MoRTH, on January 22, 2024, issued an advisory clarifying that 'motor cycles' would fall within the ambit of the definition of 'contract carriage' under Section 2 (7) of the Motor Vehicles Act, 1988 ("MV Act") and advised all States and Union Territories to process applications for granting contract carriage permits to motor cycles as per the provisions of MV Act and rules framed under the MV Act.
As per the advisory, MoRTH analysed the definition of 'contract carriage' and stated that it clearly includes 'motor vehicles' as defined under the MV Act. Section 2 (28) of the MV Act defines 'motor vehicles' includes vehicles having less than 4 (four) wheels with engine capacity more than 25 cc (twenty-five cubic centimetres) and therefore contract carriage would include all 2 (two) wheelers which have more engine capacity higher than 25 cc (twenty-five cubic centimetres).
By way of this clarification, MoRTH sought to make it clear to the respective transport departments of the State Governments and Union Territories that the correct interpretation of the definition of contract carriage read with definition of motor vehicles would mean that motor cycles having engine capacity higher than 25 cc (twenty-five cubic centimetres) can be issued a permit of contract carriage and that there should be no delay in issuing motor cycles with permits for contract carriage.
This clarification was necessary as the transport authorities of the States and Union Territories had been taking a misconstrued view that motor cycles cannot be granted a permit for contract carriage under the MV Act.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
