3. Licensing Authority :- (1) The Licensing Authority shall be the Secretary of the respective Regional Transport Authority.
» The following shall be the Additional Licensing Authorities, namely;
(i) Additional Secretaries of the respective Regional Transport Authorities as specified in the Fourth Schedule to these rules;
(ii) The Principal (in the cadre of Regional Transport Officer and Senior Instructors (in the cadre of Motor Vehicles Inspectors) attached to the Government Driving Schools in the State;
(iii) Executive staff of Transport Department not below the rank of Asst. Motor Vehicles Inspectors in the district and Superintendents in the office Regional Transport Authorities;
(iv) The Deputy Commissioners of Police, the Assistant Commissioners of Police and the Inspectors of Police-in-charge of traffic in the twin-cities of Hyderabad and Secunderabad.
Provided that the Additional Licensing Authorities in items (i), (ii), (iii) and (iv) shall exercise their powers subject to the general control and guidance of the Licensing Authorities concerned.
4. Intimation of Authorisation or Additions :- The licensing authority granting an authorisation or additions to driving Licence shall send intimation to the authority by which the Licence was issued.
5. Rejection of Authorization- Procedure :- If the Licensing Authority intends to reject an application for authorization, it shall inform the reasons thereof in writing and give the applicant an opportunity to submit his reply within 10 days from the date of receipt of the Memo and then dispose of the application duly returning the driving Licence.
6. Lincensing authority may make enquiries :- Upon the receipt of an application for a driving Licence or for an authorization to drive a transport vehicle, the licensing authority may make such enquiries as may reasonably be necessary to establish the identity of the applicant and to ascertain that the applicant is not disqualified or liable to be disqualified for holding a Licence.
7. Conduct of driving test:- The test of competence to drive or the test for the issue of learner's Licence shall be conducted by the licensing authority or by a person authority in that behalf.
8. Presenting for driving test :- The applicant for a driving test shall present himself for the test at such time and place as may be specified by the licensing authority or the person authorized by the licensing authority in that behalf.
Explanation :- The fee paid shall be forfeited to Government if the applicant does not produce serviceable vehicle of the class to which the application refers and does not present himself for the test at such time and place as may be specified by the licensing authority or the person authorized by the licensing authority in that behalf.
9. Appellate Authority :- The authority empowered to hear appeals under sub-section (8) of Section 9 or sub-section (2) of Section 17 and sub-section (3) of Section 19 shall be the Deputy Transport Commissioner concerned.
Provided that the appellate authority against the orders of the Secretary, Regional Transport Authority of the rank of Joint Transport Commissioner or Deputy Transport Commissioner shall be the Transport Commissioner;
Provided further that the appellate authority against the orders passed by officers of Police Department shall be the Transport Commissioner.
10. Appeal against refusal of authorization :- Any person aggrieved by an order of the licensing authority, refusing to grant an authorization to drive a transport vehicle may, within thirty days of the receipt of the order of refusal, appeal to the Deputy Transport Commissioner concerned.
Provided that the appellate authority against the orders of the Secretary, Regional Transport Authority of the rank of Joint Transport Commissioner concerned.
11. Form of appeal:- (1) An appeal under Rule 10 or an appeal under sub-section (8) of Section 9 or under sub-section 92) of Section 17 or sub-section (3) of Section 19 shall be in the form of memorandum in duplicate setting forth concisely the grounds of objection to the order appealed against and shall be accompanied by the original or certified copy of that order together with treasury receipt for rupees twenty five being the fee for appeal.
(2) The Secretary, State Transport Authority, Deputy Transport Commissioner or the Secretary, Regional Transport Authority may in his discretion, give any person interested in an appeal referred to in sub-rule (1) copies of relevant documents connected with the appeal on payment of a fee of two rupees, such payment being made by means of court fee stamps affixed to the applications for such copy of the document.
(3) The appellate authority after giving an opportunity to the parties of being heard setting a time limit of (3) months and after such further enquiries, if any, as it may deem necessary, may confirm, modify or set aside the order appealed against and shall make an order accordingly.
12. Sealing of photograph:- The photograph of the holder when affixed to a Licence shall be sealed or stamped with the seal of the licensing authority in such a manner that part of the impression of the seal or stamp is upon the photograph and part on the margin.
13. Demand for recent photograph:- If, at any time, it appears to a licensing authority that the photograph affixed to the Licence has ceased to be a clear likeness of the holder, the licensing authority may require the holder to appear in person with the driving Licence and two clear copies of a recent photograph of himself and the holder of the driving Licence shall within such period as the lincensing authority may specify comply with the requisition.
14. Duplicate Licence with new photograph:- upon receipt of the copies of the photograph as provided in rule 13, the licensing authority shall return the driving Licence with the new photograph affixed thereto, duly attested after satisfying itself about the likeness of the new photograph to the holder of the Licence within one week.
15. Intimation when Licence lost or destroyed and application for duplicate:- If, at any time, a Licence is lost or destroyed, the holder of such Licence shall forthwith intimate the fact in writing to the licensing authority having jurisdiction over the area in which he has his place of residence at the time in Form LLD setting out the particulars required by that Form.
16. Issue of Duplicate Licence:- Upon receipt of intimation and application specified in Rule 15 the licensing authority shall, if satisfied after making such enquiries as it thinks fit, that a duplicate Licence may properly be issued, issue a duplicate Licence.
17. Photograph for duplicate Licence:- Where a photograph is required to be affixed to a duplicate Licence issued under the provisions of these rules, the holder of the Licence shall furnish the licensing authority with three clear copies of a recent photograph of himself, one of which shall be affixed to the duplicate Licence and the other shall be transmitted by the authority issuing the duplicate Licence to the authority by which the Licence was issued.
18. Fee for duplicate Licence:- The fee for a duplicate Licence issued under Rules 16, shall be rupees fifteen.
19. Delivery of lost Licence:- When a duplicate Licence has been issued upon representation that a Licence has been lost and the original Licence is afterwards found by the holder it shall be delivered to the licensing authority. Any other person finding a driving Licence shall deliver it to the holder of the Licence or to the nearest Police Station.
20. Impounding of defaced or torn Licence and issue of duplicate Licence and its fee:- (i) If at any time, it appears to a licensing authority that Licence held by any person is so torn or defaced in any way as to cease to be reasonably legible or if the Licence is completely written up and there is no space for making fresh endorsements, the licensing authority may impound the Licence and issue a photograph of the holder affixed thereto the holder of the Licence shall, on demand by the licensing authority, furnish three clear copies of a recent photograph of himself, one of which shall be affixed to the duplicate Licence and sealed, and the other shall be recorded by the authority by which the Licence was issued.
(ii) The fee for a duplicate Licence issued under this rule shall be rupees fifteen.
21. Stamping of duplicate Licence:- When a duplicate Licence is issued under these rules, it shall be clearly stamped 'DUPLICATE', in red and shall be marked with the date of issued of duplicate and the seal of the licensing authority.
22. Intimation to issuing authority:- (i) If the licensing authority which issues a duplicate Licence is not the authority by which the Licence was issued it shall intimate the fact to that authority.
(ii) If the licensing authority which affixed a new photograph to a duplicate Licence is not the authority by which the Licence was issued, it shall forward the second copy to that authority for record.
23. Temporary authorization in lieu of Licence:- (1) When the holder of a Licence has submitted the Licence to the licensing authority for renewal or for obtaining an authorization to drive a transport vehicle and has deposited the prescribed fee, or when a police officer or any Court or other competent authority has taken temporary possession of a Licence for any purpose and the Licence has not been suspended, or cancelled, the licensing authority or the police officer or the Court or other competent authority, as the case may be, shall furnish him with a receipt for the Licence and a temporary authorisation to drive in Form L Tem., and the provision of sub-section (3) of Section 206 shall apply as if the Licence had been seized under sub-section (2) of the said section.
Provided that no such temporary authorisation shall be granted if the Licence is renewed and returned or returned with an authorisation to drive a transport vehicle on the date on which the application is received by the licensing authority. During such period as may be specified in the temporary authorisation in Form L Tem., the production thereof on demand shall be deemed to be production of the Licence. No fee shall be payable in respect of such temporary authorisation.
(2) Until the Licence has been returned to the holder he shall not be entitled to drive a motor vehicle (without being in possession of his Licence) beyond the period specified in the temporary authorisation as aforesaid.
Provided that the police officer, Court or competent authority by whom or which the temporary authorisation aforesaid was grated may in his or its discretion by order in writing endorsed thereon, extend the period for which the temporary authorisation is valid.
Provided further that the aggregate period of validity of the temporary authorisation (L. Team) issued pending a decision on the renewal application shall not exceed six months.
24. Issue of duplicate Learner's Licence and its fee:- If, at any time, a learner's Licence is lost or destroyed the holder shall intimate the fact to the licensing authority by which the Licence was granted. On receipt of the intimation, the licensing authority shall proceed as if the learner's Licence was driving Licence.
Provided that the fee for a duplicate Licence shall be rupees fifteen.
25. Intimation of surrender of driving Licence:- A licensing authority keeping a driving Licence under Clause (a) of sub-section (2) of Section 19, shall, if the Licence was issued by another licensing authority intimate the fact to that authority
26. Intimation of endorsement by Court or authority:- The Court or authority making or causing to be made an endorsement upon a driving Licence under Section 24 of the Act shall send intimation in Form LE to the licensing authority by which the Licence was issued and to the licensing authority by which it was last renewed.
27. Intimation of renewal:- A licensing authority renewing a driving Licence under the provisions of sub-section (6) of Section 15 shall intimate the fact to the licensing authority by which the Licence was issued in Form LRAD.
28. Intimation of addition to Licence:- A licensing authority adding another class of motor vehicle to a Licence under Section 15 shall, if it is not the authority by which the Licence was issued, intimate the addition to that authority in Form LRAD.
29. Certificate of automobile associations:- For the purposes of the second proviso to sub-section (3) of Section 9 of the recognized automobile associations shall be those which shall be notified by the Government from time to time.
30. Report of change of permanent address:- (1) The holder of a Licence entitling him to drive a transport vehicle shall, except in the case of a temporary absence not involving a change of residence for a period exceeding three months, report any change of his temporary or permanent address as notified on the Licence at any police station and produce the Licence at the police station in order that the new address may be entered therein.
(2) The officer in charge of the police station at which the Licence is produced shall enter therein the new address and communicate the new address to the licensing authority by which the Licence was issued and to the licensing authority by which it was last renewed.
31. Conduct and duties of drivers of public service vehicles :- The driver of a public service vehicle on duty,-
(i) shall not cause or allow any person, animal or thing to be placed or to be in the space reserved for the driver's seat in accordance with Rule 337 or otherwise in such a way as to impede him in having a clear vision of the road or proper control of the vehicle.
(ii) shall not shout in order to attract a passenger;
(iii) shall, subject to any rules or regulations in force prohibiting the taking up or setting down of passengers at, or except at certain specified places, bring the vehicle rest for a sufficient period of time in safe and convenient position (a) upon the demand or signal of the conductor or of any passenger desiring to alight from the vehicle, and (b) unless there is no room in the vehicle upon the demand or signal of any person desiring to become a passenger.
(iv) shall not, when brining his vehicle to rest for the purpose of picking up or setting down any passenger at or near the place where another public service vehicle is at rest for the same purpose, drive the vehicle so as to endanger, inconvenience or interfere with the driver or the conductor of the other vehicle or any person mounting or preparing to mount thereon or alighting there from, and shall bring his vehicle to rest in from or behind the other vehicle and on the left hand side of the road or place;
(v) shall at all times exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not drive the vehicle when any break, tyre or lamp thereof is in a defective condition likely to endanger any passenger or other person or when there is not sufficient fuel in the vehicle to enable him to reach the next fueling station on the route;
(vi) shall, as far as may be reasonably possible having regard to his duties, be responsible for the observance of the provisions of the Act and of these rules;
(vii) shall not smoke;
(viii) shall behave in a civil and orderly manner;
(ix) shall wear as uniform a closed coat with brass buttons and trousers of white or khaki or navy blue colour and also forge cap of the same colour as head gear.
(x) shall maintain the vehicle in a clean and sanitary condition;
(xi) shall not interfere with persons mounting or preparing to mount upon any other vehicle; and
(xii) shall not loiter or unduly delay upon any journey but shall proceed to his destination as near as may be in accordance with the time table pertaining to the vehicle or where there is no such time - table, with all reasonable dispatch
32. Additional duties of drivers of motor cabs:- No driver of motor cab shall
(i) terminate the hiring of a motor cab before he has been discharged by the hirer;
(ii) demand or extract any fare in excess of that to which he is legally entitled;
(iii) allow any person to be carried in any motor cab in excess of the seating capacity specified in the permit of the vehicle; and
(iv) cover or obscure the face of a taxi meter under any circumstances or at any time.
33. Responsibility of driver of vehicle on which there is no conductor:- The driver of a public service vehicle on which there is no conductor due to certain unavoidable circumstances mentioned in Rule 72 shall be responsible for the observance of the provisions of rule 73 and Clauses (vii) to (xi) of Rule 74.
34. Driver of motor cab to proceed by shortest route:- The driver of a motor cab shall proceed to the destination named by the hirer by the shortest and quickest route.
35. Rules for drivers in respect of motor cab stands:- The drivers at motor cab stands shall observe the following rules:-
(i) the drivers of the first two motor cabs on the stand shall stay beside their cabs and ready to be hired at once by any person provided that a hirer wishing to hire any particular cab on the stand may do so;
(ii) all motor cabs on the stand shall move up as vacancies occur
(iii) no motor cab engaged for some future time shall remain on the stand unless the driver is willing to accept any intermediate hiring that may be offered;
(iv) no disabled motor cab shall remain on the stand unless such disablement is temporary and can be and is remedied at once;
(v) every motor cab other than motor cab referred to in Clause (iv) which is on the stand shall be ready to be hired and when its turn comes the driver shall accept the first offer of hire which may be made to him irrespective of the length of the journey for which such offer is made;
(vi) every driver shall keep his motor cab with front wheels straight at a distance of not less than one foot from the motor cab immediately in front of it and where the stand is by the side of a kerb paralled to and not more than one foot from the kerb; and
(vii) no driver shall keep a flag fitted to the taxi meter down or shall set it in motion, before the motor cab is hired in its turn.
36. Duties of drivers of goods carriages:- The driver of goods carrier while on duty
(i) Shall not cause or allow any person, animal or thing to be placed or to be in the space reserved for the driver's seat in accordance with Rule 337 or otherwise in such a way as to impede him in having a clear vision of the road or proper control of the vehicle.
(ii) shall at all times exercise all reasonable care and diligence to maintain his vehicle in a fit and proper condition and shall not drive the vehicle when any brake, tyre or lamp thereof is in a defective condition likely to endanger any passenger or other person or when there is no sufficient fuel in the vehicle to enable him to reach the next fueling station on the route;
(iii) shall, as far as may be reasonably possible, having regard to his duties, be responsible for the due observance of the provisions of the Act and of these rules;
(iv) shall behave in a civil and orderly manner;
(v) shall not be under the influence of drink or of a drug;
(vi) shall wear as uniform a shirt and trousers or a slack and a knicker made of khaki or navy blue coloured cloth.
(vii) shall not carry more persons in the cabin than the number noted in the registration certificate of the vehicle;
(viii) shall not allow any person to be carried in the vehicle upon the goods or otherwise in such a manner that such a person is in danger of falling from vehicle and in no case shall any person be carried in the vehicle in such a manner that any part of his person when he is in a sitting position is at a height exceeding 3 meters from the surface upon which the vehicle rests;
(ix) shall not carry more than six person excluding himself, unless the permission of the transport authority concerned has been obtained for carriage of more number of persons.
37. Drivers badge :- (1) The driver of a public service vehicle shall while on duty, display on his left breast a metal badge in the form illustrated in the Second Scheduled to these rules issued by and inscribed with the name of the district of the authority by which an authorization to drive a transport vehicle has been granted and the word 'DRIVER' together with an identification number. A badge granted under this rule shall be valid throughout the State.
Provided that this sub-rule shall not apply to a person holding an effective driving Licence authorizing him to drive a motor car and is driving a motor car hired by him for his own use.
(2) A driver of a public service vehicle shall not hold more than one such badge issued by an authority in the State;
(3) A driver's badge which was valid immediately before coming into force of these rules shall be valid for the purpose of these rules;
(4) The driver of a public service vehicle shall, while on duty, in addition to the badge display on his right breast a plate in white plastic size 8 cm. x 2 cm. inscribed with his name in bold black letters of size (0.5 cm.) both in English and Telugu one below the other respectively. The cost of the name plate shall be born by the wearer himself.
38. Fee for issue of badge and issue of new badge in case it is lost or destroyed :- (1) The fee payable for issue of badge under Rule 37, shall be fifty rupees. If at any time the badge is lost or destroyed, its holder shall forthwith give intimation thereof in writing to the licensing authority which issued the badge and may apply for a new badge. Such application shall be accompanied by a fee of fifty rupees;
(2) Upon receipt of the application and the fee therefore the licensing authority shall issue a new badge;
(3) If the badge, which has been lost or destroyed, is subsequently found, it shall be surrendered to the said licensing authority.
39. Surrender of badge :- If at any time, the authorization on a driver's Licence entitling him to drive transport vehicle is suspended or revoked by any authority or by any Court or ceases to be valid by the efflux of time, the driver shall forthwith surrender the badge to the authority by which it was issued.
40. Custody and production of badge :- No driver shall lend or transfer the badge prescribed in these rules to any person. The badge shall be produced for inspection, when demanded by Police Officer or any officer or any Officer of Transport Department not below the rank of an Assistant Motor Vehicles Inspector
41. Person finding badge to surrender :- Any person finding a driver's badge shall unless he returns the same to the person whom he knows to the holder, forthwith surrender it to any licensing authority or to any police officer.
42. Exemption from payment of fee :- The exemption from the payment of fee prescribed in Clause (f) of sub-section (2) of Section 28 shall be as notified by the State Government from time to time.
43. Issuing Authority of Medical Certificate :- The Authority to issue a medical certificate under sub-section (3) of Section 8 shall be a State Government Doctor of and above the rank of Assistant Civil Surgeon or as may be authorized by the Government.
44. Fee for issue of Medical Certificate :- The fee chargeable by the authority for issuing a medical certificate shall not exceed rupees fifteen.
45. State Register of Driving Licences :- (1) Each Licensing Authority in the State shall maintain a register in respect of driving Licences issued and renewed by it in Form 10 as prescribed under sub-rule (1) of the Rule 23 of the Central Motor Vehicles Rules, 1989.
(2) Each Licensing authority shall supply to the Central Government a printed copy of the Register referred to in sub-rule (1) so as to reach the Director (Transport Research), Ministry of Surface Transport, New Delhi on or before 15 th April, 15 th July, 15 th October and 15 th January of every year covering the details for the preceding period of three months and simultaneously supply a copy of the register to Transport Commissioner.