUILT UP
AREA. FIRST AID STATION. MOTOR WAY.
END OF BUILT UP AREA. BREAKDOWN SERVICE. END OF MOTOR WAY.
HOSPITAL. TELEPHONE.
100.
ONE WAY ROAD. FILLING STATION.
101.
ONE WAY ROAD. HOTEL OR MOTEL.
102.
BUS STOP. RESTAURANT.
103.
TRAMWAY STOP.
ROAD MARKING
131 . ZEBRA CROSSING ]
TENTH SCHEDULE
Sections 81 and 82]
DRIVING REGULATIONS
1. The
driver of a motor vehicle shall drive the vehicle as close to the left hand
side of the road as may be expedient, and shall allow all traffic which is
proceeding in the opposite direction to pass him on his right hand side.
2. Except
as provided in regulation 3, the driver of a motor vehicle shall pass to the
right of all traffic proceeding in the same direction as himself.
3. The
driver of a motor vehicle may pass to the left of a vehicle the driver of which
having indicated an intention to turn to the right has drawn to the centre of
the road and may pass a tramcar or other vehicle running on fixed rails,
whether travelling in the same direction as himself or otherwise, on either
side:
Provided that in
no case shall he pass a tram-car at a time or in a manner likely to cause
danger or inconvenience to other users of the road or pass on the left hand
side of a tram-car, which, when in motion would be travelling in the same
direction as himself, while the tram-car is at a rest for the purpose of
setting down or taking up passengers.
4. The
driver of a motor vehicle shall not pass a vehicle travelling in the same
direction as himself–
(a) if
his passing is likely to cause inconvenience or danger to other traffic
proceeding in any direction; or
(b) where
a point or corner or a hill or an obstruction of any kind renders the road
ahead not clearly visible.
5. The
driver of a motor vehicle shall not, when being overtaken or being passed by
another vehicle, increase speed or do anything in any way to prevent the other
vehicle from passing him.
6. The
driver of a motor vehicle shall slow down when approaching a road intersection,
a road corner, and shall not enter any such intersection or junction until he
has become aware that he may do so without endangering the safety of persons
thereon.
7. The
driver of a motor vehicle shall on entering a road intersection if the road
entered is a main road designated as such, give way to the vehicles proceeding
along that road, and in any other case give way to all traffic approaching the
intersection on his right hand.
8. The
driver of a motor vehicle shall, when passing or meeting a procession or a body
of troops or police on the march or when passing workmen engaged on road
repair, drive at a speed not greater than fifteen miles an hour.
9. The
driver of a motor vehicle shall–
(a) when
turning to the left, drive as close as may be to the left hand side of the road
from which he is making the turn and of the road which he is entering;
(b) when
turning to the right, draw as near as may be to the centre of the road along
which he is travelling and cause the vehicle to move in such a manner that–
(i)
as far as may be practicable, it passes beyond, and so
to leave on the driver’s right hand, a point formed by the intersection of the
centre lines of the intersection roads, and
(ii) it
arrives as near as may be at the left hand side of the road which the driver is
entering.
ELEVENTH SCHEDULE
[See
Section 83] SIGNALS
1.
When about to turn to the right or to drive to the
right hand side of the road in order to pass another vehicle or for any other
purpose, a driver shall extend his right arm in a horizontal position outside
of and to right of his vehicle with the palm of the hand turned to the front.
2.
When about to turn to the left or to drive to the left
hand side of the road, a driver shall extend his right arm and rotate it in an
anti-clockwise direction.
3.
When about to slow down, a driver shall extend his
right arm with the palm downward and to the right of the vehicle and shall move
the arm so extended up and down several times in such a manner that the signals
can be seen by the driver of any vehicle which may be behind him.
4.
When about to stop, a driver shall raise his right
forearm vertically outside of and to the right of the vehicle, palm to the
front.
5.
When a driver wishes to indicate to the driver of a
vehicle behind him that he desires that driver to overtake him, he shall extend
his right arm and hand horizontally outside of and to the right of the vehicle
and shall swing the arm backwards and forwards in a semi-circular motion. 205 [TWELFTH SCHEDULE
VIOLATIONS AND PENALTIES
FINES
Commercial/Public
Private Vehicles
CODE VIOLATIONS Service Vehicles
NO.
Motor
Motor Motorcab/Motorcycle All Other
Cycle/
Car/Jeep etc. Rickshaw &
Tractor (Agri) Vehicles
Scooter
1.
Exceeding prescribed speed limit Rs.
100 Rs. 300 Rs. 100 Rs. 300
2.
Carrying passengers in a public service – – Rs. 100 Rs. 300 vehicle
exceeding permissible limit
3.
Violation of traffic signals (electronic or Rs. 200 Rs. 300 Rs. 200 Rs. 400 manual)
4.
Overloading a goods vehicle – – Rs. 100 Rs. 400
5.
Driving a motor vehicle at night without Rs. 100 Rs. 200 Rs. 200 Rs.
300 proper lights
6.
Driving a motor vehicle on the wrong side Rs. 100 Rs. 300 Rs.
100 Rs. 300
of the road
7.
Driving a motor vehicle with tinted/covered – Rs. 300 and Rs. 300 Rs.
300 glasses removal
and removal and
removal
8.
Violation of line/lane/ zebra crossing etc. Rs. 100 Rs. 200 Rs. 100 Rs.
200
9.
Plying a motor vehicle where and when Rs. 100 Rs. 200 Rs. 300 Rs. 300 prohibited.
10.
Obstructing traffic Rs. 100 Rs. 200 Rs.
200 Rs. 300
11.
Reckless and negligent driving Rs.
200 Rs. 300 Rs. 300 Rs. 400
12.
Driving a motor vehicle without a driving Rs. 100 Rs. 200 Rs. 200 Rs. 400 licence
13.
Using a pressure horn, musical horn or Rs. 100 Rs. 200 Rs. 100 Rs. 300
using any other horn in a silence zone
14.
Emitting excessive smoke Rs.
100 Rs. 200 Rs. 200 Rs. 300
15.
Driving an unregistered motor vehicle Rs.
200 Rs. 300 Rs. 300 Rs. 500
16.
Driving in violation of age limit Rs.
200 Rs. 300 Rs. 300 Rs. 400
17.
Driving a motor vehicle without fitness – – Rs. 300 Rs. 400
certificate
and impounding of the
Vehicle till the Production of fitness certificate.
18.
Driving without or in violation of conditions – – Rs. 300 Rs. 500
of route permit
and impounding of the
Vehicle till the Production of route permit.
205 Substituted by the Provincial Motor Vehicles
(Amendment) Act 2009 (XV of 2009). This Schedule was earlier substituted by
Ordinance XVII of
, which Ordinance was given
permanent life by PCO I of 2007; however, consequent upon the judgement of the
Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the
Assembly on 14 October 2009, and was referred to the concerned Standing
Committee. In the meanwhile, another Ordinance No.I of 2009 was promulgated on
21 March 2009, which replaced the Twelfth Schedule and this Ordinance had also
been laid in the Assembly and was referred to the concerned Standing Committee.
The Committee replaced the Twelfth Schedule of Ordinance XVII of 2007 with that
of Ordinance I of 2009 and thus the Act XV of 2009 was enacted.
FINES
Commercial/Public
Private Vehicles
CODE VIOLATIONS Service Vehicles
NO.
Motor
Motor Motorcab/Motorcycle All Other
Cycle/
Car/Jeep etc. Rickshaw &
Tractor (Agri) Vehicles
Scooter
19.
Riding a two wheel motor cycle without Rs. 100 – – – crash helmet
20.
Pillion riding by more than two persons Rs.
200 – – –
21.
Use of hand–held mobile phone while Rs. 100 Rs. 300 Rs. 200 Rs. 400 driving
22.
Non–fastening of seatbelt while driving on – Rs. 200 Rs. 200 Rs. 300 a
notified road
23.
Violation of parking rules Rs.
100 Rs. 300 Rs. 200 Rs. 300
24.
Violation of any other provision of the Rs. 100 Rs. 200 Rs. 200 Rs. 300
Ordinance
or the rules made thereunder punishable under section 112
[173] [THIRTEENTH SCHEDULE
(See SECTIONS
50, 53, and 67)
Scale of
compensation payable on death or injury to a passenger in a stage carriage or
contract carriage–
|
Sr. No.
|
Death or injury
|
Amount of compensation in rupees
|
|
1.
|
Death
|
2 , 50,000
|
|
2.
|
Loss of arm at or above the elbow
|
65,000
|
|
3.
|
Lox of arm below the elbow
|
50,000
|
|
4.
|
Loss of leg at or above the knee
|
65,000
|
|
5.
|
Loss of leg below the knee
|
60,000
|
|
6.
|
Loss of both legs
|
1 , 40,000
|
|
7.
|
Permanent loss of hearing
|
65,000
|
|
8.
|
Loss of one eye
|
75,000
|
|
9.
|
Loss of both eyes
|
1 , 40,000
|
|
10.
|
Loss of thumb
|
40,000
|
|
11.
|
Loss of all finger of one foot
|
50,000
|
|
12.
|
Loss of index finger
|
40,000
|
|
13.
|
Loss of great toe
|
38,000
|
|
14.
|
Loss of any finger other than index finger
|
38,000
|
|
15.
|
Permanent disfiguration of the face or head
|
50,000
|
|
16.
|
Fracture or dislocation of a bone
|
40,000
|
|
17.
|
Emasculation
|
50,000
|
|
18.
|
Loss of one tooth
|
12,500
|
|
19.
|
Loss of two or more teeth
|
25,000
|
|
20.
|
Any injury which endangers life or which causes the
sufferer to be, during the space of twenty days, serve bodily pain, or
renders him unable to follow his ordinary pursuits
|
25,000
|
|
21.
|
An injury not specified above
|
10,000
|
|
22.
|
Maximum limit of compensation payable for more than
one injuries
|
1 ,40,000”
|
N.B.— Maximum compensation payable for more than one injury shall be
limited to Rs.
10,000.]
[174] [FOURTEENTH] SCHEDULE
[See SECTION
122]
ENACTMENTS REPEALED
Serial
Short title No. and year Extent of repeal No.
1.
The Motor Vehicles Act, 1939 IV of 1939. The whole, except Chapters
VII and
VIII and section 125.
2.
The Motor Vehicles (Sind Amendment) Act, 1948. Sind XIV of 1948. The
whole.
3.
The Motor Vehicles (North-West Frontier Amendment) Act,N.W.F.P. XII ofThe whole.
1950. 1950.
4.
The Motor Vehicles (Sind Amendment) Act, 1951. Sind XVIII of 1951. The whole
5.
The Motor Vehicles (North-West Frontier ProvinceN.W.F.P. VIII ofThe whole
(Amendment) Act, 1953. 1953.
6.
The Motor Vehicles (West Pakistan Amendment) Act, 1958. West Pakistan XIXThe whole of 1958.
7.
The Motor Vehicles (West Pakistan Amendment) Ordinance,West PakistanThe
whole
1960. Ordinance XXX of
1960.
8.
The Motor Vehicles (West Pakistan Amendment) Ordinance,West PakistanThe
whole
1963. Ordinance XI of
1963.
[1] This Ordinance was
promulgated by the Governor of West Pakistan on 8th June, 1965; approved by the
Provincial Assembly of West Pakistan on 10th July, 1965, under clause (3) of
Article 79 of the Constitution of the Islamic Republic of Pakistan (1962); and,
published in the West Pakistan Gazette (Extraordinary), dated 10th July, 1965,
pages 3721-3829.
[2] Substituted, for “West
Pakistan”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975). 3 Ibid.
[3] Substituted ibid., for “the Province of West
Pakistan, except the Tribal Areas”.
[4] Substituted by the West
Pakistan Motor Vehicles (Punjab Amendment) Act, 1973 (III of 1973), for
“Corporation”. 6
Substituted ibid., for “Road
Transport Corporation”.
[5] Substituted for
“Government of West Pakistan”, by the Federal Adaptation of Laws Order, 1975
(P.O. 4 of 1975).
[6] Inserted by the Provincial
Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978).
[7] Inserted by the Punjab
Finance Ordinance, 2002 (XXXVII of 2002). Under Article 5A of the Provisional
Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the
Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject
to any limitation as to duration prescribed in the Constitution.
[8]
VII of 1913.
[9] XXI of 1860
[10] Inserted by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1971 (XXII of 1971).
[11] XXI of 1860.
[12] The words “other than a
locomotive or tractor used solely for agricultural purposes”, deleted by the
Provincial Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978). 15
Re-numbered ibid.
[13] Added by the Provincial
Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978).
[14] Substituted, for the
words “as a paid employee and every application for a licence to drive a
transport vehicle”, by the Provincial Motor Vehicles ( Amendment) Ordinance,
1978 (VIII of 1978).
[15] Substituted ibid., for the words “a Class I Officer
of Government”.
[16] Added by the Provincial
Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978).
[17] The words “in the case of
a licence to drive as a paid employee or to drive a transport vehicle”, deleted
ibid.
[18] Substituted, for the
full-stop, by the Provincial Motor Vehicles (Amendment) Ordinance, 1978 (VIII
of 1978).
[19] Added by the Provincial
Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978).
[20] Substituted, for
“Central”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975). 24 Ibid.
[21] Ibid.
[22] Inserted by the
Provincial Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978).
[23] Substituted, for the
words “public place or in any other place for the purpose of carrying
passengers or goods”, by the Provincial Motor Vehicles ( Amendment) Ordinance,
1978 (VIII of 1978).
[24] Substituted for the word
“division” by the Provincial Motor Vehicles (Second Amendment) Ordinance, 2001
(XXXI of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I
of 1999), as amended, read with Article 270AA of the Constitution of the
Islamic Republic of Pakistan, 1973 , it shall not be subject to any limitation
as to duration prescribed in the Constitution.
[25]
Substituted for sub-sections (3) and (4), by the Provincial Motor Vehicles
(Amendment) Ordinance, 1981 (XXXVI of 1981). Sub-section (3) was again
substituted by the Provincial Motor Vehicles (Second Amendment) Ordinance 1999
(XXXVIII of 1999). Under Article 5A of the Provisional Constitution Order 1999
(I of 1999), as amended, read with Article 270AA of the Constitution of the
Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation
as to duration prescribed in the Constitution.
[26] Substituted for the word
“fee” by the Provincial Motor Vehicles (Second Amendment) Ordinance 1999 (XXXVIII
of 1999). Under Article 5A of the Provisional Constitution Order 1999 (I of
1999), as amended, read with Article 270AA of the Constitution of the Islamic
Republic of Pakistan, 1973 , it shall not be subject to any limitation as to
duration prescribed in the Constitution.
[27] Substituted by the
Provincial Motor Vehicles (Amendment) Act 2009 (XVI of 2009). This Act was
originally promulgated as Ordinance XXV of 2007; was given permanent life by
PCO I of 2007; however, consequent upon the judgment of the Supreme Court of
Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was
enacted as Act XVI of 2009. 32
Inserted ibid.
[28] Substituted by the
Provincial Motor Vehicles (Amendment) Act 2009 (XVI of 2009). This Act was
originally promulgated as Ordinance XXV of
[29] ; was given permanent
life by PCO I of 2007; however, consequent upon the judgment of the Supreme
Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;
and was enacted as Act XVI of 2009.
[30] Section 30 “Assignment of
fresh registration mark on removal to another Province” omitted ibid.
[31] Added by the Provincial
Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978).
[32] Now “Punjab”, see the Punjab Laws (Adaptation) Order,
1974 (Pb. A.O. 1 of 1974).
[33] West Pakistan XXXII of
1958.
[34] Substituted, for the
words “prescribed authority”, by the West Pakistan Motor Vehicles (Amendment)
Ordinance, 1970 (IX of 1970).
[35] Substituted ibid., for the full-stop.
[36] Added by the West
Pakistan Motor Vehicles (Amendment) Ordinance, 1970 (IX of 1970).
[37] The words “issuing
authority or other”, deleted ibid.
[38] Substituted, for
“Central”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975). 43 Ibid.
[40] Substituted by the West
Pakistan Motor Vehicles (Amendment) Ordinance, 1965 (XXXIX of 1965).
[41] Added by the West
Pakistan Motor Vehicles (Amendment) Ordinance, 1970 (IX of 1970).
[42] Substituted, for
“Central”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975). 49
Substituted by the Provincial Motor Vehicles (Amendment) Act 2012 (LV of 2012)
[43] Added by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1971 (XXII of 1971).
[44] Now “Punjab”, see the Punjab Laws (Adaptation) Order,
1974 (Pb. A.O. 1 of 1974).
[45] Inserted by the
Provincial Motor Vehicles (Amendment) Act 2005 (VI of 2005).
[46] Substituted, for the
words “number of [Government officers]”, by the Provincial Motor Vehicles
(Amendment) Ordinance, 1999 (XLVI of 1999).
Under Article 5A of the Provisional Constitution Order 1999 (I
of 1999), as amended, read with Article 270AA of the Constitution of the
Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation
as to duration prescribed in the Constitution. The words “Government Officers”
had earlier been substituted for the words “officials and non-officials” by the
West Pakistan Motor Vehicles (Amendment) Ordinance 1970 (IX of 1970).
[48] Substituted by the West
Pakistan Motor Vehicles (Amendment) Ordinance, 1970 (IX of 1970).
[49] The words “or the area
within which” deleted by the West Pakistan Motor Vehicles (Punjab Amendment)
Ordinance, 1970 (IX of 1970).
[50] Added by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1972 (XII of 1972).
[51] Added by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1970 (IX of 1970).
[52] Inserted by the
Provincial Motor Vehicles (Amendment) Act 2005 (VI of 2005).
[53] Substituted first by the
West Pakistan Motor Vehicles (Amendment) Ordinance, 1970 (IX of 1970) and then
by the Provincial Motor Vehicles ( Amendment) Act 2005 (VI of 2005).
[54] Substituted by the West
Pakistan Motor Vehicles (Amendment) Ordinance, 1970 (IX of 1970). 64
Substituted by the Provincial Motor Vehicles (Amendment) Act, 2011 (I of 2011)
[55] The words “or in
specified areas”, deleted by the West Pakistan Motor Vehicles (Punjab
Amendment) Ordinance, 1970 (IX of 1970).
[56] Section 51 re-numbered as
“51(1)” by the West Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1972
(XII of 1972).
[57] Added by the West
Pakistan Motor Vehicles (Amendment) Ordinance, 1970 (IX of 1970).
[59] Added by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1972 (XII of 1972).
[60] Section 53, re-numbered
as “53(1)” by the West Pakistan Motor Vehicles (Amendment) Ordinance, 1970 (IX
of 1970).
[61] Substituted by the
Provincial Motor Vehicles (Amendment) Act, 2011 (I of 2011).
[62] Section 54, re-numbered
as “54(1)” ibid.
[63] Added by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1972 (XII of 1972).
[64] Substituted by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1972 (XII of 1972), for
the full-stop.
[65] Added by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1972 (XII of 1972).
[66] Sub-section (1)
substituted by the West Pakistan Motor Vehicles (Amendment) Ordinance, 1970 (IX
of 1970).
[67] Deleted ibid.
[68] Ibid.
[69] Ibid.
[70] Ibid.
[71]
Ibid.
[72] Substituted ibid.
[73] The words “without
renewal”, omitted by the Provincial Motor Vehicles (Amendment) Act 2005 (VI of
2005).
[74] Inserted by the
Provincial Motor Vehicles (Amendment) Act 2005 (VI of 2005).
[75] Substituted ibid., for the word “bus”.
[76] Substituted by the
Provincial Motor Vehicles (Amendment) Act 2005 (VI of 2005), for the
“full-stop”. 88 Inserted ibid.
[77] Inserted by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1972 (XII of 1972).
[78] Substituted for the
“colon” by the Provincial Motor Vehicles (Amendment) Act 2005 (VI of 2005).
[79] Inserted by the
Provincial Motor Vehicles (Amendment) Act 2005 (VI of 2005).
[80] Ibid.
[81] Inserted by the
Provincial Motor Vehicles (Amendment) Act 2005 (VI of 2005).
[82] Substituted by the West
Pakistan Motor Vehicles (Amendment) Ordinance, 1970 (IX of 1970).
[83] Inserted by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1972 (XII of 1972).
[85] Substituted by the
Provincial Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978).
[86] Substituted by the
Provincial Motor Vehicles (Amendment) Act, 2011 (I of 2011).
[88] Inserted by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1970 (IX of 1970).
[89] Added ibid.
[91] Added by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1970 (IX of 1970). 107 Inserted ibid.
[93] Substituted by the
Provincial Motor Vehicles (Amendment) Act 2011 (I of 2011).
[94] Ibid.
[95] Added by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1972 (XII of 1972).
[96] Added by the West
Pakistan Motor Vehicles (Amendment) Ordinance, 1970 (IX of 1970).
[97] Inserted by the West
Pakistan Motor Vehicles (Amendment) Ordinance, 1970 (IX of 1970).
[98] The word “and” deleted by
the West Pakistan Motor Vehicles (Amendment) Ordinance, 1970 (IX of 1970).
[99] Clause (xxxi) re-numbered as clause (xxxiv) and clauses (xxxi) to (xxxiii) added ibid., clause (xxxi) so added was later substituted by the West Pakistan Motor
Vehicles (Punjab Amendment) Ordinance, 1970 (IX of 1970).
[100]
Clause (xxxi) was re-numbered as
clause (xxxiv) by the West Pakistan
Motor Vehicles (Punjab Amendment) Ordinance, 1970 (IX of 1970). 118 Added by the Provincial
Motor Vehicles (Amendment) Ordinance, 1999 (XLVI of 1999), and omitted by the
Provincial Motor Vehicles ( Amendment) Act 2005 (VI of 2005).
[101] Substituted by the West
Pakistan Motor Vehicles (Punjab Amendment) Act, 1973 (III of 1973), for “Road
Transport Corporation”. 120
Ibid.
[102] Ibid.
[103] Substituted ibid., for “Corporation”.
[104] Substituted ibid., for “Road Transport Corporation”.
[105] Substituted by the West
Pakistan Motor Vehicles (Punjab Amendment) Act, 1975 (XXIII of 1975).
[106] Substituted by the West
Pakistan Motor Vehicles (Punjab Amendment) Act, 1973 (III of 1973).
[107] The words “Chairman or”
deleted ibid.
[108] Substituted by the West
Pakistan Motor Vehicles (Punjab Amendment) Act, 1973 (III of 1973), for the
words “the Chairman or any”.
[109] Substituted ibid., for the words “the Chairman or
each”.
[110] Substituted ibid., for the word “shall”.
[111] Substituted ibid., for the word “and”.
[112] The words “Chairman or”
deleted ibid.
[113] Substituted, for
“Central”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[114] Substituted by the West
Pakistan Motor Vehicles (Punjab Amendment) Act, 1973 (III of 1973), for “Corporation”.
134 Ibid.
[115] Added by the West
Pakistan Motor Vehicles (Punjab Amendment) Act, 1973 (III of 1973).
[116] Inserted by the
Provincial Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978).
[117] Inserted by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1970 (IX of 1970).
[118] Substituted by the West
Pakistan Motor Vehicles (Punjab Amendment) Act, 1973 (III of 1973), for
“Corporation”. 139 Ibid.
[119] Re-numbered by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1970 (IX of 1970).
[120] Substituted by the West
Pakistan Motor Vehicles (Punjab Amendment) Act, 1973 (III of 1973), for
“Corporation”. 142
Re-numbered by the West Pakistan Motor Vehicles (Punjab Amendment) Ordinance,
1970 (IX of 1970).
[121] Substituted by the West
Pakistan Motor Vehicles (Punjab Amendment) Act, 1973 (III of 1973), for
“Corporation”.
[122] Added by the Provincial
Motor Vehicles (Amendment) Act, 1988 (Federal Act V of 1988).
[123] Substituted by the West
Pakistan Motor Vehicles (Punjab Amendment) Act, 1973 (III of 1973), for
“Corporation”. 146 Ibid.
[124] Ibid.
[125] Ibid.
[127] Ibid., for “Road Transport Corporation”.
[129] Chapter V-A inserted by
the Provincial Motor Vehicles (Amendment) Act, 2009 (I of 2009).
[130] V of 1938.
[131]
Substituted by the Provincial Motor Vehicles (Amendment) Ordinance, 1979 (XXIV
of 1979), for “Part A”. 157
Ibid.
[132] Added by the Provincial
Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978).
[133]
Inserted by the Provincial Motor Vehicles (Amendment) Act 2009 (XV of 2009).
This Act was originally promulgated as Ordinance XVII of 2007; was given
permanent life by PCO I of 2007; however, consequent upon the judgment of the
Supreme Court of Pakistan dated 31 July 2009, this Ordinance was laid in the
Assembly; and was enacted as Act XV of 2009.
[134] Inserted by the
Provincial Motor Vehicles (Amendment) Act 2009 (XV of 2009). This Act was
originally promulgated as Ordinance XVII of 2007; was given permanent life by
PCO I of 2007; however, consequent upon the judgment of the Supreme Court of
Pakistan dated 31 July 2009,
[135] Inserted by the
Provincial Motor Vehicles (Amendment) Act 2009 (XV of 2009). This Act was
originally promulgated as Ordinance XVII of
[136] ; was given permanent
life by PCO I of 2007; however, consequent upon the judgment of the Supreme
Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;
and was enacted as Act XV of 2009.
[137] Added by the West
Pakistan Motor Vehicles (Punjab Amendment) Ordinance, 1970 (IX of 1970).
[138] Substituted by the
Provincial Motor Vehicles (Amendment) Act 2009 (XV of 2009). This Act was
originally promulgated as Ordinance XVII of
[139]
; was given permanent life by PCO I of 2007; however, consequent upon the
judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance
was laid in the Assembly; and was enacted as Act XV of 2009.
[140] Inserted by the
Provincial Motor Vehicles (Amendment) Act 2006 (II of 2006).
[141] Inserted by the
Provincial Motor Vehicles (Amendment) Act 2009 (XV of 2009). This Act was
originally promulgated as Ordinance XVII of 2007; was given permanent life by
PCO I of 2007; however, consequent upon the judgment of the Supreme Court of
Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was
enacted as Act XV of 2009. 169
Ibid.
[142] Inserted by the
Provincial Motor Vehicles (Amendment) Act 2009 (XV of 2009). This Act was
originally promulgated as Ordinance XVII of
[143] ; was given permanent
life by PCO I of 2007; however, consequent upon the judgment of the Supreme
Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;
and was enacted as Act XV of 2009.
[144] Added by the Provincial
Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978).
[145] Substituted by the
Provincial Motor Vehicles (Amendment) Act 2009 (XV of 2009). This Act was
originally promulgated as Ordinance XVII of
[146] ; was given permanent
life by PCO I of 2007; however, consequent upon the judgment of the Supreme
Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;
and was enacted as Act XV of 2009. 173 Ibid.
[147] Inserted by the
Provincial Motor Vehicles (Amendment) Act 2009 (XV of 2009). This Act was
originally promulgated as Ordinance XVII of 2007; was given permanent life by
PCO I of 2007; however, consequent upon the judgment of the Supreme Court of
Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly; and was
enacted as Act XV of 2009.
[149] Ibid.
[150] Ibid.
[151] XLV of 1860.
[152] Inserted by the
Provincial Motor Vehicles (Amendment) Act 2009 (XV of 2009). This Act was
originally promulgated as Ordinance XVII of
[153] ; was given permanent
life by PCO I of 2007; however, consequent upon the judgment of the Supreme
Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;
and was enacted as Act XV of 2009.
[155] Added by the West
Pakistan Motor Vehicles (Amendment) Ordinance, 1969 (XXII of 1969), and
substituted by the Provincial Motor Vehicles
(Amendment) Ordinance, 2001 (XIX of 2001). Under Article 5A of
the Provisional Constitution Order 1999 (I of 1999), as amended, read with
Article 270 AA of the Constitution of the Islamic Republic of Pakistan, 1973,
it shall not be subject to any limitation as to duration prescribed in the
Constitution.
[156] Substituted by the
Provincial Motor Vehicles (Amendment) Act 2009 (XV of 2009). This Act was
originally promulgated as Ordinance XVII of
[157]
; was given permanent life by PCO I of 2007; however, consequent upon the
judgment of the Supreme Court of Pakistan dated 31 July 2009, this Ordinance
was laid in the Assembly; and was enacted as Act XV of 2009. 185 Ibid.
[158] Substituted by the
Provincial Motor Vehicles (Amendment) Act 2009 (XV of 2009). This Act was
originally promulgated as Ordinance XVII of
[159] ; was given permanent
life by PCO I of 2007; however, consequent upon the judgment of the Supreme
Court of Pakistan dated 31 July 2009, this Ordinance was laid in the Assembly;
and was enacted as Act XV of 2009. 187 Ibid.
[160]
The words and figure “or section 100” omitted by the Provincial Motor Vehicles
(Amendment) Ordinance 1983 (Federal Ordinance XL of 1983).
[161]
Substituted by the West Pakistan Motor Vehicles (Amendment) Ordinance, 1970 (IX
of 1970), for “[Thirteenth]”. The word in crotchets was earlier substituted by
West Pakistan Motor Vehicles (Amendment) Ordinance, 1969 (XXII of 1969), for
“Twelfth”. *( Strike out whichever
inapplicable ).
[162] Added by the Provincial
Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978).
[163]
Substituted by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975), for
“West Pakistan”.
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[165] Substituted, for “West
Pakistan”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[166] Substituted, for “West
Pakistan”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975).
[167] Added by the West
Pakistan Motor Vehicles (Amendment) Ordinance, 1969 (XXII of 1969) and
substituted by the Provincial Motor Vehicles(Amendment)
Ordinance, 2001 (XIX of 2001). Under Article 5A of the Provisional Constitution
Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution
of the Islamic Republic of Pakistan, 1973, it shall not be subject to any
limitation as to duration prescribed in the Constitution.
[168] Deleted ibid.
[171] Substituted by the
Provincial Motor Vehicles (Amendment) Ordinance, 1978 (VIII of 1978).
[172]
Substituted by the Provincial Motor Vehicles (Amendment) Ordinance, 1979 (XXIV
of 1979). However, the previous Ninth Schedule remained in force for a period
of three years from the commencement of the amending Ordinance i.e. 22nd April
1979.
[173] Substituted by the
Provincial Motor Vehicles (Amendment) Act, 2011(I of 2011).
[174] Substituted for the word
“[Thirteenth]” by the Provincial Motor Vehicles (Amendment) Ordinance, 1978
(VIII of 1978). The word in crotchets was earlier substituted, for “Twelfth” by
the West Pakistan Motor Vehicles (Amendment) Ordinance, 1969 (XXII of 1969).
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