Chapter-6 Transport management

Chapter-6 Transport management

Chapter-6 Transport management
74. Designation of route: The Department shall, whenever deemed necessary,  for the operation of the transport service by public motor vehicles, designate routes and publish a public notice thereof for the information of the general public.

75. Prohibition on operating transport service without obtaining route permit: No public motor vehicle shall operate the transport service on the routes designated pursuant to Section 74 without obtaining the route permit.

76. Application for route permit: If it is necessary for any public motor vehicle to use any route for the operation of transport service, the manager or owner of the motor vehicle shall make an application, in the prescribed format, and accompanied by the prescribed fees, to the competent authority for a route permit.

77. Issuance of route permit:

(1) If an application is made for a route permit pursuant to Section 76, the competent authority shall, subject to the provision of Section 78, issue the route permit in the format referred to in Schedule-7 to use a public motor vehicle on such a route.
(2) The route permit issued pursuant to Sub-section (1) shall remain valid until four months from the date of its issue.

78. Matters to be examined for issuance of route permit: In issuing a route permit to any public motor vehicle pursuant to Section 77, the competent authority shall examine whether the following matters have been satisfied by
the owner or manager of such a public motor vehicle, ? and shall issue the route permit to such a public motor vehicle only if such matters have been satisfied:
(a) Insurance coverage of the driver, conductor, security personnel and other employees engaged in the motor vehicle and third party insurance,
(b) Road test of the motor vehicle, and
(c) Renewal of the registration certificate.

79. In the event of need to change route:

(1) If it is necessary to use a public motor vehicle specified on a route permit on another route prior to the
expiration of the period specified in the route permit, the owner or manager of the motor vehicle shall have to make an application again for the route permit and obtain such a permit pursuant to Section 76.
(2) Upon receipt of an application pursuant to Sub-section (1), the competent authority shall revoke the earlier route permit issued for such a public motor vehicle and issue a new route permit.

80. Power to issue multiple route permit:

(1) Notwithstanding anything contained elsewhere in this Act, the competent authority may, without
affecting the operation of transport service by a public motor vehicle on a route, so issue a route permit authorizing the use of that public motor vehicle also on those routes which are contiguous to that route.
(2) In issuing a multiple route permit authorizing the operation of the transport service on more than one route pursuant to Sub-section (1), the owner or manager of the public motor vehicle shall have to pay the routes
fees chargeable for each of such routes.

81. Ad hoc route permit:

(1) If, for some special reason, it is necessary to ply any public motor vehicle on a route other than that mentioned in the route permit, the owner or manager of such public motor vehicle shall make an application, in the prescribed format, accompanied by the prescribed fees, to the competent authority for an ad hoc route permit.
(2) Upon receipt of an application, the competent authority shall hold necessary inquiry into the matter; and, upon such inquiry, if the competent authority finds the information accompanied with the application to be
correct, the competent authority may issue an ad hoc route permit for a period not exceeding seven days.

82. Power to refuse to grant route permit:

(1) Notwithstanding anything contained elsewhere in this Act, if the competent authority is of the opinion
that no further issuance of a route permit for the operation of another public motor vehicle on a particular route is desirable in view of the pressure of the flow of passengers and the number of public motor vehicles already plying
on that route to operate such transport service or that, in view of pollution or any other reason, any further issuance of route permit for any public motor  vehicle would be prejudicial to public interest, the authority may, in
consultation with the management committee, ⊗ refuse to issue a route permit.
(2) Bearing in mind the safety of public motor vehicles operating the transport service on a medium route and a long route and of the passengers traveling by such vehicles as well as the employees working therein, the
standards of the public motor vehicles providing the transport service on  such routes shall be as prescribed. The competent authority may refuse to issue a route permit to any public motor vehicle which does not meet the
prescribed standards to operate the transport service on such routes.

83. Renewal of route permit:

(1) A route permit shall have to be renewed within fifteen days ? from the date of expiration of the period mentioned in the route permit pursuant to Sub-section (2) of Section 77.
(2) The owner or manager of a motor vehicle or the person assigned by any of them shall, for the purpose of obtaining the renewal of the route permit, submit an application, in the prescribed format, accompanied by the
prescribed fees, to the competent authority.
(3) Where an application for renewal is made pursuant to Sub-section (2), the competent authority shall renew such a route permit for another four months.
(4) If a route permit is submitted for renewal after the expiration of the period as referred to in Sub-section (1), such a route permit shall be renewed within one month of the expiration of that period, upon payment of
one hundred percent additional fees, in addition to the renewal fees, by the owner of the motor vehicle.

84. Ipso facto revocation of route permit:

(1) A route permit which is not renewed even until the period specified in Sub-section (4) of Section 83 shall
ipso facto be revoked.
(2) A route permit which is revoked pursuant to Sub-section (1) shall be obliterated from the register.
(3) No route permit which has already been obliterated from the register pursuant to Sub-section (2) shall be renewed.

85. Power to re-issuance route permit: If a request for a route permit is received in respect of any public motor vehicle, whose route permit has been revoked and obliterated from the register pursuant to Section 84, another
route permit shall be issued for the operation of such a motor vehicle pursuant to Section 77, by collecting the renewal fees and additional fees required to be collected pursuant to Section 83 from the owner or manager of
such a motor vehicle and realizing a fine of upto two thousand rupees from him or her.

86. Power to suspend route permit:

(1) If any public motor vehicle which has obtained a route permit pursuant to this Act is not capable of being plied for  a period of four months or more because of being out of order due to an accident or otherwise, the owner of that motor vehicle shall have to make an application setting out that matter, accompanied by the route permit, to the
competent authority for the suspension of such a route permit.
(2) Upon receipt of an application as referred to in Sub-section (1), the competent authority may, if he or she deems appropriate after making necessary enquiry into the matter, suspend the route permit of such a public
motor vehicle for the period during which such a motor vehicle cannot be plied.
(2A) ⊗ If the public motor vehicles are not operated on the routes specified in the route permits, thereby obstructing the transport service in a manner to cause adverse impacts on the public life, the Government of Nepal
may suspend the route permits of such motor vehicles for a period not exceeding one month.
(3) The renewal fees for the period of suspension of route permit pursuant to Sub-section (2) shall be remitted.

87. Power to revoke route permit: If any public motor vehicle which has obtained a route permit pursuant to this Act is destroyed or becomes so out of order as not being capable of plying, the owner or manager of such a
motor vehicle shall have to make an application, accompanied by an evidence thereof, to the competent authority for the revocation of the validity of route permit.

88. Issuance of duplicate copy of route permit:

(1) If a route permit is lost or illegible because of being torn or defaced or is destroyed in any other
manner, the owner or manager of motor vehicle shall have to make an application, in the prescribed format, accompanied by the prescribed fees, to the competent authority for a duplicate copy of the route permit, no later than seven days after the date of such loss, illegibility or destroy.
(2) If the contents are found correct upon necessary examination made in relation to the application made pursuant to Sub-section (1), the competent authority shall have to issue a duplicate copy of the route permit to the
applicant.
(3) The competent authority shall give information of the issuance of  a duplicate copy of the route permit pursuant to Sub-section (2) to the concerned police office.

89. Requirement of road test:

(1) In order to obtain a route permit for any public motor vehicle, such a motor vehicle shall have to undergo a road test pursuant to this Act.
(2) No route permit shall be issued for a public motor vehicle unless and until the vehicle undergoes the road test pursuant to Sub-section (1).

90. Application for road test: The owner or manager of a public motor vehiclewho intends to obtain the road test of the vehicle shall have to make an application, in the prescribed format, accompanied by the prescribed fees, to
the competent authority for the road test.

91. Road test certificate to be issued:

(1) If an application is made pursuant to Section 90, the competent authority shall cause to conduct the test of such a
public motor vehicle and shall issue the certificate of road test in the prescribed format if the mechanical condition and features of such a motor vehicle is found to be in order.
(2) The validity of the certificate of road test to be issued pursuant to Sub-section (1) shall be for upto six months.

92. Repetition of road test:

(1) An application has to be made to the competent authority for re-road test no later than seven days of the expiration of the period set forth in Sub-section (2) of Section 91, and such road test has to be
obtained.
(2) In the event of the failure to obtain the re-road test within the period set forth in Sub-section (1), and a request for re-road test of such a motor vehicle is made within thirty five days of the expiration of that period,
the re-road test of such a motor vehicle shall be made by collecting cent percent additional fees, in addition to the fees chargeable for the road test.
(3) In the event of the failure to obtain the re-road test even within the period set forth in Sub-section (2), the certificate of such road test shall ipso facto be revoked. If the public motor vehicle of which the certificate of road
test has been so revoked is produced for re-road test, such a motor vehicle shall be tested again and the certificate of road test issued, by realizing a fine of upto Five Thousand Rupees, in addition to the fees referred to in Sub-
section (2), from the manager or owner of that motor vehicle.

93. Listing the name of transport service:

(1) No owner or manager of a public motor vehicle shall use such a motor vehicle in the operation of
transport service without listing the name of transport service with the Department.
(2) The owner or manager of a motor vehicle who intends to list the  name of transport service with the Department shall submit an application, in the prescribed format, accompanied by the prescribed fees, to the
Department for the listing of such a service.
(3) If the Department thinks it appropriate to list the name of such transport service, upon making necessary inquiry into the application made pursuant to Sub-section (2), it shall issue a license, in the format as referred
to in Schedule-8, to the applicant to operate the transport service in that name. If the owner or manager of motor vehicle who has obtained the license to so operate the transport service intends to close down the operation of
such transport service, he or she shall have to obtain prior approval of the Department.
(4) The license issued pursuant to Sub-section (3) shall remain valid for upto five years from the date of its issue.
(5) The provisions relating to the appointment, conditions of service and facilities of the employees serving in the transport service listed pursuant to this Section shall be as prescribed.

94. Renewal of license to operate transport service:

(1) The license issued for the operation of the transport service has to be renewed within three months
from the date of expiration of the period mentioned in Sub-section (4) of Section 93.
(2) The owner or manager of a motor vehicle or a person assigned by them shall have to make an application, in the prescribed format,  accompanied by the prescribed fees, to the Department for the renewal of
license pursuant to Sub-section (1).
(3) If an application is made for renewal pursuant to Sub-section (2), the Department shall renew such license for another five years.
(4) If an application if made for the renewal of license after the expiration of the period as referred to in Sub-section (1), such a license shall be renewed within one month of the expiration of that period, upon payment
of one hundred percent additional fees, in addition to the renewal fees, by the owner or manager of the motor vehicle.

95. Ipso facto revocation of license to operate transport service:

(1) If a license to operate the transport service is not renewed even until the period specified in Sub-section (4) of Section 94, the license shall ipso facto be revoked.
(2) A license that is revoked pursuant to Sub-section (1) shall be obliterated from the register.
(3) No license that has already been obliterated from the register pursuant to Sub-section (2) shall be renewed.

96. Determination of the rate of fares:

(1) The rate of fares to be collected by a passenger and cargo public motor vehicle operating the transport service on
any route shall be as prescribed.
(2) The maximum weight of accompanied personal luggage of a passenger permitted to be carried free of charge and the maximum weight of additional accompanied personal luggage allowed on payment of fares and
the rate of such fares shall be as prescribed.
(3) No one shall collect fares in excess of the rate of fares determined pursuant to this Section.

97. Prohibition on selling passenger tickets by person without displaying identity card: Any person who is engaged in selling passenger tickets of a public motor vehicle shall not sell passenger tickets in the name of a listed
transport service operating such a public motor vehicle without displaying the identity card of employee of such transport service.

98. Form of passenger ticket:

(1) The form of a passenger ticket of a public motor vehicle shall be as prescribed
(2) A person who sells a passenger ticket pursuant to Sub-section (1) shall affix the seal of the concerned transport service on the ticket.

99. Bills with particulars of goods to be given while carrying goods: In carrying any kinds of goods by a cargo public motor vehicle, it shall have to give a bill of goods carriage, along with the particulars of such goods, to the
owner of goods. The form of the bill to be so given shall be as prescribed.

100. Preparation of passenger manifesto: The manager or owner of motor vehicle operating the transport service on any such medium or long route as may be prescribed by the Department shall have to prepare a passenger
manifesto clearly setting out the names, ages and addresses of all passengers, drivers, security personnel travelling by and other employees serving in his or her motor vehicle. The manager or owner shall have to retain a copy of the
passenger manifesto so prepared with him or her and submit another copy to the competent authority or a person designated by that authority prior to the departure of the motor vehicle to the destination.

101. To deliver passengers and cargo safely:

(1) After accepting the passengers and cargo, it shall be the duty of the owner or manager of a public motor
vehicle to provide safety to the passengers and the cargo from the place of origin to that of destination and to deliver them safely within the specified time.
Provided that, the time for arriving at the destination shall not be fixed in such a manner as to cause inconvenience to the passengers.
(2) It shall be a mandatory obligation of the driver, conductor, security personnel and other employees of a public motor vehicle to pay attention to the comfort of passengers and provide safety to the cargo loaded in the motor
vehicle even if the motor vehicle cannot proceed forward due to its break- down or any force majeure cause.
(3) Even if it is not possible to proceed the motor vehicle forward because of the circumstance set forth in Sub-section (2), the owner or  manager of the vehicle shall make an arrangement to deliver the passengers upto the point of destination.

102. Prohibition on taking passengers in excess of seats: It is prohibited to take in passengers in any passenger public motor vehicle in excess of the number of seats specified in the registration certificate of that vehicle.

103. Recess of journey: A passenger public motor vehicle covering a distance of more than four hours shall halt for half an hour once in every four hours.

104. Shift change of driver: In the case of a passenger public motor vehicle
operating the transport service on a long route, it shall be the duty of the
owner or manager of vehicle operating the transport service to assign
compulsorily at least two drivers in the vehicle and assign the duty to them to
drive it in the shift of every six hours. ?

105. Prohibition on traveling without ticket: A passenger may not travel without holding in person a ticket purchased by paying the fare specified for his or her destination of travel.

106. Information of route map and time table to be given: (1) The competent authority shall cause to be displayed or affixed, for information, at each bus stop a route map indicating the destinations of departures and the time table
of arrivals and departures from that bus stop.
(2) In the event of any change on the route, the route map or the time table displayed or affixed pursuant to Sub-section (1), the competent authority or the person assigned by that authority shall make arrangement to
give information thereof to the passengers immediately.

107. Reservation of seats: (1) It shall be the duty of the owner or manager of a passenger heavy motor vehicle operating the transport service on a local  route to reserve four seats for the disabled and two seats for female
passengers in that vehicle.
(2) It shall be the duty of the owner or manager of a passenger motor vehicle operating the transport service on a long route to reserve two seats for members of parliament disabled and two seats for female passengers in
that vehicle.
Provided that, such reserved seats shall be retained only until four hours prior to the time of departure of that motor vehicle.
(3) No ticket purchased by a member of parliament pursuant to Sub- section (2) may be transferred to any other passenger.

108. Security personnel may be deployed: If the owner or manager operating the passenger public transport service on a medium or long route requests the Government of Nepal to make available the security personnel in the motor
vehicle for the safety of the motor vehicle and the passengers or if the Government of Nepal deems necessary to post the governmental security  personnel in that motor vehicle, it may provide a requisite number of security
personnel on payment of chargeable costs.

109. Prohibition on improper behaviour: No one shall improperly behave with any passenger, driver, conductor and security personnel.

110. Prohibition on smoking in public motor vehicles: Smoking is prohibited in the public motor vehicles.

111. Prohibition on talking with driver: No one shall talk with the driver of a public motor vehicle while such a motor vehicle is in motion or do, or cause to be done, any act which may impede the driver in driving the motor
vehicle.

112. Surrender of goods found: Any employee deputed in a public motor vehicle for the time being shall have to surrender any goods found in the motor vehicle to the manager or owner of motor vehicle within twenty four
hours thereof. The manager or owner of motor vehicle shall then surrender such goods found in the motor vehicle to the competent authority or the nearest transport entrepreneurs’ union office within twenty four hours after
he or she has received such goods.

113. Prohibition on refusing to take in passengers: No public motor vehicle, other than a public motor vehicle operating on a medium or long route or providing an express transport service, shall refuse to take in any passenger
while vacancy of seat exists in the motor vehicle.

114. Special power of the Government of Nepal: Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may so order the owner or manager of a public motor vehicle as to engage the motor vehicle
in the operation of transport service in any place for any particular period of time.