Section 66: Necessity for permits
Motor Vehicles Act • Official Statutory Text & Practice Guide
Motor Vehicles Act • Official Statutory Text & Practice Guide
(1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used:
(2) The holder of a goods carriage permit may use the vehicle, for drawing of any trailer or semi-trailer not owned by him, subject to such conditions as may be prescribed
(3) The provisions of sub-section (1) shall not apply
(a) to any transport vehicle owned by the Central Government or a State Government and used for Government 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 cleansing, road watering or conservancy purposes;
(c) to any transport vehicle used solely for police, fire brigade or ambulance purposes;
(d) to any transport vehicle used solely for the conveyance of corpses and the mourners accompanying the corpses;
(e) to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety;
(f) to any transport vehicle used for any other public purpose as may be prescribed by the State Government in this behalf;
(g) to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such conditions as the Central Government may, by notification in the Official Gazette, specify in this behalf; [* * *]
(i) to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms;
(j) subject to such conditions as the Central Government may, by notification in the Official Gazette, specify, to any transport vehicle purchased in one State and proceeding to a place, situated in that State or in any other State, without carrying any passenger or goods;
(k) to any transport vehicle which has been temporarily registered under section 43 while proceeding empty to any place for the purpose of registration of the vehicle; [* * *]
(m) to any transport vehicle which, owing to flood, earthquake or any other natural calamity, obstruction on road, or unforeseen circumstances, is required to be diverted through any other route, whether within or outside the State, with a view to enabling it to reach its destination;
(n) to any transport vehicle used for such purposes as the Central or State Government may, by order, specify;
(o) to any transport vehicle which is subject to a hire-purchase, lease or hypothecation agreement and which owing to the default of the owner has been taken possession of by or on behalf of, the person with whom the owner has entered into such agreement, to enable such motor vehicle to reach its destination; or
(p) to any transport vehicle while proceeding empty to any place for purpose of repair. [(q) to any transport vehicle having been issued a licence under a scheme, under sub-section (3) of section 67 or sub-section (1) of section 88A, or plying under such orders as may be issued by the Central Government or by the State Government.]
(4) Subject to the provisions of sub-section (3), sub-section (1) shall, if the State Government by rule made under section 96 so prescribes, apply to any motor vehicle adapted to carry more than nine persons excluding the driver. [66A. National Transportation Policy. - The Central Government may develop a National Transportation Policy consistent with the objects of this Act in concurrence with the State Governments and other agencies with a view to -
(i) establish a planning framework for passengers and goods transportation within which transport bodies are to operate;
(ii) establish a medium and long term planning framework for all forms of road transport, identify areas for the development of transport improvement infrastructure across India in consultation with the authorities and agencies related to ports, railways and aviation as well as with local and State level planning, land holding and regulatory authorities for the delivery of an integrated multimodal transport system;
(iii) establish the framework of grant of permits and schemes;
(iv) establish strategic policy for transport by road and its role as a link to other means of transport;
(v) identify strategic policies and specify priorities for the transport system that address current and future challenges;
(vi) provide medium to long term strategic directions, priorities and actions;
(vii) promote competition, innovation, increase in capacity, seamless mobility and greater efficiency in transport of goods or livestock or passengers, and economical use of resources;
(viii) safeguard the interest of the public and promote equity, while seeking to enhance private participation and public-private partnership in the transport sector;
(ix) demonstrate an integrated approach to transport and land use planning;
(x) identify the challenges that the National Transportation Policy seeks to address; and
(xi) address any other matter deemed relevant by the Central Government.] [66B. No bar against permit holders to apply and hold licences under schemes. - No person who holds the permit issued under this Act shall -
(a) be disqualified from applying for a licence under the scheme made under sub-section (3) of section 67 or sub-section (1) of section 88A by reason of holding such permit; and
(b) be required to get such permit cancelled on being issued a licence under any scheme made under this Act.]
Legal Commentary & Landmark Judgments: Section 66
Section 66 of the Motor Vehicles Act, 1988 prohibits the operation of any transport vehicle in a public place without a valid permit issued by the competent State or Regional Transport Authority.
Sub-section (3) provides specific statutory exemptions from permit requirements, including vehicles owned by Central or State Governments for non-commercial purposes, local authorities, ambulances, fire tenders, police vehicles, and goods vehicles whose gross vehicle weight does not exceed 3,000 kilograms. Operating a commercial vehicle without a permit or outside permitted route conditions constitutes a grave statutory violation.
Under Amrit Paul Singh, the complete absence of a permit or operating on a totally unauthorized route operates as a fundamental policy breach. Transport operators cannot avoid liability by asserting minor route deviations; however, where a vehicle plies without any permit whatsoever, the Claims Tribunal will unfailingly apply the pay-and-recover formula, leaving the commercial owner personally exposed to asset attachment.